Sharia law::Forced marriage


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Sahih Bukhari Volume 7, Book 62, Number 65 Narrated 'Aisha: that the Prophet married her when she was six years old and he consummated his marriage when she was nine years old. Hisham said: I have been informed that 'Aisha remained with the Prophet for nine years (i.e. till his death).

Sahih Bukhari 7.18 Narrated 'Ursa: The Prophet asked Abu Bakr for 'Aisha's hand in marriage. Abu Bakr said "But I am your brother." The Prophet said, "You are my brother in Allah's religion and His Book, but she (Aisha) is lawful for me to marry."

Evidence from other Islamic sources seems to suggest that this is not something allowed for all Muslims; rather specifically for Muhammad. The evidence for this is as follows:

Abu Hurayrah reported that the Prophet said: "A non-virgin woman may not be married without her command, and a virgin may not be married without her permission; and it is permission enough for her to remain silent (because of her natural shyness)." [Al-Bukhari:6455, Muslim & Others]

It is reported in a hadith that A'ishah related that she once asked the Prophet : "In the case of a young girl whose parents marry her off, should her permission be sought or not?" He replied: "Yes, she must give her permission." She then said: "But a virgin would be shy, O Messenger of Allaah!" He replied: "Her silence is [considered as] her permission." [Al-Bukhari, Muslim, & Others]

It appears that the permission of an under-age bride is indeed necessary for her marriage to be considered valid. Despite the fact that this opinion is held only by a minority of classical scholars, the above narrations seem to clearly make the approval of the bride a condition for a valid marriage contract.

The contract of an Islamic marriage is concluded between the guardian (wali) of the bride and bridegroom, not between bridegroom and bride if she is virgin but her permission is still necessary. The guardian (wali) of the bride can only be a free Muslim.<ref name="Islam, New Edition p. 27">The Encyclopaedia of Islam, New Edition, Vol. VIII, p. 27, Leiden 1995.</ref>

According to the Hanafi school of sharia Law every wali, who is a blood relative, can force an underage virgin in marriage without her consent. But such a forced marriage by a wali other than her father or the paternal grandfather can be demanded to be declared void (faskh) by the qadi, when the she "comes of age".

As forced marriages are allowed under certain circumstances by orthodox Shari'a, "Campaigners and support groups say forced arranged marriage of young British Muslim girls is becoming a bigger problem every day!".<ref> Mirror: "Forced marriage: Ayesha was repeatedly beaten, raped and then twice almost murdered by her own family"</ref>

Forced marriage sections
Intro  Historical context  Supplementary Convention on the Abolition of Slavery  Istanbul Convention  Causes of forced marriages  Consequences  Violence  Relation to dowry and bride price  Marriage by abduction  Forced marriage as a way of solving disputes  Widow inheritance  In armed conflict  Forced marriage by partner  Escaping a forced marriage  Sharia law  Shotgun wedding  By country  Statistics  See also  References  External links  

Sharia law
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