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Thread: Indian forced to 'marry' her father-in-law rapist

  1. #1
    Senior Member rajkhalsa's Avatar
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    This is what happens when you have a different set of laws and civil code for people of different religions, as India does. Under Indian Muslim civil law, a man can practice bigamy and quote the barbaric (though once -- that is, 800 years ago -- progressive) Islamic sharia law.

    Though this forcing of marraige is illegal under Indian law, their culture will 'force' her to abide by the cleric's edicts anyway, lest she be ostracized from the community.

  2. #2
    Banned user Ayura's Avatar
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    Though this forcing of marraige is illegal under Indian law, their culture will 'force' her to abide by the cleric's edicts anyway, lest she be ostracized from the community.

    There is no such thing according to Islam. It seems apparent to me that this particular village is...abit weird.

    Read the following passage

    Absolutely not! Let us look at what Prophet Muhammad peace be upon him said regarding this issue:

    Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as having said: "A woman without a husband (or divorced or a widow) must not be married until she is consulted, and a virgin must not be married until her permission is sought. They asked the Prophet of Allah (may peace be upon him): How her (virgin's) consent can be solicited? He (the Holy Prophet) said: That she keeps silence. (Translation of Sahih Muslim, The Book of Marriage (Kitab Al-Nikah), Book 008, Number 3303)"

    Allah Almighty said in the Noble Quran: "O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may take away part of the dower [money given by the husband to the wife for the marriage contract] ye have given them, except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and God brings about through it a great deal of good. (The Noble Quran, 4:19)"

    The following Saying is an explanation to Noble Verse 4:19:

    Narrated Abdullah ibn Abbas: "About the Qur'anic verse: 'It is not lawful for you forcibly to inherit the woman (of your deceased kinsmen), nor (that) ye should put constraint upon them.' When a man died, his relatives had more right to his wife then her own guardian. If any one of them wanted to marry her, he did so; or they married her (to some other person), and if they did not want to marry her, they did so. So this verse was revealed about the matter. (Translation of Sunan Abu-Dawud, Marriage (Kitab Al-Nikah), Book 11, Number 2084)" So according to Noble Verse 4:19, a woman can not be forced into marriage by any mean.

    Narrated AbuHurayrah: "The Prophet (peace_be_upon_him) said: An orphan virgin girl should be consulted about herself; if she says nothing that indicates her permission, but if she refuses, the authority of the guardian cannot be exercised against her will. (Translation of Sunan Abu-Dawud, Marriage (Kitab Al-Nikah), Book 11, Number 2088)"

    Narrated Abdullah ibn Umar: "The Prophet (peace_be_upon_him) said: Consult women about (the marriage of) their daughters. (Translation of Sunan Abu-Dawud, Marriage (Kitab Al-Nikah), Book 11, Number 2090)"

    Narrated Abdullah ibn Abbas: "A virgin came to the Prophet (peace_be_upon_him) and mentioned that her father had married her against her will, so the Prophet (peace_be_upon_him) allowed her to exercise her choice. (Translation of Sunan Abu-Dawud, Marriage (Kitab Al-Nikah), Book 11, Number 2091)"

    Narrated Abdullah ibn Abbas: "The Prophet (peace_be_upon_him) said: A guardian has no concern with a woman previously married and has no husband, and an orphan girl (i.e. virgin) must be consulted, her silence being her acceptance. (Translation of Sunan Abu-Dawud, Marriage (Kitab Al-Nikah), Book 11, Number 2095)"

    The above Noble Verse 4:19 and the Sayings of our beloved Prophet Muhammad peace be upon him clearly explain that according to Islam, whether the woman is virgin or not, her permission is a MUST. Her father or older brother can not force her into marriage as the Pagan Arabs and the Jews and Christians before Islam in the Middle East used to do; see Deuteronomy 25:5 in the Bible to see how women are forced into marriage.

  3. #3
    The Professor Lokos's Avatar
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    Shari'a is interesting, and not nearly as constrictive as many have been led to believe.

    According to my understanding of Islamic law, the best mode of development of jurisprudence is through ijtihad (legal reasoning) and a Qadhi's hukm (decision on a specific issue). These instruments allow Shari'a to cope with a constantly evolving societal value system - and remain a valid form of social ordering and control. Unfortunately, Shari'a, by its very nature, also remains locked in the tenets prescribed in the Quran and the Sunnah, neither of which can be breached by either ijtihad or hukm.

    Granted, my knowledge of Islamic law is largely cosmetic, but that is my view on it.

    Also, it is perhaps pertinent to note that secular law has ALWAYS existed alongside Shari'a, in every country that purported to be employing law as a system derived from Islam.

    Lokos

  4. #4
    Banned user Ayura's Avatar
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    Actually there are a few Muslim honor killings in the West as well, but -- as it is not tolerated -- rare. That being said:

    I am aware of this - but guranteed 100% of the time you will find that these people happen to be hardcore immigrants from such cultures.

  5. #5
    Senior Member mi35d's Avatar
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    Oh dear...It seems like these Muslim clerics have picked up the Bible instead of the Qu'ran.

    So you start your defense of your religion by making a backhanded and unsubstantiated attack on another religion???

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