Child Brides
The plight of an 8-year-old girl in Saudi Arabia is attracting the attention of world media, including CNN, and local media such as the Arab News and the Saudi Gazette. A contract for her marriage has been drawn up by her father and his 58-year-old friend, against the wishes of her mother and without the 4th-grader's knowledge.
The father defends the action, citing a promise from the new husband that the marriage will not be consummated until the girl reaches the age of 18. The girl continues to live with her mother at this time.
The mother petitioned a local court to annul the marriage, but was denied on the technical ground that she is not the "legal guardian" of the child. Under Saudi law, which many local human and women's rights groups are trying to change, a female child or adult is always under the "legal guardianship" of a male relative. So although the mother has physical custody of the child, she cannot legally represent the child in court. And ironically, since the child is still a minor, she cannot petition the court herself until she reaches puberty!
In my opinion, it's time for the higher courts to step in and ban the practice of arranged child marriage altogether, immediately. Changes are in the works -- the country's Shoura Council (governing body) is currently considering legislation to set a minimum marriage age of 14 or 18, and perhaps banning marriages with significant age differences between husband and wife. Officials of the country's National Human Rights Association have insisted that Saudi Arabia must adhere to signed international human rights agreements which define a "child" as anyone under the age of 18. The government requires premarital health testing, and the mother's lawyer has expressed outrage that this marriage was not red-flagged at that point. But is the pace of bureaucracy too slow to help this particular child?
The promise of girls in marriage to older men was common in Jahiliyya (pre-Islamic) Arabia, and has tribal and cultural roots. Such ignorance has no place in Islam, and many Muslim scholars and judges have spoken out against such practices. Their legal reasoning is that:
- in Islamic law, in order for a marriage to be valid, the female must approve of the contract.
- a minor child is considered unable to understand and enter into any type of legal contract.
- a contract cannot be entered into on behalf of another person, unless that person understands and consents to it.
- a girl's silence on the issue cannot be taken as tacit approval, since the child is unable to understand the issue and is often not even told.
- such marriages often result in health problems, psychological trauma, and divorce.
Comments
As Salaam Alaykom Sister:
I live in America, and attend a class once a week. I am the only Hijabi Muslim there and I know that someone will confront me on this issue. Thank you for giving me something to tell them.
Hala
SAVE THIS, AND MANY OTHER GIRLS!A STRONG INTERNATIONAL PRESSURE SHOULD BE EXERTED ONTO SAUDI ARABIA TO STOP SALE AND SLAVERY OF GIRLS AND WOMEN-ISLAM IS PROTECTIVE OF WEAK AND VULNERABLE ONES. SAUDI ARABIA IS THUS DENYING BASIC HUMAN RIGHTS TO 2/3 OF ITS POPULATION.
I am glad that this informative website exist,
There are some incredible things that I learn from here.
I never knew why arranged or forceful marriage often happen in some muslim communities.
Thanks for giving me clearity and understanding of the issue, Now that I know some fact behind this, I can face and talk to my non muslim friends with absolute calm.
I have one question re: this issue
You mentioned that a man married to a young girl was practiced in Jahilliyah time.
I read the book about Prophet Muhhamad Pbuh, by Martin Lings that tells about Aisyah was married at a young age. Would you please explain to me about the story.
Thanks
I have also read the book by Martin Lings and would like this explained too. Thank you for your great work.
Her parents were actually Christians and they gifted their daughter to Muhamed (PUH) as was the practice in those times (by Jews, Christians and others too) for favours, mercy or reward . She was thus protected by him along with many other women whose husbands had died, or were abandoned and for whom he unselfishly provided for. He was a man of “outstanding integrity” and not a sex maniac as some portray. His protection, food and shelter was far better than being beaten, abused or starved to death. In fact women were clamoring to get his mercy . Female infaticide was a very common practice, the killing of females) but was outlawed under his rule, throughout the Middle East, Asia and wherever Islam took root. It might interest you to know that the first “Judges” ever appointed (by him), were “Women”. Not bad hey! for an illiterate man in the desert is it. Don’t believe this nonsense that he was some sort of sex deviant it’s not true. If you read the Torah you will see lots of stories of how badly women were treated by the Jews and later by Christians too. Women are still treated very badly in China, India, Phillipines, South America and so on. It is a world problem after all.
Oviously any adult male who would want to marry a child is a pedophile. They should be prosecuted as such.
Mary the Mother of Jesus was said to have been no more than 12 or 13 years of age when she delivered her child Jesus.
This is sad and sick. What adult man could find a 4th grader as a right person to marry? This should be up to the girl and when she wants to get married she will say so. Leave the girl alone and let her have the life that she wants to have.
she has a right to marry person whom she likes
Did you read about the 12-year-old Yemeni girl who died in childbirth after being taken out of school to marry a man nearly twice her age? She was in labor for 3 days before she died. Read the comments section to see how some idiots defended the issue.