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'''Forced marriage''' is the compelled marriage of an individual (usually female) against their will. The individual is usually forced by family members and in countries with primitive women's rights. 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.  
'''Forced marriage''' is the compelled marriage of an individual (usually female) against their will. The individual is usually forced by family members and in countries with primitive women's rights. 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.  
Most (but not all) Muslim majority countries have made child marriage and forced marriage illegal. Nevertheless, such marriages still occur to a significant extent despite legal protections (and are not limited to Muslim communities). Many Muslim charities and campaign groups are working to prevent contemporary cases of forced marriage and to help those who seek their help.<ref>For example [https://www.mwnuk.co.uk/Forced_Marriage_7_factsheets.php Muslim Women's Network UK] and [https://preventforcedmarriage.org/forced-marriage-overseas-pakistan/ Tahirih Justice Center Forced Marriage Initiative]</ref> There are also government agencies who can and should be contacted when someone is at risk of forced marriage. Some charities advise those who realise too late that they are being taken overseas for a forced marriage to hide a spoon underneath their clothing so that when passing through the airport metal detector there will be an opportunity to explain the situation privately to the security team. Contacting the relevant national embassy is usually advised if already abroad.


==Child marriage==
==Child marriage==
Most (but not all) Muslim majority 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>
{{Main|Child Marriage in Islamic Law}}
 
As detailed below, Muhammad's marriage to six-year-old Aisha was cited in jurisprudence ruling that a child can be betrothed by her father without her explicit consent.<ref>{{Bukhari|7|62|18}}</ref><ref>{{Muwatta|28|2|7}}</ref> Consummation of the marriage takes place when the father and husband believe she is ready for it. The tradition that Muhammad consummated his marriage to Aisha when she was nine<ref>{{Bukhari|7|62|64}}</ref> has also featured in such judgements. A number of Quranic verses played a prominent role both in Quranic exegesis and legal disgussions about the consummation of marriage with pre-pubescent girls.<ref>Most noteably {{Quran|65|4}}, though also {{Quran|4|3}}, {{Quran|4|6}} and {{Quran|24|32}}</ref>


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.
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.<ref>{{Bukhari|7|62|68}}</ref>


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 [[Child Marriage in the Muslim World|all over the world]], but especially in Muslim countries that practice the relevant part of the 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.  
A girl was thus 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 [[Child Marriage in the Muslim World|all over the world]], but especially in Muslim countries that practice the relevant part of the 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.  


==Islamic law==
==Islamic law==
===Compulsion of minors and virgins===
According to Professor Kecia Ali, Islamic jurists considered that the Quranic concept of "''Bulugh'', majority, was usually constituted by puberty, normally menarche for a girl and first nocturnal emission for a boy, though other signs of physical maturation could be taken into account." Quran verses that mention bulugh were taken into account in jurist discussions on marriage compulsion and there was also much discussion centred around the following hadith:
{{Quote|{{Muslim|8|3307}}|Ibn Abbas (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying:
A woman who has been previously married (Thayyib) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent.}}
This appears to rule out a father forcing his virgin daughter into marriage without consulting her and obtaining her agreement, or at least her silence (though this can be abused, as mentioned above). However, Kecia Ali explains that the jurists were nevertheless in agreement that "a father's power of compulsion over his virgin daughter is unquestioned so long as she is a minor." Two founders of major schools of Sunni jurisprudence, Malik and Shafi'i, employed different strategies to get around the apparent implications of the above hadith.
Malik's legal methodology considered the custom of the people of Medina as more authoritative than this hadith. For Malik, either virginity or minority allowed compulsion.
For Abu Hanifa, there is no compulsion after majority. Later Hanafis ruled that a minor (virgin or otherwise) can be compelled into marriage.
Shafi'i claimed that the word for guardian in the hadith does not include a female whose guardian is her father, so a father could still compell his virgin daughter to marry. The rarer case of non-virgin minors were forbidden to be married again at all until they reached majority. For both Malik and Shafi'i, the father's power to compell his virgin daughter to marry continued even after the age of majority.<ref>Kecia Ali, "Marriage and Slavery in Early Islam", Massachussets: Harvard University Press, 2010, p. 33 - 34</ref>
Kecia Ali further states that the example of Muhammad and his companions featured in these discussions. "Though the ''Muwatta'' and ''Mudawwana'' presented anecdotes about Companions and the Prophet marrying off their daughters, the ''Umm'' focused on the Prophet's marriage to 'A'isha". She further notes, "In Shafi'i's view, she was still a minor when consummation occurred. The binding nature of Muhammad and 'A'isha's union establishes fathers' power to contract binding marriages for their minor virgin daughters: 'Abu Bakr's marrying 'A'isha to the Prophet, may God's blessings and peace be upon him, when she was a girl of six and [the Prophet's] having sex with her when she was a girl of nine indicates that the father has more right over a virgin than she has over herself.'"<ref>Ibid. p. 35</ref>
As well as the hadith quoted above, Muslim advocates of reform to laws on marriage highlight the following hadiths:
{{Quote|{{Abu Dawud|11|2091}}|Narrated Abdullah ibn Abbas:
A virgin came to the Prophet (ﷺ) and mentioned that her father had married her against her will, so the Prophet (ﷺ) allowed her to exercise her choice.}}
{{Quote|{{Ibn Majah||3|9|1873}}|Abdur Rahman bin Yazid Al-Ansari and Mujamma bin Yazid Al-Ansari said:
that a man among them who was called Khidam arranged a marriage for his daughter, and she did not like the marriage arranged by her father. She went to the Messenger of Allah and told him about that, and he annulled the marriage arranged by her father. Then she married Abu Lubabah bin Abdul-Mundhir.}}
===Option of puberty to annul the marriage===
In all schools of classical Islamic law, a father 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>


Due to Muhammad's marriage to six-year-old Aisha, a child can be betrothed by her father without her explicit consent.<ref>{{Bukhari|7|62|18}}</ref><ref>{{Muwatta|28|2|7}}</ref> Some [[sahih]] hadith state that a virgin's silence is taken as consent.<ref>{{Bukhari|7|62|68}}</ref> Consummation of the marriage takes place when the father and husband believe she is ready for it. Since Muhammad consummated his marriage to Aisha when she was nine,<ref>{{Bukhari|7|62|64}}</ref> there is nothing wrong Islamically with an adult consummating his marriage to a 10-year-old who has reached menarche. In fact, Islamic law allows adults to marry pre-pubescent girls and does not stipulate when sexual relations may occur.<ref>{{Quran|65|4}}</ref>  Islam mandates that a woman have sex with her husband whenever he asks for it unless she is menstruating or severely ill.<ref>{{Muslim|8|3368}}</ref><ref>Mishkat al-Masabih Book I, Section 'Duties of husband and wife', Hadith No. 61</ref><ref>Al Tirmidhi Hadith No. 1160 & Ibn Ma’jah Hadith No. 4165</ref>  In Iran, for example, ''tamkin'' is the word used to describe a woman's obligation to be sexually available at her husband's whim.<ref>Ilkkaracan, Pinar. (2008). [http://books.google.com/books?id=pnGwP9-FhxYC&printsec=frontcover&source=gbs_navlinks_s#v=onepage&q=&f=false ''Deconstructing Sexuality in the Middle East'']. (p. 129). Burlington, VT: Ashgate Publishing Company.</ref>  There is no law in Islam that protects a woman from rape by her husband.  In fact, a wife is a man's tilth, and he is permitted to approach her however and whenever he feels like it.<ref>{{Quran|2|223}}</ref><ref>[http://www.dailytelegraph.com.au/news/cleric-rape-beating-ok-for-wives/story-e6freuy9-1111118629144 Cleric: Rape, beating OK for wives] - Mark Dunns - The Daily Telegraph, January 22, 2009</ref>  If she feels that she is being mistreated, she must seek a divorce from an Islamic court and prove the mistreatment.  If her husband divorces her, but changes his mind before the mandatory 'idda is over, he may take his wife back whether she desires to remain married to him or not.<ref>{{Quran|2|228}}</ref><ref>[http://www.islamqa.com/en/ref/75027/permission%20second%20wife The wife’s consent is not a condition of taking her back after divorce] - Islam Q&A, Fatwa No. 75027</ref>
===Marital rape===
{{Main|Rape in Islamic Law}}
The problem of marital rape is particularly likely to occur in cases of forced marriage. Islamic law obliges a woman to have sex with her husband whenever he asks for it unless she is menstruating or severely ill.<ref>{{Muslim|8|3368}}</ref><ref>Mishkat al-Masabih Book I, Section 'Duties of husband and wife', Hadith No. 61</ref><ref>Al Tirmidhi Hadith No. 1160 & Ibn Ma’jah Hadith No. 4165</ref>  In Iran, for example, ''tamkin'' is the word used to describe a woman's obligation to be sexually available at her husband's whim.<ref>Ilkkaracan, Pinar. (2008). [http://books.google.com/books?id=pnGwP9-FhxYC&printsec=frontcover&source=gbs_navlinks_s#v=onepage&q=&f=false ''Deconstructing Sexuality in the Middle East'']. (p. 129). Burlington, VT: Ashgate Publishing Company.</ref>  There is no law in Islam that protects a woman from rape by her husband.  In fact, a wife is a man's tilth, and he is permitted to approach her however and whenever he feels like it.<ref>{{Quran|2|223}}</ref><ref>[http://www.dailytelegraph.com.au/news/cleric-rape-beating-ok-for-wives/story-e6freuy9-1111118629144 Cleric: Rape, beating OK for wives] - Mark Dunns - The Daily Telegraph, January 22, 2009</ref>  If she feels that she is being mistreated, she must seek a divorce from an Islamic court and prove the mistreatment.  If her husband divorces her, but changes his mind before the mandatory 'idda is over, he may take his wife back whether she desires to remain married to him or not.<ref>{{Quran|2|228}}</ref><ref>[http://www.islamqa.com/en/ref/75027/permission%20second%20wife The wife’s consent is not a condition of taking her back after divorce] - Islam Q&A, Fatwa No. 75027</ref>


==Slaves and Captives==
==Slaves and Captives==
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[[Qur'an, Hadith and Scholars:Muhammads Wives and Concubines#Raihana|Rayhana]] was a Jewish captive from the Quraiza tribe.  One source says Muhammad offered her marriage instead of slavery, but she declined and remained Jewish. Another source says he married her, and her manumission was her mahr.
[[Qur'an, Hadith and Scholars:Muhammads Wives and Concubines#Raihana|Rayhana]] was a Jewish captive from the Quraiza tribe.  One source says Muhammad offered her marriage instead of slavery, but she declined and remained Jewish. Another source says he married her, and her manumission was her mahr.


===Relevant Quotations===
==Relevant Quotations==


{{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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