HISTORIC RULING: 14yr Girl wins case against forced marriage in Somaliland

Discussion in 'General' started by SirLancelLord, Mar 16, 2019.

  1. SirLancelLord

    SirLancelLord "Countering Bohol's Bullshit"

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    For the first time since Somaliland criminalised forced marriage, a 14-year-old girl has successfully been granted a divorce at a court in Sool region

    Hawa Isack Adan was engaged to be married when she was just 11 years old to Aftin Abdi Adan, 38, in 2015 following a family negotiation over dowry. Hawa was a standard six pupil at school in Buhodle town, where she had been living with her mother after her parents separated.

    In January, Hawa was moved to Lasanod town and married her fiancé in a ceremony attended by relatives. It was an event that will beforever seared in her mind.

    “For the first seven days, relatives and my father had been watching me so that I could not escape. I was kept indoors with the man. One day in the second week, I got a precious opportunity to escape and did not miss it,” Hawo told Radio Ergo.

    Hawa looked for a chance to escape and travelled to Hargeisa town to stay with her maternal grandmother for sanctuary.

    But her father reported her missing, and her mother and step-father were arrested and accused of hiding her.

    Hawareturned to her new husband’s home in Lasanod in order to secure her mother’s release. It was then that she decided to try another bid for freedom by taking the matter to court.

    “I remembered hearing that some people sought help in the courts. I did not get advice to seek a divorce from anyone but the circumstances under which I was in pushed me to find a way out,” Hawa told Radio Ergo.

    She filed a divorce case on 24 February at the court, according to magistrate Omar Sheikh Mohamed.

    “The young girl came to the court and filed a case on grounds of forced marriage. After investigations, we ascertained that the father of the girl allowed a man to marry his daughter, who was then 11 years old. The girl now is 14 years old, she had been engaged to the man for these three years,” the magistrate told Radio Ergo’s local reporter.

    The court asked the husband to divorce Hawo but he refused. The court then summoned the husband, and Hawo’s father and step-father. The case went on for nine days and was concluded on 4 March, with an order for the divorce.

    During the proceedings, the court heard that Hawo was threatening to commit suicide if she was forced to accept the marriage. Her father, on the other hand, insisted that the marriage must remain in place.

    Hassan Mohamed Warsame, the chairman of the court, said this was obviously a case of forced marriage as the girl opposed living with the man, and was also underage at the time of their engagement.

    “The father did not consult the girl on this issue of marriage and therefore the court passed the ruling in favour of the girl,” he said.

    The court asked Hawa to forfeit the three-year-old heifer valued at $400 that she was to be given by her husband as meher in exchange for the divorce certificate.

    Meheris a mandatory payment made by the groom to the bride at the time of marriage.

    After the verdict, Hawo told Radio Ergo that she wanted to resume her education.

    “I will go back to my town (Buhodle) to restart my school and rebuild my life!” she stated to Radio Ergo.

    Whilst the Sexual Offences Act of Somaliland enacted in April 2018 provides for prison sentences of five to 10 years for those who facilitate or are involved in forced marriage, the court decided in the interests of the future harmony of the family not to impose jail terms on Hawo’s father or the man she was to marry.
     
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  2. HIGH PRIESTESS

    HIGH PRIESTESS

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    Forced marriage? What the fuck is wrong with Somaliland?
     
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  3. SirLancelLord

    SirLancelLord "Countering Bohol's Bullshit"

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    it's not just a Somaliland problem it a Somali / African problem... It's been happened for ages and this is the first time legally a girl took her family to court and won.

    Gives the people of Laascaanood trust in the legal system
     
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  4. HIGH PRIESTESS

    HIGH PRIESTESS

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    I’ve never heard of forced marriage in Somali culture. It’s probably a northern thing.
     
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  5. kickz

    kickz Engineer of Qandala

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    You can't force someone into marriage, its not halaal..

    68IQ at its finest here:bell:
     
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  6. East side

    East side

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    I never understood forced marriage wallahi. As a man how the hell can you marry someone who says please I dont want to marry you and you say I dont care. Its truly sick wallahi
     
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  7. World

    World VIP

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    Hargeisa spreading their western secularism into the blessed lands of Dhulbahante

    Absolutely disgusting

    We have a duty to expel this administration from our regions, to preserve our culture and our religion.
     
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  8. Abdurahman_somali

    Abdurahman_somali

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    Are you dhulo even ?
    Brother im pro sharica but force marriage is not part of sharica, right ?
     
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  9. DRACO

    DRACO

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    Really nigga ?

    A 14yr girl old from buhoodle was forced into a marriage and a somaliland court freed her and gave her, her life back.
     
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  10. World

    World VIP

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    A 14 year old girl is a grown woman, she has finished puberty years before that.

    We are not like the gadabursi or the isaaq who marry off their women at age 30 after they finish their “education”. To prevent our women from falling into haram we marry them off as soon as she’s ready.

    Her wali chose a suitable partner for her which is perfectly fine according to the shafi’i madhab.
     
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  11. DRACO

    DRACO

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    If you lived in Somalia would you let a 38YO Man marry your 14YO sister ? :gucciwhat:
     
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  12. Abdurahman_somali

    Abdurahman_somali

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    What isaaq are you talking about...Dhulos have literally the same culture like HY and HJ you can't deny that. Her age is not the problem.

    Choosing a partner and forcing to marry one is different saaxib. We have to ask our scholars i research that.
     
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  13. AussieHustler

    AussieHustler Incels need help not derision Staff Member Moderator

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    Savages.
     
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  14. World

    World VIP

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    Of course
     
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  15. Apollo

    Apollo Staff Member Moderator

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    @World

    Ultra-Orthodox Jews with their 'conservative' practices are out-breeding Liberal Jews to the point that it got the Israeli state worried. :siilaanyolaugh:
     
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  16. World

    World VIP

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    As long as the guy is a suitable match, it’s perfectly fine.

    If there is nothing wrong with him, then she does not have the right to divorce him.
     
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  17. Abdurahman_somali

    Abdurahman_somali

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    You tell me she can't refuse someone she don't want to marry in the first place ? I can't believe that and will research myself saaxib.
     
  18. Teeri-Alpha

    Teeri-Alpha

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    sadly we do not practice real Islam any more, its haraam to force marriage a girl/female,
     
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  19. Cigaal

    Cigaal

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    Whilst it is permissible in our madhab for the wali to marry theyre daughter to someone without her permission there are still conditions that have to be met for it to be valid. We can’t go to a conclusion when we don’t know if the conditions were met.
     
  20. World

    World VIP

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    Here is an extract from the reliance of traveller, one of the most authoritative classical manual’s of fiqh for the Shafi'i madhab:

    m3.13 Guardians are of two types, those who may compel their female charges to marry someone, and those who may not.

    (1) The only guardians who may compel their charge to marry are a virgin bride's father or father's father, compel meaning to marry her to a suitable match (def: m4) without her consent.

    (2) Those who may not compel her are not entitled to marry her to someone unless she accepts and gives her permission. Whenever the bride is a virgin, the father or father's father may marry her to someone without her permission, though it is recommended to ask her permission if she has reached puberty. A virgin's silence is considered as permission. As for the nonvirgin of sound mind, no one may marry her to another after she has reached puberty without her express permission, no matter whether
    the guardian is the father, father's father, or someone else.

    m3.15 No guardian may marry a woman to someone who is not a suitable match (def: m4) without her acceptance and the acceptance of all who can be guardians (def: m3.7). If the Islamic magistrate is her guardian, he may not under any circumstances marry her to someone who is not a suitable match for her.

    It’s the same thing with the Hanbali madhab I believe as well. As we Somalis are shafi’i, then the father did nothing wrong as long as the man he married his daughter off to was a suitable match. Don’t let western secularism influence your opinion.
     
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