Forced Marriage in the British Sunnī Muslim Community from an Islamic Law Perspective: a Critical Study
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Beschreibung
The British Muslim community suffer from forced marriage. The present work addresses this issue using Islamic legal sources to assess whether Islamic law allows forced marriage and provides a comparativecontrastive account of Muslim jurists of the four Sunni schools of law regarding elements of the marriage contract, such as guardianship, coercion, and aims and objectives of Islamic law. The research also deals with marriage within Islamic jurisprudence, the role of guardianship in marriage contract, and the Islamic ruling on forced marriages.
Forced marriage will be defined and a distinction will be made between forced marriage and arranged marriage, contextualising the issue in terms of UK and human rights law. The problem of forced marriage within the Muslim community will be introduced, and whether or not it is sanctioned by Islamic law. The present work provides an in-depth account of the meaning and significance of marriage in Islam, and some elements of marriage, such as engagement/betrothal, legal objectives, cornerstones, marriage formula, witnesses, suitability of the spouses, and the dowry. Guardianship, legal capacity, and compelling guardianship will also be discussed. This work also focuses on the problems of coercion and consent. A definitive judgement with regard to forced marriage in Islamic law will be provided.
Autor*in
Taher Hamed
Themen in »Forced Marriage in the British Sunnī Muslim Community from an Islamic Law Perspective: a Critical Study«
Zwangsheirat Muslime Großbritannien