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In classical Islamic law, guardians could even enter pre-pubescent children into marriage contracts
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Forcing a female to marry someone against her explicit wishes is forbidden in [[Islam]]. Nevertheless [[Islamic law|Shari'ah]] fails to protect the most vulnerable | Forcing a female who has reached the age of puberty to marry someone against her explicit wishes is forbidden in [[Islam]]. Nevertheless [[Islamic law|Shari'ah]] fails to protect the most vulnerable - children. | ||
==Child marriage== | ==Child marriage== | ||
This failure to protect children has | This failure to protect children has three aspects: | ||
1. A father or guardian must ask the consent of his | 1. In modern times most (but not all) Muslim countries have made child marriage illegal. However, in all schools of classical Islamic law, a guardian was allowed to enter his pre-pubescent child into a marriage contract without consent. When the child reached the age of puberty he or she could exercise the "option of puberty" (khiyar al-bulugh) to repudiate the marriage, but only if it was entered into negligently, fraudulently or by someone other than the father or grandfather. The option was also lost to a virgin female who has reached puberty and who had taken no action or remained silent for what is considered a reasonable time after being informed of the contract. A male child retained his option in the same circumstances until he actively approved of the marriage <ref>Esposito, John L. (2001) "Women in Muslim Family Law (2nd Edition)", New York: Syracuse University Press, pp.16-17</ref> <ref>Ali, S. M. (2004) "The Position of Women in Islam: A Progressive View", New York: State University of New York Press, pp.40-41</ref> | ||
2. A father or guardian must ask the consent of his daughter before offering her in marriage if she is a virgin who has reached puberty, based on a well known sahih hadith. However, according to that same hadith, if she remains silent when asked, offering no explicit acceptance, this counts as consent. | |||
{{Quote|{{Muslim|8|3303}}| Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) as having said: | {{Quote|{{Muslim|8|3303}}| Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) as having said: | ||
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I asked Allah's Messenger (ﷺ) about a virgin whose marriage is solemnised by her guardian, whether it was necessary or not to consult her. Allah's Messenger (ﷺ) said: Yes, she must be consulted. 'A'isha reported: I told him that she feels shy, whereupon Allah's Messenger (ﷺ) said: Her silence implies her consent.}} | I asked Allah's Messenger (ﷺ) about a virgin whose marriage is solemnised by her guardian, whether it was necessary or not to consult her. Allah's Messenger (ﷺ) said: Yes, she must be consulted. 'A'isha reported: I told him that she feels shy, whereupon Allah's Messenger (ﷺ) said: Her silence implies her consent.}} | ||
3. A girl is expected to make a life changing decision on marriage while still a child, with very limited experience and utterly dependent on her parents. Child marriages occur [[Contemporary Pedophilic Islamic Marriages|all over the world]], but especially in Muslim countries that practice Shari'a. [http://www.un.org/youthenvoy/2016/03/new-un-initiative-aims-to-protect-millions-of-girls-from-child-marriage The UN] regards child marriage as a human rights violation and aims to eradicate it by 2030. The girl is vulnerable to spousal abuse and childhood pregnancy which greatly jeopardizes her health and future. | |||
==The Story== | ==The Story== | ||