Sharia Law: Child Marriage And Men

Child marriage is a human rights violation that disproportionately affects girls, stripping them of their agency, inhibiting their education, and exposing them to violence and abuse. In Nigeria, child marriage is prevalent in the Sharia-implementing states of Northern Nigeria, where interpretations of scripture that make no mention of a minimum age for marriage are used to legitimize the practice. This poses a challenge to the federal government's efforts to abolish child marriage and ensure the rights of all girls in relation to marriage. While Islamic marriages in the UAE are conducted according to Sharia provisions, the legal age for marriage is set at 18 Hijri years, and the law does not explicitly state that men can marry children. However, the treatment of women as minors controlled by their male guardians before and after marriage in British Sharia Councils and Tribunals has been criticized for enabling child marriages and forced marriages.

Child marriage is a human rights violation

Child marriage violates many human rights, including the right to education, freedom from violence, reproductive rights, access to reproductive and sexual healthcare, employment, freedom of movement, and the right to consensual marriage. Girls who marry young are often expected to take on responsibilities at home that are prioritized over attending school. A lack of education limits girls' choices and opportunities throughout their lives and can lead to poverty. Research shows that girls with limited education may be more vulnerable to persistent poverty if their spouses die or abandon them.

Child marriage also threatens the health and well-being of girls. Complications from pregnancy and childbirth are the main cause of death among adolescent girls aged 15-19 in developing countries. Child marriage is often accompanied by early and frequent pregnancy and childbirth, resulting in higher-than-average maternal morbidity and mortality rates. Girls with low levels of education between the ages of 15 and 19 are at a greater risk of domestic and sexual violence from their spouses than older and more educated women. Marital rape is common in some countries, although it is not recognized by law.

Islamic Law, or Sharia Law, applied in British Sharia Councils and Tribunals, treats women as minors controlled by their male guardian before marriage and their husband after marriage. The rules applied regarding marriageable age and guardianship make child marriages and forced marriages possible. While Islamic Law violates various provisions of international human rights conventions and British Law, it is important to note that not all Muslims adhere to these interpretations of Sharia Law, and there are ongoing efforts to address these issues within Muslim communities.

Islamic Law violates international human rights conventions

Islamic Law, or Sharia Law, has been criticised for violating international human rights conventions. One of the most prominent examples of this is the practice of child marriage, which is enabled by the rules applied by British Sharia Councils and Tribunals. These rules treat women as minors controlled by their male guardians before marriage and their husbands after marriage. This allows for child marriages and forced marriages to take place and results in clear discrimination against wives in divorce, maintenance, and custody rights.

The United Nations (UN) sets the international standard for basic human rights through documents such as the Universal Declaration of Human Rights (UDHR) and the International Covenants on Civil and Political Rights (ICCPR) and Economic, Social, and Cultural Rights (ICESCR). The UDHR states that all human beings are born free and equal in dignity and rights, and that marriage should be entered into by two persons of age, with their free and full consent, without limitations due to race, nationality, or religion. This is directly contradicted by the practices enabled by Islamic Law.

In addition to violating the UDHR, Islamic Law has also been criticised for infringing on the rights outlined in the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment. In Aceh, for example, Islamic laws allow for public caning, which has been described as a form of shame and humiliation that violates international law prohibiting torture and other cruel and unusual punishment. This punishment has been administered for offences such as gay sex, sex before or outside of marriage, gambling, and the sale and consumption of alcohol.

While some proponents of human rights argue that Islam and human rights are inherently incompatible, others take a more nuanced view. They suggest that Islam can be compatible with human rights if it is understood not as a legal system, but as a set of ethical and religious values that can strengthen and legitimise human rights. However, as long as Islamic Law is applied in a way that enables child marriage and other forms of discrimination against women, it will continue to be seen as a violation of international human rights conventions.

Sharia law treats women as minors

In many countries, Sharia law has been criticised for perpetuating gender inequality and restricting women's freedoms. For instance, in Afghanistan, the Taliban has banned women from "hearing other women's voices" and closed all women's beauty salons. In Saudi Arabia, women's lives are heavily regulated, with restrictions on their ability to drive, obtain passports, work, and live alone. While the Saudi government has made some reforms, these have been criticised as insufficient and "window dressing".

Sharia law, as applied in British Sharia Councils and Tribunals, treats women as minors controlled before marriage by their male guardian and after marriage by their husband. This hierarchical structure, dominated by males, allows for child marriages and forced marriages. It also discriminates against wives in divorce, maintenance, and custody rights. Women seeking a religious divorce turn to these councils, entering a discriminatory process that pushes them towards mediation instead of divorce.

The interpretation and implementation of Sharia law vary across countries, and some nations have reformed their legal systems to improve women's rights. For example, Tunisia has adopted civil law, recognising women as independent legal persons capable of contracting their own marriages and insisting that couples apply for divorce through civil law. Most Islamic countries also accept civil divorce as religiously valid. However, in the United Arab Emirates, Sharia law permits husbands to "chastise" their wives and children with physical violence, and in Lebanon, three-quarters of women have suffered physical abuse by husbands or male relatives.

While Islamic law applies to all Muslims who have reached maturity, according to the Quran, its implementation often disproportionately impacts women's rights and freedoms. In some countries, it restricts women's education, employment, and fundamental human rights. The enforcement of dress codes, such as the mandatory hijab in Iran, has also been a contentious issue.

Child marriage is legitimised by interpretations of scripture

There is a common misconception that Islam permits child marriage. However, this notion is criticised by many Muslims and non-Muslims alike. While Islamic law, or Sharia law, does not fix an age limit for marriage, the idea that it permits child marriage is considered a misinterpretation of scripture.

Some Islamic scholars argue that marriage is equated with sound judgement, suggesting that a person is not ready for marriage until they have matured psychologically, physically, and socially. Classical scholars did not encourage child marriage but merely permitted it. Some scholars, such as Al-Shafi'i and his companions, even encouraged a father or grandfather not to marry off a girl until she reaches maturity and can give her consent.

In the past, the onset of puberty was often considered the marker of adulthood, and marriage was usually done at this time. However, this does not mean that marriage before puberty was forbidden. Classical scholars understood that context mattered, and in modern times, child marriages are considered harmful and therefore unlawful in Islam. Most Muslim countries have set the marriageable age at around 18 years, recognising that modern societies require much more education and experience for a person to reach maturity.

The interpretation that Islam permits child marriage is often used to criticise the religion as being oppressive and illogical. However, this interpretation is not universally accepted among Muslims, and many argue that it is a misrepresentation of Islamic teachings.

The legal age for marriage in the UAE is 18 Hijri years

In the UAE, Islamic marriages are conducted according to Sharia law, which applies to both UAE nationals and expatriate residents. The legal age for marriage in the UAE is 18 Hijri years, or 18 years old. This is the age at which the country believes a young person has sufficient maturity to carry out marital responsibilities, build a healthy family, and protect against the harms caused by early marriage.

For those under the age of 18, judicial consent is required to proceed with the marriage. The marriage contract must be registered in a Sharia court, and the judge may require the couple to undergo a premarital screening certificate. The bride's father or closest male guardian must also be in attendance, along with two male Muslim witnesses.

The Sharia law sets out basic conditions for getting married in the UAE, including the legal age and mutual consent. It also mentions other conditions such as the agreement on the mahr, which is paid to the bride by the groom, and understanding the contract of marriage, including the rights and responsibilities of the spouses.

The UAE government also offers marriage grants to lower-income Emiratis and those on social welfare. An Emirati couple who meets certain criteria are eligible to receive AED 70,000 from the government, paid in one instalment. Additionally, the Dubai Municipality launched the Bunyan card for UAE citizens aged 18 and above, which provides discounts on furniture and home furnishings.

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