Forced marriage: Difference between revisions

[[Arranged marriage]]s were very common throughout the world until the 18th century.<ref name=jo2008>Jodi O'Brien (2008), Encyclopedia of Gender and Society, Volume 1, SAGE Publications, page 40-42, {{ISBN|978-1412909167}}</ref> Typically, marriages were arranged by parents, grandparents or other relatives. The actual practices varied by culture, but usually involved the legal transfer of dependency of the woman from her father to the groom. The movement towards the emancipation of women in the 19th and 20th centuries led to major changes to [[marriage laws]], especially in regard toregarding property and economic status. By the mid-20th century, many Western countries had enacted legislation establishing legal equality between spouses in [[family law]].<ref>{{cite encyclopedia|url=https://www.britannica.com/EBchecked/topic/201237/family/232344/Family-law#ref794409|title=family – kinship :: Family law|encyclopedia=Encyclopædia Britannica|access-date=10 July 2014|archive-url=https://web.archive.org/web/20140714213945/https://www.britannica.com/EBchecked/topic/201237/family/232344/Family-law#ref794409|archive-date=14 July 2014|url-status=live}}</ref> The period of 1975–1979 saw a major overhaul of family laws in countries such as Italy,<ref>{{Cite journal |url=http://www.europarl.europa.eu/RegData/etudes/note/join/2014/493052/IPOL-FEMM_NT%282014%29493052_EN.pdf |journal=Citizens' Rights and Constitutional Affairs |title=The Policy on Gender Equality in Italy |access-date=9 October 2015 |archive-url=https://web.archive.org/web/20150924004439/http://www.europarl.europa.eu/RegData/etudes/note/join/2014/493052/IPOL-FEMM_NT%282014%29493052_EN.pdf |archive-date=24 September 2015 |url-status=live}}</ref><ref>{{cite web |last1=Human Rights Council |title=United Nations, General Assembly |url=https://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session20/A-HRC-20-16-Add2_en.pdf |website=www.ohchr.org |access-date=7 October 2018 |archive-url=https://web.archive.org/web/20171001141421/http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session20/A-HRC-20-16-Add2_en.pdf |archive-date=1 October 2017 |url-status=live}}</ref>

In Europe, during the late 18th century and early 19th century, the literary and intellectual movement of [[romanticism]] presented new and progressive ideas about [[love marriage]], which started to gain acceptance in society. In the 19th century, marriage practices varied across Europe, but in general, arranged marriages were more common among the upper class. Arranged marriages were the norm in Russia before early 20th century, most of which were [[endogamous]].<ref>{{cite book |last=Hutton |first=M. J. |year=2001 |title=Russian and West European Women, 1860–1939: Dreams, Struggles, and Nightmares |publisher=Rowman & Littlefield |isbn=978-0-7425-1043-2 }}; see Chapter 1</ref> [[Child marriage]]s were common historically, but began to be questioned in the 19th and 20th centurycenturies. [[Child marriage in the United States|Child marriages]] are often considered to be forced marriages, because children (especially young ones) are not able to make a [[informed consent|fully informed choice]] whether or not to marry, and are often influenced by their families.<ref>

In Western countries, during the past decades, the nature of marriage—especially with regard to the importance of marital procreation and the ease of [[divorce]]—has changed dramatically, which has led to less social and familial pressure to get married, providing more freedom of choice in regard toconcerning choosing a spouse.<ref>

Forced marriage was also practiced by authoritarian governments as a way to meet population targets. The [[Khmer Rouge]] regime in Cambodia systematically forced people into marriages, in order to increase the population and continue the revolution.<ref name="Anderson_HB">{{cite book | last = Anderson | first = Natalae | chapter = Historical background | title = Memorandum: Charging forced marriage as a crime against humanity | chapter-url = http://www.d.dccam.org/Abouts/Intern/Natalae_Forced_marriage.pdf | pages = 1–3 | publisher = Documentation Center of Cambodia | date = 22 September 2010 | access-date = 8 January 2013 | archive-date = 20 October 2017 | archive-url = https://web.archive.org/web/20171020153617/http://www.d.dccam.org/Abouts/Intern/Natalae_Forced_marriage.pdf | url-status = dead }}</ref><blockquote>These marriage ceremonies consisted of no fewer than three couples and could be as large as 160 couples. Generally, the village chief or a senior leader of the community would approach both parties and inform them that they were to be married and the time and place the marriage would occur. Often, the marriage ceremony would be the first time the future spouses would meet. Parents and other family members were not allowed to participate in selecting the spouse or to attend the marriage ceremony. The Khmer Rouge maintained that parental authority was unnecessary because it "w[as] to be everyone's 'mother and father.'"<ref name="Anderson_HB" /></blockquote>

* 1215: [[Magna Carta]] banned forced marriage of widows in England.<ref>{{Cite web|url=https://www.legislature.mi.gov/documents/historical/magnacarta.htm|title=Magna Carta|website=www.legislature.mi.gov}}</ref>

* 1734: Sweden banned forced marriages.<ref>[{{Cite web|url=https://edepot.wur.nl/517335 |title=Family Influences on Fertility in Europe, 1850-1920]}}</ref>

* 1959: Iraq banned forced marriages.<ref>[{{Cite web|url=https://tspace.library.utoronto.ca/bitstream/1807/97061/1/Mohammed_Yanar_201903_MA_thesis.pdf |title=THEORIZING FEMINIST STRUGGLE IN POST-WAR IRAQ]}}</ref>

* 1962: Mali banned forced marriage.<ref>{{Cite journal|url=http://www.jstor.org/stable/27798322|title=The Attempt to Reform Family Law in Mali|author=Soares, Benjamin F.|year=2009|journal=Die Welt des Islams|volume=49|issue=3/4|pages=398-428398–428|doi=10.1163/004325309X12499944891284 |jstor=27798322 |via=JSTOR}}</ref>

* 1978: New communist government banned forced marriages in Afghanistan.<ref>{{Cite web|url=https://idl-bnc-idrc.dspacedirect.org/bitstream/handle/10625/31021/119547.pdf?sequence=1|title=Confronting Afghanistan’sAfghanistan's Security Dilemma}}</ref>

** Morocco banned forced marriages.<ref>{{Cite webnews|url=https://www.spiegel.de/international/world/interview-with-moroccan-islamist-nadia-yassine-our-religion-is-friendly-to-women-a-492040.html|title=Interview with Moroccan Islamist Nadia Yassine: 'Our Religion Is Friendly to Women'|newspaper=Der Spiegel |date=3 July 2007|via=www.spiegel.de}}</ref>

** GeorgieGeorgia banned bride kidnapping.<ref name="georgia"/>

{{cite news|url=http://uk.reuters.com/article/us-britain-marriage-idUKKBN0ER1MR20140616|title=UK makes forced marriage illegal as pursues campaign of 'British values'|work=Reuters UK|date=2014-06-16|access-date=11 November 2014|archive-url=https://web.archive.org/web/20141111215629/http://uk.reuters.com/article/2014/06/16/us-britain-marriage-idUKKBN0ER1MR20140616|archive-date=11 November 2014|url-status=livedead}}

In Islamic law, consent is needed for a valid marriage.<ref name=":1">{{Cite book|last=Black|first=E. Ann|title=Modern Perspectives on Islamic Law|year=2013|isbn=9780857934475|pages=130|publisher=Edward Elgar }}</ref> Islamic marriage is concluded (but not excluding the bride) between the guardian ([[wali]]) of the bride and bridegroom, not between bridegroom and bride but her permission is still necessary. and her wali, guardian, merely represents her.
The guardian (wali) of the bride can only be a free [[Muslim]].<ref name="Islam, New Edition p. 27">The Encyclopaedia of Islam, New Edition, Vol. VIII, p. 27, Leiden 1995.</ref> The wali has the power to initiate a marriage contract on behalf of a child before puberty, but once the child attains puberty he or she can accept or reject the marriage. The marriage contract can be annulled on grounds of coercion.<ref name=":1" />

[[{{interlanguage link|Balkissa Chaibou]]|ca| |es||eu||he|בלקיסה צ'איבו}} is known as one of the most famous activists against forced marriage in Niger. Chaibou was 12 when she was informed by her own mother that she was to be married to her cousin, and when she was 16, she took to the courts. With little success, Chaibou was forced to a women's shelter before she was finally able to go home where she learned of her parents changed views on forced marriage, that they were now against it.<ref>

During the [[Sri Lankan civil war|Sri Lankan Civil War]], a 2004 report in the journal ''Reproductive Health Matters'' found that forced marriage in [[Sri Lanka]] was taking place in the context of the armed conflict, where parents forced teenage girls into marriage in order to ensure that they do not lose their chastity (considered an increased risk due to the conflict) before marriage, which would compromise their chances of finding a husband.<ref>

{{cite news |url=http://www.huffingtonpost.co.uk/2013/11/05/muslim-girl-forced-marriage_n_4217206.html |url-access=subscription |title=Muslim Girl, 14, In Forced Marriage: Judge 'Powerless' To Help |work=[[The Huffington Post]] |location=UK|date=5 November 2013 |access-date=11 November 2013 |archive-url=https://web.archive.org/web/20131111150232/http://www.huffingtonpost.co.uk/2013/11/05/muslim-girl-forced-marriage_n_4217206.html|archive-date=11 November 2013|url-status=live}}

In July 2014, forced marriages were criminalised to protect individuals who were forced to marry against their will ({{lang-langx|sv|äktenskapstvång}}). The maximum sentence is four years.<ref>

Forced marriage may be practised among some immigrant communities in [[Canada]].<ref>{{citeCite web|url=http://www.salc.on.ca/SALCO%20-%20Who,%20If,%20When%20to%20Marry%20%20-The%20Incidence%20of%20Forced%20Marriage%20in%20Ontario%20%28Sep%202013%29.pdf|title=Maryum Anis, Shalini Konanur, and Deepa Mattoo, "Who – If – When to Marry: The INcidence of Forced Marriage in Ontario"}}</ref> Until recently,{{when|date=November 2023}} forced marriage has not received very much attention in Canada. The lack of attention has protected the practice from legal intervention.<ref name = "Reasons"/> In 2015, Parliament enacted two new criminal offences to address the issue.<ref>''Zero Tolerance for Barbaric Cultural Practices Act'', SC 2015, c 29, ss 9, 10.</ref> Forcing a person to marry against their will is now a criminal offence under the [[Criminal Code (Canada)|Criminal Code]],<ref name="laws-lois.justice.gc.ca">{{cite web|url=http://laws-lois.justice.gc.ca/eng/acts/C-46/page-160.html#docCont |title=Criminal Code, RSC 1985, c C-46, s 293.1 |publisher=Laws-lois.justice.gc.ca |access-date=29 September 2015}}</ref> as is assisting or aiding a [[child marriage]], where one of the participants is under age 16.<ref>{{cite web|url=http://laws-lois.justice.gc.ca/eng/acts/C-46/page-160.html#docCont|title=Consolidated federal laws of canada, Criminal Code|first=Legislative Services|last=Branch|website=laws-lois.justice.gc.ca|date=29 June 2021}}</ref> There has also been the long-standing offence of solemnizing an [[illegal marriage]], which was also modified by the 2015 legislation.<ref>{{cite web|url=http://laws-lois.justice.gc.ca/eng/acts/C-46/page-161.html#docCont|title=Consolidated federal laws of canada, Criminal Code|first=Legislative Services|last=Branch|website=laws-lois.justice.gc.ca|date=29 June 2021}}</ref>

In 2013, forced marriage laws were established in Australia; they have a maximum penalty of imprisonment for seven years.<ref name="autoruqiabbc">{{Cite web|url=https://www.bbc.com/news/articles/cx72ll7460vo|title=Mum jailed for forcing daughter into fatal marriage in Australia|website=www.bbc.com}}</ref>

In 2024, Sakina Muhammad Jan, a [[Hazara Australians|Hazara]] woman from [[Shepparton]], became the first person to be jailed under [[Australia]]'s forced marriage laws, after ordering her 21-year-old daughter Ruqia Hadari to marry a man who later murdered her.<ref name="autoruqiabbc"/><ref name="ruqiabc">{{Cite news|url=https://www.abc.net.au/news/2024-05-23/forced-marriage-shepparton-perth-guilty/103885642|title=Victorian mother found guilty of forcing daughter to marry man who murdered her|newspaper=ABC News|date=23 May 2024 }}</ref>

One internationally publicized and criticized instance of forced divorce occurred in Saudi Arabia in July 2005.<ref name="MWA">{{cite web |url=http://www.theamericanmuslim.org/tam.php/features/articles/muslim_womens_association_welcomes_saudi_reversal_in_al-timani_forced_/ |title=Muslimah Writers Alliance Welcomes Saudi Reversal in Al-Timani Forced Divorce Case |author=Aishah Schwartz |date=February 1, 2010}}</ref> Justice Ibrahim Al-Farraj of the first-instance court in [[Al-Jouf Province]] annulled ''in absentia''<ref name="Mubarak2006">{{cite news |newspaper=[[Arab News]] |url=https://www.arabnews.com/node/292513 |title=Sixth Month in Prison for Fatima and Child |author=Ebtihal Mubarak |date=December 20, 2006}}</ref> the nearly three-year-old marriage of Mansour al-Timani and Fatima `Azzaz in response to a complaint from `Azzaz's half-brothers that her husband's tribe had insufficient social status compared to hers; the brothers also said that al-Timani had misrepresented his background.<ref name="Murphy">{{cite news |newspaper=The National |author=Caryle Murphy |date=January 30, 2010 |url=https://www.thenationalnews.com/world/mena/couple-s-forced-divorce-overturned-after-complaint-by-wife-s-brothers-is-thrown-out-1.558374 |title=Couple's forced divorce overturned after complaint by wife's brothers is thrown out}}</ref><ref name="Karam2010">{{cite news |url=https://www.reuters.com/article/us-saudi-divorce-idUSTRE60U0P520100131/ |author=Souhail Karam |title=Saudi couple forced to divorce reunited by court |agencywork=Reuters |date=January 31, 2010}}</ref><ref name="MWA" /> Her half-brothers filed the lawsuit with [[power of attorney]] obtained from Fatima's father, who was her [[Wali (Islamic legal guardian)|male legal guardian]] while she was unmarried (and who later died). Al-Timani was not served the divorce papers until nine months later, in February, 2006.<ref name="Metro">{{cite news |newspaper=Metro |date=January 21, 2008 |agency=[[Associated Press]] |page=5 |title=Forced divorce by Saudi Court / Suicidal woman begs king for justice}}</ref>

`Azzaz gave birth to their son in detention the couple's forced separation.<ref name="Murphy" /> `Azzaz spent three months living with her mother and the couple's two children before sneaking off to [[Jeddah]] with Al-Timani, where they were arrested for living together as an unmarried couple.<ref name="Metro" /> `Azzaz was detained in [[Dammam Public Prison]] with both their children and then another Dammam facility described as an orphanage with her son because she refused to return to her mother's family under her half-brothers' guardianship.<ref name="Mubarak2007">{{cite news |url=https://www.arabnews.com/node/293804 |author=Ebtihal Mubarak |newspaper=[[Arab News]] |date=January 29, 2007 |title=Appeals Court Upholds Ruling in Controversial Fatima Divorce Case}}</ref><ref name="Karam2008">{{cite news |title=Couple forced to divorce by Saudi court appeal for help |agencywork=Reuters |date=May 25, 2008 |url=https://www.reuters.com/article/us-saudi-divorce-appeal-idUSL2559757620080525/ |author=Souhail Karam}}</ref> She feared being married off to a "more suitable" man,<ref name="MWA" /> As he was afraid they would be mistreated if sent to live with the brothers' family,<ref name="Mubarak2007" /> Al-Timani later gained custody of their daughter, but was repeatedly detained and warned not to talk to the media.<ref name="Karam2008" /> He said the first instance court had not asked the couple for its side of the story, that sharia law did not use tribal affiliation as a requirement for marriage, and that the brothers brought the case as part of an inheritance dispute.<ref name="Mubarak2006" /><ref name="Murphy" /> The [[Riyadh Court of Appeals]] (known as a [[Court of Cassation]]) upheld the annulment in January, 2007.<ref name="Mubarak2007" /><ref>{{cite web |url=https://www.hrw.org/reports/2008/saudiarabia0408/4.htm |title=II. Human Rights Violations Resulting from Male Guardianship and Sex Segregation |publisher=[[Human Rights Watch]]}}</ref> Authorities stopped letting the couple see each other after she gave an interview to [[Arab News]] in November, 2006.<ref name="Mubarak2007" />