Thursday, May 16, 2013

Forced Marriage - A Tragedy in Muslim Communities


Forced marriage describes a marriage that takes place without the free or valid consent of one or both of the partners and involves either physical or emotional duress. Early, or child, marriage also is related to forced marriage as minors are deemed incapable of giving informed consent. Although the difference may be indistinct, an arranged marriage differs from a forced marriage since both parties consent to the union and assistance from third parties to identify a spouse. Forced marriage mainly affects women and girls, but there are instances where men and boys are forced into marriage, especially if there are concerns about their sexual orientation.
The practice of forced marriage constitutes serious human rights abuse. It violates the principle of freedom and deprives its victims of their basic civil rights. The requirement for the free and informed consent of both parties to a marriage is recognized in numerous legal instruments at international, national and local levels. These instruments, along with all major world religions, condemn forced marriage. The Universal Declaration of Human Rights also stipulates that “marriage shall be entered into only with free and full consent of the intending spouses.” But only a few countries have criminalized the practice, and even with the existing laws and opposition, forced marriage remains a tragic reality for many women around the world.
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Despite numerous contentions to the contrary, forced marriage is not an Islamic tradition; it is a jahiliyya custom (pre-Islamic era), rooted in indigenous cultures, that has persisted in some Muslim communities. Islam does not sanction or advocate any form of forced marriage. In Islam, marriage is a sacred contract between two people, which must be entered into freely and with mutual consent. The religion also mandates that the woman’s consent is a prerequisite to the validity of the marital contract. As such, the egregious institution of forced marriage is not the result of adherence to Islam, but rather that of a complete departure from the religion. So, those Muslims involved in the practice of forced marriage are distinctly acting against the precepts of Islam. We read in the Qur’an:
“O you who believe, it is not lawful for you to inherit women against their will, nor should you detain them wrongfully…”  [4:19]
This directive also is conveyed in Prophetic tradition as seen in the following hadith (sayings or customs of Prophet Muhammad {peace be upon him}):
Abu Hurairah reported that Prophet Muhammad (peace be upon him) said: “No female whether a widow or divorcee will be forced to marry any one unless her express and categorical consent has been freely taken and in the same way a woman not previously married can never be forced to marry anyone unless her free consent and permission is taken.” [Sahih Al-Bukhari]
To appreciate the Islamic stance one has to understand a fundamental aspect of Islamic ideology and law, which is the right of free will and consent, and the negation of compulsion and coercion within the human life. This principle is of such great importance in Islam that even acceptance of the faith is declared a matter of free will and choice. The Qur’an states:
“There is no compulsion in religion, the right path and wrong path, both have been clearly explained and explicitly differentiated from each other.” [2:256]
Another related ethnic custom, wrongly attributed to Islam, is that of denying a woman the right to choose her life partner. Islam does not allow for parents, or anyone else, to enforce their will or choice on a woman as she is the real party to the marital contract. This is affirmed in commandments by Prophet Muhammad (peace be upon him) in several hadiths, which prescribed the foundational principles of formulating a marriage contract. Below are two such examples.
Ibn Abbas reported that a girl came to the Prophet, and she reported that her father had forced her to marry without her consent. The Messenger of Allah gave her the choice between accepting the marriage or invalidating it. [Ahmad] 
Another version of the above report states that the girl said: “Actually, I accept this marriage, but I wanted to let women know that parents have no right to force a husband on them." [Ibn-Majah]
It is reported;  that Khansa Bint e Hizam Al Ansariyah went to the Prophet (peace be upon him) to report to him that she had been forced into a marriage by her father. After listening to her, the Prophet (peace be upon him) rejected the marriage and declared it invalid. [Sahih Al-Bukhari]
The practice of forced marriage is not solely a “Muslim issue,” but rather an endemic problem that crosses all religious, ethnic, social and economic boundaries. It is most common in South and East Asia, Africa and the Middle East, and persists in certain areas of Central and Eastern Europe and the Former Soviet Union. In some of these regions, forced marriage is known to involve human trafficking, bride kidnapping, and the sale or trading of women into servile marriages, in exchange for a bride price or a dowry. In some cases, the marital contract is completed when the child is at a very young age. Furthermore, victims of forced marriage not only include the able-bodied, but also the disabled or otherwise infirmed.
There are a myriad of reasons for forced marriage. In Muslim communities, misguided religious teachings and perverted interpretations of Islam lead families to believe that they are complying with Islamic ruling. Other factors may include the notion of protecting children; upholding cultural traditions; preserving family honor; gaining economic security and social status; and building stronger families. Forced marriage also is used to prevent “unsuitable” relationships outside the religious or ethnic group; sponsor residency and citizenship (usually for a Western Country); ward off promiscuous behavior; and prevent gay, lesbian or transgender sexual orientation.

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