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Without Consent - Forced Marriages

ABC 4 Corners 2012

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#1 sarib

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Posted 02 April 2012 - 10:52 PM

Without Consent

By Sarah Ferguson and Deb Masters

Updated April 2, 2012 10:31:00

http://www.abc.net.a.../four%20corners

What happens when young, educated, Australian-born girls are forced into unwanted marriages - often with relatives overseas?

Samia was just seventeen when her father announced he was taking her on a holiday overseas. But this was a holiday with a difference. Back in the family's village in rural Pakistan, Samia watched in horror as the local Imam walked in ready to conduct her marriage to her first cousin - without her consent. With pressure from her extended family, she was given papers to sign and threatened.

Returning to Australia, Samia sought help from local religious authorities in Sydney - but they ignored her and told her to accept the marriage.

For the first time young women, the victims of forced marriages, are speaking out - without disguise and despite the risks of backlash from their communities. Are these women entitled to the same protection as other Australian girls?

The Government thinks so; in fact they are so concerned they are introducing criminal legislation to ban forced marriage. However, outspoken members of Australian migrant communities say it is their responsibility to stop the practice and the men who enforce it.

It's not only women who experience force or coercion to push them into marriage. It happens to men too, often with disastrous consequences. Reporter Sarah Ferguson tells the story of one young woman who agrees to marry a man chosen by her family. What she doesn't know until after the marriage is that he married her under duress. The relationship then descends into a spiral of alcohol and violence.

"Without Consent", reported by Sarah Ferguson and presented by Kerry O'Brien, goes to air on Monday 2nd April at 8.30 pm on ABC1. It is replayed on Tuesday 3rd April at 11.35pm. It can also be seen on ABC News 24, Saturday at 8.00pm, on iview or at abc.net.au/4corners.

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VIDEO: Interview with Farida Sultana, Shakti Community Council (Four Corners)

VIDEO: Interview with Afroz Ali, President of the Al-Ghazzali Centre (Four Corners)

VIDEO: Interview with Najeeba Wazefadost, Afghan Community Spokesperson (Four Corners)

http://www.abc.net.a.../29/3466537.htm
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#2 sarib

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Posted 03 April 2012 - 01:42 AM


Forced marriage banned under Islam, says Muslim scholar


BY:STEPHEN LUNN, SOCIAL AFFAIRS WRITER From:

The Australian April 03, 2012 12:00AM

Pakistan-born Muslim scholar Tariq Asadullah Syed, in Brisbane yesterday, says forced marriages are a cultural issue and are not condoned under Islam. Picture: Lyndon Mechielsen Source: The Australian

http://www.theaustra...x-1226316912582


FORCED marriages are a cultural, rather than a religious, issue and education, not legal change, is the key to enlightening parents who still believe that coercing their children into marriage is acceptable, a leading imam said yesterday.

As the Gillard government moves to strengthen the criminal laws surrounding forced marriages, Muslim scholar Tariq Asadullah Syed said that while some Muslim parents might propose a match for their child, it is left up to that child to act on their parents' recommendation.

Such a system was no different to many other religions across Asia, he said.

Dr Tariq, a Pakistan-born Queensland imam and religious scholar, said some Muslim children were tending to confuse the notions of forced marriage and arranged marriage.

"I think this matter has been twisted a lot. It is important not to mix up the situation in some ethnic cultures, particularly in rural areas, and in the Islamic religion generally," Dr Tariq told The Australian yesterday.


"There are some ethnic regional issues both in Pakistan and India, even Iran and China, where education is not strong," he said. "But it's important not to mix up these cultural issues with the values of Islam, which is that parents can't enforce marriage on their child."

The ABC's Four Corners program cited several cases of young girls living in Australia being forced into unwanted marriages in Pakistan.

Another Islamic leader, al-Ghazzali Islamic Centre president Afroz Ali, said the pressure on the child to accept the marriage was in many cases heavy.

"I have seen situations where people have been coerced, that if 'you do not marry such and such a person we will cut you out of the family'," Mr Ali told Four Corners.

"In some cases they would be taken back to their land, the land of the father or the mother, for example, and potentially, you know, threatened with not only physical violence, but potentially fatalities and murder."

Attorney-General Nicola Roxon yesterday said she would introduce laws to make forcing someone into marriage illegal, saying it was difficult to know how many young women were being placed in this situation because it happened behind closed doors.

"Duress, violence and intimidation is not an acceptable way to get a young woman's consent to marriage," Ms Roxon told the ABC.

"It will be a part of the Crimes Act that deals with trafficking of people, sexual offences and others," she said.

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#3 fawzia

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Posted 03 April 2012 - 10:01 AM

what an eye opener!...i kept asking myself how? how? how? In samias case and the case of the three sisters being a muslim - If you call yourself a muslim then How? How can a parent do this hidious crime, what happened to the sunnah?

I guess i can answer my own question....Culture is yet to be blamed....again...however, it is Islam that suffers the consequenses. :(
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#4 DancesWithChairs

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Posted 03 April 2012 - 01:36 PM

......what an eye opener!...i kept asking myself how? how? how?



Because the parents will claim they are acting in accordance with Islam.

And if the couple ever come to Australia their marriage will be recognised by other Muslims.

The solution is that the "other Muslims" report it to the Australian authorities.

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#5 sarib

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Posted 03 April 2012 - 01:43 PM

Because the parents will claim they are acting in accordance with Islam.

And if the couple ever come to Australia their marriage will be recognised by other Muslims.

The solution is that the "other Muslims" report it to the Australian authorities.

.


Never miss an opportunity to keep blaming the muslims,

Did you get anything out of the4C report, Mr non muslim critic expert?
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#6 Sibawayh

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Posted 03 April 2012 - 07:39 PM

what an eye opener!...i kept asking myself how? how? how? In samias case and the case of the three sisters being a muslim - If you call yourself a muslim then How? How can a parent do this hidious crime, what happened to the sunnah?

I guess i can answer my own question....Culture is yet to be blamed....again...however, it is Islam that suffers the consequenses. :(


It happens a lot, more than what people are aware of. I am very familiar with one particular case where the girl had to leave home in duress to escape her fate of being married off to somone from Pakistan.

This kind of issues are not being addressed by the imams. This person that I mentioned went to a few well known Shuyukh in Sudney, all of whom told her to return to her parents and accept her fate. What utter rubbish. From that day onwards, I had lost a lot of trust and respect for those so-called leaders and still do to this day.

I am glad Sidi Afroz helped out that sister. May Allah reward him immensely for that. She deserves better.

Because the parents will claim they are acting in accordance with Islam.

And if the couple ever come to Australia their marriage will be recognised by other Muslims.

The solution is that the "other Muslims" report it to the Australian authorities.

.


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"Other Muslim" some of whom take the issues in their own hands and deal with the problems like Sidi Afroz did. I also know of other people who have helped out sisters in those sorts of situation. As mentioned in the Four Corner's report, this is not a religious practice rather a cultural practice that is not in conformity with Islamic law.
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إذا كان هذا كافرا جاء ذمه
وتبت يداه في الجحيم مخلدا
أتى أنه في يوم الإثنين دائما
يخفف عنه لسرور بأحمد
وما الظن بعبد الذي طول عمره
بأحمد مسرورا و مات موحدا


#7 pepe

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Posted 03 April 2012 - 07:43 PM

isnt consent one of the conditions of a valid marriage?
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#8 furry_animal

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Posted 03 April 2012 - 10:06 PM

isnt consent one of the conditions of a valid marriage?



Yes, but it depends upon who's consent is required, which is itself a function of the circumstances of the particular situation.

These circumstances pertain to the virginity of the (potential) bride and the particular guardian of the (potential) bride.

Quoting from ‘Umdat as-Salik wa 'Uddat an-Nasik: (Reliance of the Traveller):


M3.13: Guardians Who May Marry a Virgin to a Man Without Her Consent

Guardians are of two types, those who may compel their female charges to marry someone, and those who may not.

-1- The only guardians who may compel their charge to marry are a virgin bride's father or father's father, compel meaning to marry her to a suitable match (def: m4) without her consent.

-2- Those who may not compel her are not entitled to marry her to someone unless she accepts and gives her permission.

Whenever the bride is a virgin, the father or father's father may marry her to someone without her permission, though it is recommended to ask her permission if she has reached puberty. A virgin's silence is considered as permission.

As for the nonvirgin of sound mind, no one may marry her to another after she has reached puberty without her express permission, no matter whether the guardian is the father, father's father, or someone else.

No guardian may marry a woman to someone who is not a suitable match (def: m4) without her acceptance and the acceptance of all who can be guardians (def: m3.7). If the Islamic magistrate is her guardian, he may not under any circumstances marry her to someone who is not a suitable match for her.

If the bride selects a suitor who is not a suitable match for her, the guardian is not obliged to marry her to him. If she selects a suitable match but her guardian chooses a different suitor who is also a suitable match, then the man chosen by the guardian takes precedence if the guardian is one who may lawfully compel her to marry (def: m3.13(1) ), while the one she selects takes precedence when the guardian may not lawfully compel her to marry (m3.13(2) ).
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#9 furry_animal

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Posted 03 April 2012 - 11:46 PM

In response to the status update by Fatboymuslim quoted below:

"kafir trolls should not think they are too smart by thinking they can answer a muslim's question on islam by quoting translations of islamic texts where english words won't always do justice to the message or the arabic. islamic knowledge is gained at the feet of scholars, not by reading pdf files. a kafir who doesn't even believe in tawheed, and basic 'aqaid, and after that the underlying usul behind a statement in a fiqh text, is *never* a source of knowledge on islam - *eve.

Al-Azhar University has certified the following about the 1991 translation by Shaykh Nuh Ha Mim Keller of the 14th century classical manual of fiqh, from which I quoted above:

"We certify that the above-mentioned translation corresponds to the Arabic original and conforms to the practice and faith of the orthodox Sunni Community (Ahl al-Sunna wa al-Jama`a). There is no objection in printing it and circulating it."

If you don't believe me, turn to page xx of your own copy FBM - which as an informed muslim I am sure you have.

If you dispute the view of Al-Azhar University then please share it FBM, myself and others here would be no doubt interested.
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#10 akedkaran

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Posted 05 July 2012 - 07:05 AM

There are both pros and cons to forced marriages, personally I don't see a problem with it unless the one being married has a problem with it. If they are not ready then there should be an obligation of the parent to explain and teach their child why being married will be good for them. One can be easily influenced by society today and how hard it is for people - especially online - to find a loyal wife or husband; many people nowadays are visa thieves, unfamiliar or untrue to Islam, and many young adults do not know how to handle a marriage/children appropiately because of society around the world today.

When there comes a problem where the child does not want to marry, then there is nothing the parent can do except try to influence him/her. The child should have a legit reason why not to marry, otherwise they may seem corrupt as individuals in society today... like those who don't value life. I am not trying to blame them for not wanting to marry, but there are always other complex explainations why parents want their child to marry whoever they should choose. One being the child's duty to show their respect and love for their parents. I have read some posts by individuals on Muslim matrimonial sites explaining how hard it is to find a good spouse that also meets the specific requirements they see in someone's heart and soul. In today's society we become more and more complex, where many of us feel the obligation to keep Islamic cultures in practice - one of them being arranged marriages. Many parents see this as disrespect to Islam whoever should disagree to an arranged marriage, but parents should realise that in today's society - if the child is not ready or disagrees - it may have a big impact on their future if they should marry because of how society affects them today. A lot of marriages go through but end in a short period of time because many young Muslims are unfamiliar with the beliefs of Islam, making their connections weak in marriage. This thought is coming from me who learns something new everytime they read a single post on a forum.

Summary:
Why Arranged Marriage can be a Good thing:
1. If the child-parent relationship is strong, they will feel the obligation to impress their parents with a long-lasting and successful marriage.
2. Partners who can be trusted will be married, where in today's society is a very good thing considering all the visa thieves, untrue individuals of Islam, etc.

Why Arranged Marriage can be a Bad thing:
1. If the child-parent relationship is weak, then the child will almost always feel controlled by the parent and therefore uncompfortable/hateful which will obviously weaken the marriage/parent relationships.
2. Many young Adults have not learned how to handle marriage/children in their past experiences subconsciously and/or through action.
3. Parents do not recognise their obligation in today's society to teach/influence their child for an arranged marriage.

I'm sure there are (a million) more reasons in both Pros and Cons, but I tried to outline most of them.
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