Forced Marriage: Difference between revisions

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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 had reached the age of puberty into a marriage contract with someone against her explicit wishes was forbidden by most schools of Islamic jurisprudence. However, there was a legal consensus that virgin minors could be entered into marriage contracts by their fathers by compulsion, despite hadith evidence which seems to mandate a female virgin's consent (or at least a lack of protest). Reports of Muhammad's marriage to Aisha and of his companions marrying off their minor daughters played a role in some jurist opinions.
'''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. In Islamic law, forcing a female who had reached the age of puberty into a marriage contract with someone against her explicit wishes was forbidden by the Hanafi and Hanbali schools of jurisprudence, though a father was pertitted to do so by the Maliki and Shafi'i schools if his daughter was still a virgin. They all agreed that virgin minors could be entered into marriage contracts by their fathers by compulsion, despite hadith evidence requiring a female virgin's consent (or at least a lack of protest). Reports of Muhammad's marriage to Aisha and of his companions marrying off their minor daughters played a role in some jurist opinions. Jurists also agreed that [[Slavery in Islamic Law#In_Islamic_law|female slaves]] could be married off to someone by their owners without their consent.


Most (but not all) modern Muslim majority countries have made child marriage and forced marriage illegal. Nevertheless, such marriages still occur to a significant extent despite legal protections (and also occur in some non-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.
Most (but not all) modern Muslim majority countries have made [[Child Marriage in Islamic Law|child marriage]] and forced marriage illegal. Nevertheless, such marriages still occur to a significant extent despite legal protections (and also occur in some non-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==
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==Slaves and Captives==
==Slaves and Captives==
In recent decades there has more or less been a consensus of scholars that slavery is no longer permitted. Historically however, and still in a few places today, slavery persisted for many centuries. Slaves lose control of their lives to those known as ''owners''. Although Islam promotes the freeing of slaves by promising divine rewards in the afterlife, it also institutionalizes the practice by sanctioning the capture and enslavement of enemy ([[Non-Muslims|kuffar]]) noncombatants as well as promoting an [[w:Indulgence|indulgence]]-style requirement of manumitting a slave for the compensation of sins committed.<ref>{{Quran|4|92}}</ref> The buying and selling of human beings like livestock is permitted in Islam, and there is no limit to the number of slaves a Muslim can own so long as he (or she) can afford to feed, clothe, and shelter them. Slaves have no right over their own persons. A slave may not get married without his or her master's permission, and a slave can redeem his or herself only if the master allows it.
{{Main|Slavery in Islamic Law}}
In recent decades there has more or less been a consensus of scholars that slavery is no longer permitted and it is now illegal in all Muslim-majority countries. Historically however, and still in a few places today, slavery persisted for many centuries. Slaves lose control of their lives to those known as ''owners''. Although Islam promotes the freeing of slaves by promising divine rewards in the afterlife, it also institutionalizes the practice by sanctioning the capture and enslavement of enemy ([[Non-Muslims|kuffar]]) noncombatants in wartime, whose children are then also born into slavery (unless fathered by the owner), as well as promoting an [[w:Indulgence|indulgence]]-style requirement of manumitting a slave for the compensation of sins committed.<ref>{{Quran|4|92}}</ref> The buying and selling of human beings like livestock is permitted in Islam, and there is no limit to the number of slaves a Muslim can own so long as he (or she) can afford to feed, clothe, and shelter them. Slaves have no right over their own persons. A slave may not get married without his or her master's permission, and a slave can redeem his or herself only if the master allows it.


Kecia Ali states regarding the marriage of slaves:
Kecia Ali states regarding the marriage of slaves:
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====Mariyah====
====Mariyah====


Mariyah was a Coptic concubine sent as a gift from Egypt to Muhammad. She gave birth to Muhammad's son Ibrahim, but he died by the time he was two. They were never married, but he had sex with her because she was his property.
[[Maria the Copt (Mariyah Al-Qibtiyyah)|Mariyah]] was a Coptic concubine sent as a gift from Egypt to Muhammad. She gave birth to Muhammad's son Ibrahim, but he died by the time he was two. They were never married, but he had sex with her because she was his property.


====Rayhana====
====Rayhana====
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