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Forced Marriage

WHAT IS A FORCED MARRIAGE?

Forced marriage is when you face physical pressure to marry (like threats, physical violence or sexual violence) or emotional and psychological pressure (like if you’re made to feel like you’re bringing shame on your family)
This is Un Islamic but Cultural.
There is nothing in Islam called forced marriage. Those who are doing it are doing it based on their tribal, ethnic, cultural practices.
A Forced Marriage is not considered a marriage under Islam.

What Can Lack Of Consent Look Like?

A lack of consent can be caused by a variety of factors, including being under the legal age of consent, being disabled or incapacitated, or being subjected to force, fraud, or coercion.

For example, although some minors may agree to be married, they often lack the capacity for informed and meaningful consent. Simply accepting the idea of being married is not the same as consent. Consent also requires an individual to approve of the timing of the marriage, as well as the marriage partner.

TYPES & CAUSES

Why Do Parents Or Families Do It?

  • Either because that’s his cousin or that’s the son of his brother, or that’s his friend or that’s his somebody, the guy is ABC nationality.
  • Cultural factors: They want to marry within the family (keeping the family network). Status: Marrying based on status; doctor, engineer etc.
  • Wealth: Marrying their child with a person to keep their wealth within the clan. This is absurd because in Islam a woman’s wealth is her own. Nobody has the right to use it without her consent not even her husband.
  • Parents obsessed with their own happiness than their children’s – a real psycho logical problem of guardians.
  • Their names, their pride, their prestige, their appearance to the society means more to them than the lifelong happiness of their children.

Difference Between Forced & Arranged Marriages:

If a person of good character and
good religious commitment proposes to a female relative under your care,
you must not refuse otherwise there will be fitnah on the earth.

- Prophet Muhammad
(peace be upon him)

IDEAS & INSPIRATIONS TO OVERCOME THE PROBLEM

How To Convince Parents Who Are Forcing You To Marry Someone You Don't Like?

  • Educating the parents with wisdom and mercy using evidences from the Quran and Sunnah. Advising the parents with warning and severity of the issue from perspective of Quran and Sunnah.
  • If the parents are not ready to accept that, try to become more firm.
  • Ask them kindly to fear Allah for doing such a dhulm and tell them that they will be held to account for their actions.
  • Try to take a stronger stance against them.
  • Go to the State authorities who have the power of enforcement to protect our right.
  • Ultimately seek the help of Allah during his or her trials and remain patient and Allah’s Help will come.
  • A critical problem is oppression and ignorance either we don’t know the teachings or we know the teachings but do not act upon it and leads towards ignorance. Inform and empower and educate people around you.
its-a-choice

STEPS YOU CAN TAKE

What To Do In The Case Of Being In An Abusive Forced Marriage:

– You have the choice of whether to stay or not. Seek guidance from Allaah(by praying istikhaarah). If you agree to stay in this marriage then all well and good,but if you do not accept to stay with your husband, then you have the right to seek annulment of the marriage, because it took place without your consent.
– Go to an Islamic judge who rules the marriage contract to be invalid. (There is no need for divorce as there was no marriage in the first place.
– If living in the West or a non-Muslim country, then:

  • People might have to take the route of divorce to get out of the marriage be cause of the absence of Islamic judges.
  • In the true sense though, there is no marriage for the divorce or khula to take place.
  • When the scholars in the Western countries advise the parents against it after the child has come to them complaining about being forced, then parents must listen to the scholars.

EXTENDED READING

The ruling on being in a forced marriage

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