Islamic law is an important branch of Islamic jurisprudence that regulates the marital relations in a Muslim society. Its importance can be judged from the fact that the Muslim jurists consider preservation of family unit among the five basic objectives of shariah. It is pertinent to note here that the legislators in Muslim countries, under the influence of western notions of human rights and gender equality, have introduced many reforms in the family laws with a view to harmonise the traditional principles of Islamic family law whereas Islam has provided us a ready-made charter and code of life. The need is just to implement and follow that natural way of life. Conflicts arise when we try to implement the western style in our society which has strong roots in religious and cultural norms.
Islamic law requires that the parties of a marital contract should possess discretion, understanding, real consent and puberty. It is being witnessed all over the world and in our society too that the delayed marriages are causing a number of problems. After attaining puberty, a girl has a right and full authority to contract a marriage. But due to the coercive attitude of guardians and financial instability, the marriages are being deferred. It is a mandatory principal in our religion Islam that every girl/woman has a right to marry with her free will/consent. The right is also given to girls/women that they can even repudiate the marriage if arranged forcefully and with coercion without the consent of a girl/woman.
In spite of these explicit conjunctions of Islam, the guardians of girls are restraining their fundamental, legal and religious rights. Our society treats a girl as rebel, shameless and impudent if she reveals her liking. There are no defined and proven criteria or research that every arranged marriage will be successful and every love marriage will face failure. Keeping in view the authorities entrusted upon the marital partners, I consider forced marriages as an arranged rape. Why do parents, guardians or elders force their offspring into a marriage that doesnt involve the free will of either one or both life partners? If the practice of forced marriages is wrong, then why an equally deterrent punishment should not be awarded for this crime?
MUHAMMAD WASEEM ELAHI
Islamabad
