It is important first to understand how forced marriage differs from arranged marriage. In the latter, the families of both spouses take a leading role in arranging the marriage but the choice of whether or not to accept the arrangement remains with the young people. In forced marriage, one or both spouses do not consent to the marriage and some element of duress is involved. The force may include threats of/actual physical or sexual violence, financial abuse (e.g., the taking away of someone’s wages) and/or the individual being made to feel they are bringing ‘shame’ on the family by refusing to marry. Sometimes the victim is unable to explain that no one was physically forcing him to do it but it was clear he had no choice? The pressure to accept was overwhelming. It is important to note that forced marriage is not sanctioned within any culture or by any religion.
Islam and Forced Marriage
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. Unlike secular law, marriage within the ambit of Islam is not only a civil contract but a religious and spiritual contract between two people – which must be entered into freely and with mutual consent. According to Islamic custom, parents and guardians have specific rights in this matter; to arrange the marriage ceremony and conduct it as a respectful family event; give their advice and recommendation for a life partner for their children. These rights are encapsulated within the philosophy of ‘willayah’. However, Islam does not allow parents, guardians or other relatives to enforce their will or choice on a boy or a girl since it is they who are the real parties to that contract. The right to exercise free will and consent in choosing a spouse is a God given right.
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; social status; and building stronger families. Forced marriage also is used to prevent so-called “unsuitable” relationships outside regional & ethnic groups.
This is also clearly evident from important commandments given by the Holy Prophet (PBUH) in numerous Hadith, which lay down the foundational principles of formulating a marriage contract.
In the Sahih Al-Bukhari, for example, a chapter in the book of marriage has been given the heading: “No father or mother or any close relation can force his/her children to marry anyone against their free will and consent”.
Within this chapter Abu Hurairah transmits from the Holy Prophet (PBUH) who said: “No female whether a widow or divorcee will be forced to marry anyone 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”.
Imam Bukhari has set another chapter heading within the book of marriage: “If parents force their daughter to marry someone against her wish then the marriage will be void”.
Under this chapter Imam Bukhari reports a Hadith of the Holy Prophet (PBUH) from Khansa Bint e Hizam Al Ansariyah. She states that her father married her off to someone forcefully whom she did not like. She took her case to the Holy Prophet (PBUH) and upon listening to her; the Holy Prophet (PBUH) rejected the marriage and declared the marriage as void”.
In another Hadith in the Sahih of Imam Bukhari it is narrated by Abdullah Ibn Abbas (r.a.d) that the Holy Prophet (PBUH) said that if a woman wants to marry and is already a divorcee or widow, her right of free consent and free choice is superior then the right of her guardian. If she is not previously married and this is her first marriage even then her parents or other guardians cannot enforce their choice on her. They are not allowed to force her to marry anyone against her free choice and free consent.
It is thus clearly apparent that forced marriages are totally unacceptable in Islam. Islamic commandments as mentioned above are very categorical in nature. Those who invoke Islam in order to justify their actions do so for ulterior motives. There is a need to educate all and sundry on these issues.
Abid Hussain
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