As the furore over forced marriages continues to gain momentum in the UK, the government has announced its plans to clamp down on such unpalatable marriages by criminalising them.
Cultural sensitivity was driving the problem underground, ministers were hesitant to interfere in people’s cultural practices; but now the tide has turned. Britain’s Prime Minister David Cameron said on this topic last year:
“Forced marriage is abhorrent and little more than slavery. To force anyone into marriage against their will is simply wrong and that is why we have taken decisive action to make it illegal.”
Multicultural sensitivity is clearly no excuse for moral blindness.
The government and a number of women’s rights organisations have joined forces to grapple with the problem of forced marriages, where one or both participants are coerced into the marriage. The Forced Marriage Unit in the UK was set up in 2005 to support girls and women at risk. It reports an increase in cases during the summer holidays, when there is minimal chance of a child’s absence being noticed from school or college. Last year, the unit advised or supported in 1,485 cases, with 400 of these reports being received between June and August. Current statistics illustrated that 16 to 25-year-olds were most at risk of being forced into marriage, with the youngest being only two years of age and the oldest 71. However, it is feared that many more cases go unreported, due to an unwillingness to cause discord within families.
Forced marriages are a recurring practice across many cultures. The 1,485 cases known to the unit last year involved 60 different countries — Pakistan counted for almost half the cases, 11 per cent involved Bangladesh, 8 per cent India and the rest spread across other countries including Afghanistan, Somalia and Turkey. More than 80 per cent of the victims were female.
The UK coalition is raising awareness by issuing ‘Marriage: it’s your choice’ cards providing help and information for potential victims. Additionally, Karma Nirvana, a UK-based charity which runs a helpline for victims of forced marriages, and receives about 600 calls a month, has been encouraging potential victims travelling abroad to hide a metal spoon in their under-clothing which will trigger airport metal detectors. This will necessitate further searches, providing the opportunity to disclose that they are being forced into marriage.
Although forced marriages are not confined to Muslims alone, statistics show that the largest numbers of victims are Muslims and females. Forced marriages are a cultural legacy based on ignorance and have no roots in Islam. Islam is not inherently patriarchal, but has been diluted with cultural practices that have curtailed the role of women. Some feminists fail to distinguish between religion and culture and instead, discard Islamic theology as entirely antithetical to women’s rights and gender equality. Feminists such as Wafa Sultan and Ayan Hirsi Ali paint a misconstrued picture of Islamic societies, portraying them as completely misogynistic with forced marriages at the core of this misogyny. They believe that it is not misinterpretations of the Quran alone that lead to the oppression of women, but the Quran itself is oppressive.
On the contrary, consent of both parties is a prerequisite of the marriage contract. Prophet Mohammad (PBUH) said: “No previously-married woman should be married without being consulted and no virgin should be married without asking her permission.” There are examples of the Prophet (PBUH) giving women the choice to annul marriages where their consent was not sought. Sadly, patriarchal mores in many Muslim societies sometimes deny women this basic human right.
The question is, will criminalising forced marriages be a deterrent or will potential victims be ushered into silence? How many will want to sever ties with their families? There is already overwhelming anecdotal evidence that many young women suffer in silence in fear of causing dissension within the family. The Forced Marriage Unit has affirmed that the statistics represent the “tip of the iceberg”. Last year, a survey carried out by the Ashiana Network, a unit which supports victims of domestic violence, found that 19 of 20 women questioned said that if forced marriages were a criminal offence, they would not inform the authorities because they would not want their parents prosecuted.
What is the way forward?
While the government is correct in taking a stance against this heinous and inhumane act, it must also be understood that forced marriages are a deeply entrenched practice and will not end instantaneously. It is very important to respond to this with equanimity because it involves kinship and cultures where the authority of the family is overarching. Hence, there may be repercussions where victims may be ostracised by their families, which can be quite traumatic.
There needs to be a multilateral approach to resolve this complex problem. It is not just about criminalising the marriages; a change in attitudes and beliefs is required — a move from paradigms that are cultural to those that are Islamic. Education is the culminating factor that will end this horrendous custom. Not only do Muslim women need to be educated about their rights, but religious and community leaders must challenge the deep-rooted fallacies of the indigenous cultural traditions within Muslim communities.
Sajda Khan is a British writer and a doctorate candidate, researching the relevance of Islam in contemporary society. You can follow her on at www.twitter.com @SajdaKhanUK
