Forced marriage affects numerous communities within the UK and has far-reaching effects for individuals and wider society. This chapter seeks to address this issue from an Islamic jurisprudence standpoint to assist victims in particular Islamic communities in moving away from traditional mediation. It provides a comparative-contrastive account of key discussions between Muslim jurists (fuqahā’) from the four Sunni schools of law regarding coercion of prospective brides (ikrāh) and its effect on the marriage contract. However, it pays particular attention to the Hanafi school of law’s position and ways in which its jurists’ reasoning dissents from the majority of Sunni jurists. The chapter uses these discussions to explore the effect of coercion (ikrāh) and the pivotal issues of consent (riḍā) and choice (ikhtyār). It also considers recent UK legislation and established personal status laws in several Muslim countries. The chapter concludes with the argument that forced marriage is incompatible with the objectives of Islamic law and has no reliable basis in its sources, highlighting that the function of the guardian (walī) is to protect the interests of the ward rather than to exercise authority over those under his guardianship. I suggest that victims of forced marriage in the UK should be able to seek annulment via the courts rather than traditional, community-based, non-enforceable mediation.

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Coercion, Consent and Choice: Islam and Marriage

  • Aisha K. Gill

摘要

Forced marriage affects numerous communities within the UK and has far-reaching effects for individuals and wider society. This chapter seeks to address this issue from an Islamic jurisprudence standpoint to assist victims in particular Islamic communities in moving away from traditional mediation. It provides a comparative-contrastive account of key discussions between Muslim jurists (fuqahā’) from the four Sunni schools of law regarding coercion of prospective brides (ikrāh) and its effect on the marriage contract. However, it pays particular attention to the Hanafi school of law’s position and ways in which its jurists’ reasoning dissents from the majority of Sunni jurists. The chapter uses these discussions to explore the effect of coercion (ikrāh) and the pivotal issues of consent (riḍā) and choice (ikhtyār). It also considers recent UK legislation and established personal status laws in several Muslim countries. The chapter concludes with the argument that forced marriage is incompatible with the objectives of Islamic law and has no reliable basis in its sources, highlighting that the function of the guardian (walī) is to protect the interests of the ward rather than to exercise authority over those under his guardianship. I suggest that victims of forced marriage in the UK should be able to seek annulment via the courts rather than traditional, community-based, non-enforceable mediation.