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more info on children being forced into marriage under Shariah law

Posted on | October 26, 2013 | No Comments

Middle East

A 2013 report claims 53% of all married women in Afghanistan were married before age 18, and 21% of all were married before age 15. Afghanistan’s official minimum age of marriage for girls is 15 with her father’s permission.[90] In all 34 provinces of Afghanistan, the customary practice of ba’ad is another reason for child marriages; this custom involves village elders, jirga, settling disputes between families or unpaid debts or ruling punishment for a crime by forcing the so-called guilty family to give their 5 to 12 year old girls as a wife. Sometimes a girl is forced into child marriage for a crime her uncle or distant relative is alleged to have committed.[91][92]

In Iran, girls may marry at 13 and boys at 15, and children under 10 may marry if their guardian approves it. According to a 2013 report, about one million children, including those under age 10, are married every year. About 85% of these married children are girls. As in Pakistan and Afghanistan, in some cases, girls are married to settle disputes between families.[93]

Over half of Yemeni girls are married before 18, some by the age eight.[94][95] Yemen government’s Sharia Legislative Committee has blocked attempts to raise marriage age to either 15 or 18, on grounds that any law setting minimum age for girls is un-Islamic. Yemeni Muslim activists argue that some girls are ready for marriage at age 9.[96][97] According to HRW, in 1999 the minimum marriage age of fifteen for women was abolished; the onset of puberty, interpreted by conservatives to be at the age of nine, was set as a requirement for consummation of marriage.[98] In practice “Yemeni law allows girls of any age to wed, but it forbids sex with them until the indefinite time they’re ‘suitable for sexual intercourse”[94] As with Africa, the marriage incidence data for Yemen in HRW report is from surveys between 1990 and 2000. Current data is difficult to obtain, given regional violence.

In April 2008 Nujood Ali, a 10-year-old girl, successfully obtained a divorce after being raped under these conditions. Her case prompted calls to raise the legal age for marriage to 18.[99] Later in 2008, the Supreme Council for Motherhood and Childhood proposed to define the minimum age for marriage at 18 years. The law was passed in April 2009, with the age voted for as 17. But the law was dropped the following day following maneuvers by opposing parliamentarians. Negotiations to pass the legislation continue.[100] Meanwhile, Yemenis inspired by Nujood’s efforts continue to push for change, with Nujood involved in at least one rally.[101]

The widespread prevalence of child marriage in the Kingdom of Saudi Arabia has been documented by human rights groups.[102][103] Saudi clerics have justified the marriage of girls as young as 9, with sanction from the judiciary.[104] There are no laws in place defining a minimum age of consent in Saudi Arabia, though drafts for possible laws have been created since 2011.[105]

Research by the United Nations Population Fund indicates that 28.2% of marriages in Turkey — almost one in three — involve girls under age 18.[106][107]

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