> Honour Killings & Forced Marriages?

[Qatada]

Forced Marriages?

http://www.islamtoday.net/english/sh...ub_cat_id=1788


Allah is the one who has ordained marriage for His creatures. He has placed within marriage the blessings of comfort, love, and mercy.

"And among His Signs is that He created for you mates from among yourselves, that you may dwell in tranquility with them, and He put love and mercy between your hearts. Verily in that are Signs for those who reflect." [Qur'an - Sûrah Rûm: 21]

For this reason, Allah had made one of the essential pillars of the marriage contract that both the husband and the wife are willing parties to the marriage. This is the essence of the offer and acceptance in the marriage contract. It is not possible to contract a legal marriage in Islam without the willing consent of two legally accountable people of sound mind.

As for the customs and traditions that exist in some parts of the world requiring people to marry others who are chosen for them, these customs are not Islamic. No one can be obliged to follow them. No man can be obliged to marry any woman against his will. Likewise, no woman can be forced to marry any man against her will.


The Sunnah provides us with a considerable amount of evidence for the legal necessity of the consent of both parties to the marriage.


`Â'ishah narrates that the Prophet (peace be upon him) said: "A virgin's consent must be sought for marriage."

To this `Â'ishah commented: "But a virgin is too bashful."

The Prophet (peace be upon him) replied: "Her silence is her consent."

[Sahîh al-Bukhârî]

Buraydah narrates that once, a woman came to the Prophet (peace be upon him) and said: “O Messenger of Allah, my father married me to my cousin in order to raise his social standing, but I do not want to be married to him.”

The Prophet (may the peace and blessings of Allah be upon him) gave her the option of annulment. At this point, she said: “I have already reconciled myself to my father’s decision, but I wanted it to be known that women have a say in the matter.”


[Sunan al-Nasâ’î (3269), Sunan Ibn Mâjah (1874), and Musnad Ahmad (25043) and authenticated by Shu`ayb al-Arna`ût et al in Tahqîq Musnad Ahmad (41/493)]

Though a child must generally obey his or her parents, this obedience does not extend to marrying an unwanted partner in life. Islamic Law permits a son or daughter to refuse entering into any marriage he or she is displeased with, no matter what their reason for refusing might be.

Without a doubt, it is better to refuse to get married from the outset than to place oneself into an unhappy marriage. There is no reason for the people to subject themselves to an unhappy home life or to an unstable marriage which might very well end in a stressful and messy divorce.

If a man knows that the family of his bride to be is coercing her to marrying him, then that man must himself refuse to enter into the marriage. It is not lawful for him to marry a woman he knows is unwilling. Such a marriage has a contractual defect in it, since the willing consent of both parties is part of the contractual basis of a lawful marriage in Islam – even if that marriage takes place in a court of law at the behest of the woman's legal guardian.

No one should enter into a marriage unless he or she is perfectly satisfied with it and resolved to it. The consent of both the man and the woman must be utterly free. This is the way to ensure that their married life has a good chance of happiness and not bea source of continual grief for the couple and for their respective families.

[Qatada]

Honour Killings?


http://islamtoday.com/show_detail_se...&main_cat_id=6

Question: I read in the papers something that disturbs me about Islam. I read that a Muslim man in one of the Islamic countries killed his seven-year-old daughter because he suspected her of being raped. He is quoted to have said: "The motive behind the killing was to defend my honor, fame, and dignity." Is this what your religion teaches?

Answered by Sheikh `Abd al-Wahh?b al-Turayr?, former professor at al-Im?m University in Riyadh

That father is guilty of murder.

The teachings of Islam should be taken from the correct sources ? the Qur??n and the Sunnah of our Prophet (peace be upon him).

There are false practices to be found in some Muslim societies are only but these are alien to the Islamic legal injunctions. Such practices cannot in any way be attributed to Islam. You should know that the Muslim scholars? objective is to remove these unsavory regional customs and steer Muslim societies towards the true teachings of Islam.

The mistakes of Muslim people should not be attributed to Islam. You know from history that the massacres of the Native Americans and the slavery of Africans should not be attributed to Christianity, even though these atrocities were carried out by beople who called themselves Christians.

The events you have mentioned are unlawful and the one who commits such crimes is a criminal for illegally killing someone.

In Islamic Law, no one can be punished for adultery, man or woman, until it is legally confirmed that he or she did it. In case of this seven-year-old girl, she would never be punished in any case, since she was a minor.

According to Islam, it is not a simple thing to accuse someone of adultery, and even more difficult to punish someone for it. Anyone who falsely accuses someone else of adultery will receive a severe legal punishment of flogging with a whip, as he slandered another person and injured the accused person?s reputation. If this is the punishment for accusing someone else of adultery, then how could it be Islamic that a person can not only accuse someone but also kill that person on the basis of his accusation?

Legal punishments will not be applied on people who were coerced into doing things, such as being raped, neither in this life nor in the Hereafter. It is the duty of the raped victim?s family to request punishment of the rapist and not to punish their poor daughter. In fact, it is the Islamic right of the daughter on her family that they protect her, defend her, and pursue justice on her behalf. (SOURCE)

[Bassam Zawadi]

it is interesting to note that the Old Testament had a law on honour killings...

Lev 21:9 And the daughter of any priest, if she profane herself by playing the whore, she profaneth her father: she shall be burnt with fire.

"And he that curseth his father, or his mother, shall surely be put to death. (Exodus 21:17)"

"For every one that curseth his father or his mother shall be surely put to death: he hath cursed his father or his mother; his blood shall be upon him. (Leviticus 20:9)"

[IbnAbdulHakim]

who translates the bible and stuff... arent words such as whore vulgure? i thought prostitute is a more formal word..


anyway about the articles im glad its posted, many people will love islam more due to these rulings inshaAllah.

just like every other ruling of islam, subhanAllah


Assalamu Alaikum