Women under Islam: Forced marriage - Part 2 of 4

The fact that a young woman has to have the consent of her guardian, or Wali, indicates that the woman is not really a free agent and cannot readily marry someone of her own choosing.

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A man in Islam can have four concurrent wives, though a woman is denied more than one husband. In most Western nations, polygamy is illegal, but Britain allows tax-payers' money to subsidize welfare benefits for polygamous Muslims' extra wives.

Sheikh Ahmad Nutty of the Islamic Institute of Toronto, Ontario, writes: "The stated requirements of marriage in Islam are as follows: Full consent of both partners to the marriage, expressing the above consent through ijab (offer) and qabul (acceptance), finally the presence of two reliable witnesses. Apart from the above, in the case of females, their guardian's consent has been considered essential for the validity of marriage according to the majority of imams and scholars. Imam Abu Hanifah, however, is of the view that a mature woman is fully capable of contracting her own marriage. Thus in his view, marriages finalized without guardian's consent shall be considered as valid so long the woman has chosen someone who is considered as compatible."

The fact that a young woman has to have the consent of her guardian, or Wali, indicates that the woman is not really a free agent and cannot readily marry someone of her own choosing. In Malaysia last year, a 22-year old woman who had married a 32-year old man and was five months' pregnant, was taken to an Islamic court by her father. He claimed that, being her Wali, he was not consulted before the marriage. The Islamic court annulled the marriage.

There are other bizarre variations on standard marriage, including "temporary marriages" called mut'ah and misyar. Misyar is a Sunni custom and it became legitimized in Egypt in the early 19th century. Ibn Baaz, the Salafi Grand Mufti of Saudi Arabia from 1993-9 made a fatwa sanctioning misyar, expecting it to make it easier for wealthy single women to get married. Traditionally, a Muslim husband presents his bride with a dowry or mahr, and misyar dispenses with this requirement. In misyar marriage the couple do not live together, but make nuptial visits to each other.

On April 12, 2006 the Islamic Jurisprudence Assembly in Mecca gave its approval for such unions. Misyar marriages are becoming common in Saudi Arabia, with some Saudi marriage officials claiming that 7 out of 10 of their contracts are misyar arrangements. Misyar is a temporary marriage, but can be extended to become full marriage. It does not have a fixed time in which it must end, like Mut'ah marriage.

Some traveling Muslims use temporary marriages to engage in sex tourism 'Islamically". Last June, Indonesia's vice president, Jusuf Kalla quipped that he saw nothing wrong with Arab men engaging in "temporary marriages" with Indonesian women. In Adrian Morgan is a British bas

The views and opinions expressed herein are those of the author only, not of Spero News.
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