Forced Marriage..

Forced Marriage is the name of the process that forces a person to marry a certain another by exercising various forms of emotional, psychological or physical suppressions. Although the term is used to describe female or male victims, but commonly, females are the victims or involuntary spouses. The Human Rights charter by the United Nations; condemns this practice, as marriage should express freedom and autonomy of any individual. History tells that “Forced Marriage” was a custom in Europe till Nineteenth century, which ended by loud rejection from Catholic Church as grounds for annulment.

Historically, “Marriage by Capture” was practiced in ancient cultures throughout the Mediterranean area. It is represented in mythology and history, and interpreted in many paintings and illustrations. The practice was not only a product of war captivity or a plotted abduction, but sometimes was elopement or conspired by the bride’s family..!! Some early roles in Rome had annulled Forced-Marriages and punished the bride if consented while in captivity..!! Historically, most of the Balkan had known the Marriage-by-Capture, which paved the sores of mutual forcible ethnic cleansing in the last four centuries.

As a matter of fact, the Muslim communities are currently known for practicing many forms of Forced Marriages; due to complex social and economic reasons. The demise between Forced and Arranged Marriages is very indistinct, and subject to wide debates, particularly in UK and Indian Subcontinent. Therefore, in this paper Arranged-Marriage will be considered as Forced-Marriage, as usually associated with some sort of suppression.

The common types of Forced Marriages

The softest form of Forced-Marriage was known among many oriental societies in the Old World; which is practiced among the cousins, even prior to their berth. However, we cannot fully condemn the practice of “Cousin-Marriage”, as during the grow-up years, both female and male are inspired by the family verdict, and build up their emotional closeness and attachment. Most cases of this type of marriage were and still successful; however it is not recommended for its vulnerability to genetic disorder. 

Some Cousin-Marriages are imposed on grown up cousins; which vary by how patriarchic the family structure. Arabs and Africans are the most who extensively practice the “Grown-Cousin-Marriage”. This is driven by family and social interests. It is commonly associated with factual incompetency between the couple, and often ends with divorce or traumatic psychological disorder or instability.

“Marriage-by-Abduction” is known in some areas in Central Africa, Central Asia, Central America and South East Asia. Apparently is practiced till date, among communities of different beliefs and ethnic origins. The whole concept is driven by social and economic factors that are inherited along the centuries. The main element is stamping a female with kind of stigma that forces her and her family to consent marriage to a particular male. This practice could include rapping the female, while authorities are reluctant to enforce prosecuting the kidnapping grooms. Muslims in these communities are distinct by issuing ceremonial Apology to the female’s family, once granted her and their consent on the marriage. Also, they maintain the other details of Islamic marriage, and its obligations.

In Caucasus and Central Asia; fair number of females between 15-25 years old is kidnapping targets for marriage. A male would plot for the action, with the help of his relatives and friends. The abduction sometimes ends by holding the female over night or rapping her. In both cases she is stigmatized enough to consent the marriage. Then; her family will be notified that she is the chosen wife. Her family often expresses their consent on the de-facto verdict, avoiding the social stigma, and a formal wedding ceremony takes place. However, usually the groom is not unemployed nor criminal, but capable to afford a decent living; otherwise, no one would assist in his traditional offense..!!  On the contrary, in Central America, China and Central Africa, the grooms are usually poor, less-socially-desirable mates, or even criminals. Also, the Roma (Gypsy) are known of this practice with lots of serious implications that widespread women trafficking throughout Europe.

“Arranged Marriage” was known everywhere and along the history. It was practiced in all social levels; Kings to form political alliances, and Peasants to increase hand-power. This type usually takes one of two forms; either though a Matchmaker or between the elders of two close-families, where both Bride and Groom has little to influence the consent. The practice dominates the Indian subcontinent in particular. It is the contrary to “Love Marriage” which is fast-growing phenomenon among new generations. Among conservative communities of Africa and Arabia, the same is practiced and well accepted; as open communications among sexes are often limited.

Today; the practice of Arranged-Marriage is commonly known among the Pakistanis in their British Diaspora; which is considered as a back-door opportunity for immigration. British and American citizens of Indian-Subcontinent origins are mostly forced-by-families to exercise the Arranged Marriages. In the last couple of years, both public and government concerns were built up to confront the tragedies and legal consequences of increased divorce or annulment resulted from failed Arranged Marriages.

Arranged-Marriage is usually practiced in “Bi-Racial “or “Inter-Racial” forms, which respectively represent political down to economic reasons. The negative impact; particularly in the rural areas; is the widespread of “Child-Marriage” which is banned by most governments.

The praised form of Forced-Marriage is practiced in many parts of the world; which generally meant to legitimize the birth of an out-of-wedlock pregnancy; by forcing the subject couple to officially marry. In the new world, it was called a “Gun-Shot-Marriage”; as the groom is forced to formally wed his accessory-female under threat of guns. If the male participant of such pregnancy was not identified or escaped, many families particularly in traditional communities in Africa, Asia and Middle East exercise the “Honor-Killing” on the female participant. The Japanese practice the “Gun-Shot-Marriage”, but without such typical violence; but in a humorous manner..!!

“Compensation Marriage” stills in practice in some rural areas in parts of Africa and Asia. Usually; it is meant to resolve fraud or tribal issues; where the young girls are given away as Brides, against some financial debts or social burdens. The Brides are sometimes as young as 10 years old, which raises the concerns and opposition. This practice is well known in Tribal-Controlled areas in Afghanistan, Pakistan, Sahel of Sub-Saharan Africa, and Western China. Lately, a 9 years old Yemeni girl was the media focus in her case that was annulled by court due to public campaign.

It is called “Rehabilitation Marriage”, when the consensually abducted bride would consent marriage to her abductor or perpetrator. This was commonly known in conservative Italian Sicily, among teenagers in particular, as a way to impose their discretion on their families though false abductions. There is no doubt that such type is an option in all conservative communities; which became on the cultural edge between their restricted heritage and modern urbanism.

Islamic views on Forced Marriage can be summarized in:

Marriage is always a scared institution and guarded by various roles and obligations. Among all ceremonies in Humane Culture; only Marriage and Death have the most concern and focus of social, legal and political structures. This is a worldly phenomenon; regardless of monotheism, polytheism or atheism beliefs. Simply, they both mark beginning and end of life. Therefore, Religions had set many guidelines on marriage processing, and maintained by ruling the details. Breeding is a main purpose of marriage; which had drawn the parameters on authority, conformity and obligations.

Generally, all ancient nations have great appreciation of the intact virginity of girls and unmarried females. It is a typical implementation of anti-adultery parameters that are usually preached by most religions and codes of ethics. For practical reasons, these parameters are easy to impose on females rather than males. Inevitably; this male-advantage has cracked the societies for centuries; creating most social indecencies, psychological disorders and naughty practices. The Western-Hemisphere’s trends of pragmatism, individualism and personal independence had encouraged the young generations in the orient to downgrade the virginity concept, which is notably cheered by young males as a modern urbanism. Media and public steering are not only short to confront the trend; but also preach for it in various yet covert venues..!!

Typically; Muslim-females are mostly grown up in conservative societies; with great concern on their virginity. Subsequently; they have learned to hold their sexuality till getting married. On the contrary and in violation of Islamic code of ethics; Muslim-males are lift with discretion ruled by their religious up-holding. Such imbalance is the concern of all Muslim social workers. The paradoxical concepts that widely practiced among Muslims are influenced by the indigenous populations who constituted the majority of early believers in Middle East and Central Asia. Islamic gender culture did not permit any sexual freedom for males, and discourage any indecent practices. Nevertheless, Islam always affirms that both sexes are obliged to maintain non-adultery till getting married.

Early Islam had advised its followers to avoid the bi-racial marriages that discrete cousins, or relatives; recommending both interethnic and intercultural marriages. Later it is scientifically confirmed the health vulnerability and genetic disorder of bi-racial marriages. Notably, the early adherence to such guidelines had enabled the expansion of the Muslim-State and the spread of the religion as well. Nevertheless, the early Muslims were more comprehensively Muslims, as fresh and enthusiastic to the philosophy and implementations of Islam.

Islam had set framework for social conduction that secures the community to orderly function, and enable the individuals to seize fair opportunities to prosperity and comfort. The backbone of the Islamic belief is only served when believers are free from suppression, distortion or disarray. In other words; setting the people are free from any emotional or psychological stresses that would allow the evil domination on their well and intensions. Typically, the complex instincts and desires associated with marriage envelope, are the most serious to affect both primary and accumulated behaviors. Therefore, Marriage has to be in a positive form that adds value to both living and religious contentedness.

Accordingly, it is clear that Islam supports all forms of marriage that are broadly soft, peaceful and cheered, rather than those would leave emotional hurts in any form:

Both Bride and Groom have full freedom to accept or reject proposals. Families and elders are supposedly to elaborate the matching and advise the consensual consent. Muslims are advised to seek earlier marriage, which is proven healthier, and requires close support and incubation.

Arranged Marriage is acceptable subject to the free will of both Bride and Groom. This reads the interests of families, and enables success; if associated with fair assessment and consent.

Despite the fact that early Arabs had known and practiced the early-puberty or adolescence marriage, it is not compulsory as related to levels of socio-cultural set-up and psychological readiness. The fact that many Muslims practice the same. cannot be used to condemn Islam for the same. Muslims were clearly guided to adapt their living practices as per their timely knowledge and suitability.

A common Islamic ruling tells that Forced Marriage or forged consent of Marriage, if proven; imminently annuls the marriage, and prosecute who conspire for it.

Abduction in peace time is an act of “Hirabah”, which means piracy or act of unlawful warfare; is the most punishable crime in Islam. The judge would choose one of four sever sentences: execution, crucifixion, limbs amputation or exile. These extreme punishments were meant to abort the perpetration; which is evilly inspired.

Compensation Marriage is Slavery if committed to an under-aged female, or Forced Marriage if committed to an adult. Slavery is not cheered for Muslims to practice, and prohibited if done to a Muslim by another Muslim.

Both Gun-shot and Rehabilitation Marriages are deemed to be social reconciliation apart from the punishment on unlawful consensual act between the couple.

Early Muslims were familiar with “Love Marriage”, which was mostly triggered by males who happened to feel the chemistry towards a particular female. Certainly; circumstances that would lead to such a meeting event, are various and shall always be within the Islamic code of ethics. Also, a Guardian or Wali would approach a chosen male to propose his daughters for marriage; subject to an arranged occasion in presence of family, enabling the couples to sense the needful chemistry. Affirming the existence of such personal appeal or chemistry was guidance to process marriage.

Many wrongdoings are committed in the name of Islam, due to poverty, illiteracy and backwardness spreading among most of Muslim communities. This should not be examined as true interpretation of the religion. Islam is based on sophisticated logic and respect of intellectual and emotional integrity of the believers. However, a commonly repeated phenomenon in all underdeveloped nations; that paradoxes and controversies are ruling. Educated Muslim elites have a great mission to transmit the True Islam to their natives, and preach for the adequate lawfulness. No righteous act can be performed without a referral; therefore, the dilemma among Muslims is either an absence of reliable and visionary religious leaders or a hesitant intelligentsia due to the mightiness of religious institutions and their mighty power of Inquisition..!!

Slavery..

Slavery is the process of stripping a person of the free will on his or her own existence, and legally surrendering it to another. There is no record on how such a process took place in history, yet it was associated with general exercise of mightiness against weakness. Most of the ancient tribes, principalities and states had known this practice, which was organized, legalized and regulated as well. Generally, the ancient civilizations had been built on drastic sweat, tears and bloods of their slaves; whom without, great doubts would be achieving concurrent conclusive legacy of Mankind.

 The oldest legal document; Code of Law (1760BC) Issued by the sixth Babylonian king, Hammurabi; had included about 34 clauses related to slavery out of its 282. This mathematically means that about 13% of activities were slave-related. In ancient Greece, most of the households had at least one slave, while 25% of the populations of Roman Empire were salves. As this practice was dominated by military offensives, almost no racial group was free from being enslaved in some point of time.

The so-called “Blue-Blood Dynasties” had their distinction not only for the un-tanned skin, but also as belonging to a slave-free heir. The Spanish-originated phrase could be traced in 35 languages between Spain and Philippines. Among tan or dark skin peoples in Americas, Africa and Asia; other phrases are used to serve the same meaning. Interestingly, only Arabic literature is void from such an ethnic segregation, as their nobility was conventionally driven by wealth not blood. Later, Arabs and Muslims start to distinct kinships related to the Prophet pbuh and his Rightly-Guided Caliphs. Certainly; more specialized researches in folklore, linguistics and anthropology would reveal the depth of the concept, and enable answering the relevant nobility of religious ancestries.

Generally, slavery was defined in four groups; war captives, forced labor, merchandized, and by born. Emancipation was usually driven by civic rulings, religious abolition or terms of emancipation. War captivity was the principle slavery resource; which was permanent or temporarily, based on conditions of emancipation. Both sex slavery and debt slavery are sub-groups of forced labor, which sometimes being initiated by a person to be enslaved or by his family-bread provider. While slave trade was formal business in most of the history, by born slavery varies as per cultural or religious attributes.

Throughout history, laws and customs had regulated processing ownership, inheritance, obligations and permissions of enslaved people and their owners. The complexities of urbanism in particular, had added more sophistication and details to the slavery code. However, both intent and grouping had never been affected by these details, which contrarily and notably had contributed to the slave trading and volume. This can answer the question on derivatives that globalized the slave trade across particular centers. Since 1600th BC, it was great business chronologically in Egypt, Greece, Rome, Tunisia, Yemen, Iberia, Netherlands, Tanganyika, Turkey, and Haiti; which ended in 1800th AD.

Islam had been called for in Arabian Peninsula in 600^th AD, where the slavery issue formed a corner stone in its publicity, and eventually dominated reasonable amount of early legislations and guidelines. The slave motorized society in early days of Islam would require elaboration on managing the matter, within its cultural and regulatory contexts. This is no different from the same on earlier religions, which had differently addressed legal, social or economic foundations of slavery.

 Then, what were the historical spots of slavery?

Despite the fierce debates, the modern scientific dialectic had dropped the “Curse of Ham” as Jewish justification of enslavement of both Canaanites and Black African. Despite the complex laws and guidelines, Judaism is distinct by permitting Permanent Slavery, Parent Perpetration and Fixed Term slavery. Also, distinction between Israelites and non-Israelites slaves had driven the Jewish regulations. The Old Testimony had treated the salves as extension to the family, allowing them to celebrate and perform their religious rituals and duties.

Both pro-slavery and abolitionism Christian advocates have found justification in the paradox between Old and New Testimonies. The ancient strong Christian states had to permit slavery to maintain and sustain their economic gears, with less intension to both religious and philosophical arguments. During that time, one third of the population was slaves. The New Testimony had clearly urged Christians to treat slaves as brothers, while condemning the practice of slavery. Christian Europe had suffered the Barbarian wars in the Middle Ages, which resulted in the first institution of slavery named “Serfdom”. This was new socio economic system that bond un-free peasants to the farming land. This system was common all over the Feudalist continent till early 1900^th AD, and had inspired the Collective Farm system throughout the communist hemisphere.

Slavery in multi-caste India was complicated due to various ideological, religious and socio economic patterns; which some stills valid till date. The interpretation of the concurrent term of slavery was not practiced in ancient India, as forced labor was an economic trend rather than a social one. From 500 BC till 1200 AD, various forms of enslavement and their legal and statutory implications were observed. Arabs’ capture of Sindh in 700^thAD had brought their known slavery practice, which marked the spread of Indo-ethnicities in Arabian Peninsula, Mesopotamia, Levant and Central Asia. Turko-Afghans, Arabs and Persians had begun to massively trade the Indian slaves in 1000^th AD, following the Muslims’ victorious invasion and full control of the subcontinent. Notably, this control had notoriously contributed to phenomenon of “By-Sword- Conversion”; which lift unhealed wounds in Indian society. Portuguese and Dutch had traded heavily in Indian slavery, till the issuing of Indian Slavery Act in 1843 AD, which affected the lives of nearly 9,000,000 slaves in the subcontinent. Today, the subcontinent has more than 20 million, mostly children, whom are considered bonded salves, while an unknown number is sex-slaves.

Slavery practices in Japan, Korea, Philippines Indonesia and China had varied between bonded labor and sexual slavery. African slavery is the most known and debated practice, which triggered all anti-slavery movements and actions. In today’s world, forced slavery and sexual slavery are still in practice in Africa and South Asia, despite the international acts and resolutions. For some visionaries, slavery maybe lost its known terminologies for new others extracted from global trends in economic, enterprising and investment. These are namely; human trafficking, wage slavery and penal slavery, which had been respectively known in Europe, North America and Australia. Deteriorated living conditions because of inequality, unemployment and ill-governance, is the concurrent cause for hidden slavery which force people to trade their free choice for bread.

The Roma (Gypsy) are the living dilemma of both physical and emotional humiliations. Their history since their migration in 1200^th AD from west India, spreading throughout Neat East, North Africa, Europe, and across the Atlantic to North America, had horrible stories of abuse, torture and ill-persecutions wherever they land. Their issue still open till date; despite the enthusiastic activities of advocates and political groups. They are a living example on cultural classification and segregation that are deeply embedded within our humane mind-set.

Now, what are the slavery concepts in Islam?

Early Islamic state did not offend or force the change of slavery patterns in Arabian Peninsula, considering its importance for those tribal and nomad communities. Adequately to the cultural environment; gradual change had synchronized the growing religious belief and awareness. The word Abed (slave in classic Arabic) was increasingly used as a prefix as new Muslim names; attached with names and descriptions of Allah swt; e.g., Abdalla, Abdelrahman, Abdelqadir, etc. This was smart cultural move meant to vacate the word from its notorious meaning. However, it is fair to admit that both presence and role of slavery among Arabs, who were the early recipients of Islam, had colored their future practices as Muslims and Rulers of vast ethnic and geographic coverage.

Notably, Islamic rulings and guidelines did not regulate obtaining slaves in any case accept religious war, inheritance or voluntary enslavement. The voluntary enslavement is confusing as was only subject to females above the legal age, who would on a-free-will enslave themselves to a Muslim man. This was not associated with any elaboration on emancipating these females. Also, there was nothing on merchandizing of slaves, despite what been repeatedly recorded of purchasing Muslim slaves in order to emancipate them. Therefore, Islamic societies did not know abolition concepts or movements, but official rulings during the last three centuries, to correspond with some civic or political reforms.

Islam had set parameters for slavery, which later been often violated with the growing urban complex of its societies and ethnic groups. Some Islamic societies had conventional or new strong-economic patterns based on indispensible slavery for its growth and sustainability. Others were culturally and socially complex to tolerate abounding slavery. However, in later Islamic states, demise between free and slave persons had diminished, which enabled Mamluks (terms created by Ayyubid dynasty, who at their height ruled Egypt, Palestine, Jordan, Syria, Libya, Hijaz and Yemen in 1188 AD; which means slaves in modern Arabic, but inspired by Arian-Turkish culture) to rule Egypt and Syria for four centuries.

These concepts were interpreted in the following patterns:

Firstly. Gradual reduction of slavery was managed by regulating some religious and civic violations or offensives; which were alternatively pardoned by emancipation of slaves. Therefore, number of salves in the First Islamic State was much lowered. Then; the forcibly growing slavery trends had been divided into two different scenes, driven by cultural and urban sophistications. In Arabian Peninsula, Nomadic or Arab Muslims had treated their slaves as servants. In other parts of the State; Urban or Arabizationed Muslims had treated slave as controlled properties. Therefore, both fictions and non-fiction tales were focusing on the second trend, which had witnessed many varieties, activities and excitements..!!

Secondly. The Muslim believers were continuously educated on equality among all races with no nobility or ethnic preference. This principle was based on acknowledgement of a sole Creator swt; which is the core of Islamic belief. Rejecting such a belief by surrounding nations, had justified the famous Jihad wars, which had generated the war captivities; or slaves. Historically, the Muslim army was constituted by volunteers who can afford their own ammunitions, logistics and supply, therefore, their war captives were simply their own. When the Islamic state got matured and grown, it became capable to recruit and fund its troops; it overwrote the individual ownership of war captives.

Thirdly. Political Islam is no different from any other governing regime; which applies the psychology of war and peace. Therefore, truce terms between Muslim armies and defeated nations had been ruled to include the supply of slaves. These truce-salves were often recruited in armed battalions or assigned for particular state logistics. Later, their surplus had been put for auctions; which had initiated the famous and notorious slave business.

Fourthly. Islam, as well as most of religions, had constrained any unlawful consensual relations between the two sexes. Muslim men were permitted to touch and conceive their female slaves, whom usually converted to Islam. Muslim female salves were almost wives, missing only the formal spouse title and inheritance share. This had produced the famous yet notorious Hareem phenomenon (means the spouse females whom are not formal wives); which was associated with grown power and wealth of Muslim States. Eventually, the female slaves lose their enslavement once delivered a child, who is legitimately recognized with full family rights. Simply; the father cannot sale the slave mother of his children. Even so, childless Hareem were rarely put for trade, but would be given away.

Fifthly. As all people are born free, there is no born-slavery in Islam nor penal or forced. War generated slavery was a closed issue since 1700^th AD, while the concurrent generated from demotic violence in some tribal areas, like Darfur, is mutual yet unspoken tradition between rivals. Female slaves would be used as servant and sex mates, and their conceived children are recognized as free sons and daughters. Penal slavery is stranger to Muslim heritage, contrarily to capital punishment. Forced slavery among Muslim is more adequately to be described as wage slavery, which allows the slave a payment against effort, right of marriage and lawful inheritance.

Certainly, involvement of some Muslims in modern humane trafficking, resulting in sex slavery and wage slavery cannot condemn Islam for the same. Generally, slavery contradicts with universal welfare, stable urbanism and good governance, which is the strive of all Mankind.