JEDDAH, 13 April 2005 — Saudi Arabia’s Grand Mufti Sheikh Abdul Aziz Al-Asheikh, who heads the Council of Senior Islamic Scholars, has come out strongly against the practice of forcing women to marry against their will while calling for the imprisonment of violators, the Saudi Press Agency reported yesterday.
The grand mufti’s call evoked positive reaction among women in the Kingdom, who greatly welcomed the move, saying it was a “wake-up” call. They also hoped that a mechanism would be set up to monitor and help those who come out against such practices.
“Forcing a woman to marry someone she does not want and preventing her from wedding someone she chooses ... is not permissible,” the grand mufti said. “Anyone who insists on forcing a woman ... to marry against her will is disobeying God and His Prophet (Muhammad),” he said.
Sheikh Abdul Aziz said anyone who does not give up this pre-Islamic practice “should be punished by imprisonment and should not be released until he drops his demand, which contravenes the provisions of Shariah.”
Violators should be kept behind bars until they commit to “refrain from aggressing the woman, her legal tutor and the man she marries, and until the chief of their tribe or another influential member of the tribe guarantees that they will comply with this and refrain from aggression,” he added.
Fatin Bundagji, director of Women’s Empowerment and Research at the Jeddah Chamber of Commerce and Industry, welcomed the fatwa (religious edict). “It is a cultural problem that has to be addressed, some people tend to take cultural beliefs as part of tradition and this is wrong. The mufti is acknowledging this confusion, and his fatwa might help in preventing cases of divorce. Mutual consent and compatibility in a marriage are important,” she said.
“Now the next step should be taken by the society, it should pick up the fatwa and make sure it is enacted, and women should also be aware of their rights in marriage,” she added.
Asma Siddiki, vice dean, Effat College said, “It is unfortunate that such basic rights that are given to us in Islam have to be reiterated in order to address a minority that takes pleasure in suppressing women’s rights.”
Lama Zaitoni, a housewife, too was ecstatic. She said, “Some families force their widowed daughter to marry the brother of the deceased husband. They still do not understand the religious laws. The mufti’s statement works as a wake-up call for those people and we hope they get it.”
Lawyer Mais Abu Dalbouh, however, was tempered in her reaction while welcoming the fatwa. She said, “We are assuming that the daughter is ready to lodge a complaint. Realistically speaking what daughter will do that? She may be subjected to more pressure from the family. Also what will be the mechanism used to apply the edict?”
She cited the example of inheritance to back up her claim. “There have been cases of male members denying inheritance rights to female family members. And in those cases many of the disinherited are afraid to make a case of it, even though it is a given right in Islam,” she said, adding, “if they had the freedom to choose in the first place the issue of force would not be there at all.”
Safinaz Murshid, a hospital employee in Riyadh, too welcomed the move but also raised some questions. “Women definitely welcome this move. It is a good initiative, but it will be difficult to implement. Also who will investigate and how will the case be proved against the guardian?” she asked.
She asked what channels can the daughters go to for help, and who will protect and sustain her after she lodged the complaint?
Another hospital employee from Riyadh, Shada Al-Dahash, called it a great step. “It is a great reminder to the people.”
She felt that some women would come out despite the pressure, but it all depends on the situation one finds oneself in.
Hanadi Abdulrahman, a student in Riyadh, felt that with society getting more modern, there are pressures both on the guardian and the wards. “But nobody should force anyone to do anything against their wishes,” she said.
