Walī mujbir
The Walī mujbir ( Arabic ولي مجبر, DMG Wali muǧbir of Wali "guardian" and aǧbara "force"), Turkish : mücbir veli is according to the Islamic law of the father or grandfather of the virgin bride as marriage guardian ( wali ) against their express wishes for marriage with any before performance Muslim can determine.
In practice, virgin means that the woman can be forced into her first marriage against her express will, but not into further marriages. The usual marriage guardian can also regard silence, laughing or crying as consent to the marriage, but he may not marry her off against the express will of the bride.
If the guardian is the father or grandfather on the paternal side, he can, according to Hanafi , Maliki , Shafi and Hanbali doctrines, marry as a wali mudschbir even against the expressed will of a virgin bride.
According to Hanafi law, any marriage guardian can force an underage bride to marry for the first time, but the bride has the right to divorce when she reaches the age of majority .
In Iran , the law from 1958 to 1998 was such that marrying a bride without her consent was considered slavery and a criminal offense. Since 1998, doing this has been legal again in Iran. This corresponds to the Jaferite teachings of the majority of the Twelve Shia in Iran as well as the teachings of the Sunni minorities, who mostly follow the Hanafi or Shafiite school of law.
In Malaysia , forced marriage by a wali mujbir is legal in several states, such as Kelantan state .
After a legal opinion ( fatwa ) of Deputy Justice Minister Abd al-Aziz Abdullah Al al-Sheikh bin in 2005, is a forced marriage by Saudi law for banned and declared illegal. However, no specific penalty was set.
Individual evidence
- ^ The Encyclopaedia of Islam, New Edition, Vol. VIII, p. 27, Leiden 1995.
- ^ Silvia Kuske: Islamization and family law in Algeria: the influence of Malakite law on the "Code algérien de la famille", Berlin 1996.
- ↑ Page of the Malaysian Ministry for Women, Family and Community Development ( Memento of the original from October 20, 2012 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Women in Saudi Arabia - Grand Mufti Pronounces End of Forced Marriages qantara.de April 21, 2005
