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

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I agree with the shafi’i ruling but I’m not sure if their was a suitable match for this particular case since it wasn’t mentioned but if it was suitable then the father hasn’t done anything wrong.
The somaliland courts also impose a 5-10 year prison sentence if a wali follows the shafi’i ruling though.
 
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.
We should stick to our sunni islam no doubt, espcially the shafici madhab but islam is the religion of mercy..We should value the feeling of our girls. If they don't wanna marry someone we should respect that and find a spouse with them taking part in the choice. The Sunna of The prophet SCW shows how merciful he treated his beloved one. How can you tell me someone can marry his 14 year old daughter against her will ? Her age is not the problem if she an adult islamicly but you should be merciful and she should be allowed to have a say in which husband she marries.
 
@World

Since the prophet married Aisha when she was 9 years old, isn't it legal and permissible for a girl who reached puberty at that age (younger sometimes) to be married too?

How many Muslim Somali females on this website accept this ruling?
 

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@World

Since the prophet married Aisha when she was 9 years old, isn't it legal and permissible for a girl who reached puberty at that age (younger sometimes) to be married too?

How many Muslim Somali females on this website accept this ruling?
Aisha(R.A) reached puberty at a very young age compared to the average female, she is an outlier.

But anyone who is against a woman marrying after she’s reached sexual maturity, is going against Islam.
 
Dhaqan Gaaladeed ba la wada.
Their main objective was the age. Kulaha she was underage.

@World i agree with you sxb. Dhaqan bey la dagalamayan over Ngo money.
Xeerka Kufaiga ba la wada
 
@World

Since the prophet married Aisha when she was 9 years old, isn't it legal and permissible for a girl who reached puberty at that age (younger sometimes) to be married too?

How many Muslim Somali females on this website accept this ruling?
Every single one.
Whether you agree or not. Its our religion and culture.
f*ck off.
 

Gibiin-Udug

Supporter of PuntExit, P.I.M, Queen of Pettyville
Staff Member
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.
You're absolutely sick and I hope you get arrested for spreading this sick ideas.

Islam is against forced marriages. Go learn about the religion, you filthy cow.
 
@World saaxib i agree with everything with besides the force.The age is not a problem at all but look at this hadith regarding forcing a woman:


Abu Hurayrah, radiallahu 'anhu, reported that the Prophet, sallallahu 'alayhi wa sallam, said:
"A non-virgin woman may not be married without her command, and a virgin may not be married without her permission; and enough permission for her is to remain silent (because of her natural shyness)." [Al-Bukhari, Muslim, and others]

So the permission of every woman is a must !
 
@World saaxib i agree with everything with besides the force.The age is not a problem at all but look at this hadith regarding forcing a woman:


Abu Hurayrah, radiallahu 'anhu, reported that the Prophet, sallallahu 'alayhi wa sallam, said:
"A non-virgin woman may not be married without her command, and a virgin may not be married without her permission; and enough permission for her is to remain silent (because of her natural shyness)." [Al-Bukhari, Muslim, and others]

So the permission of every woman is a must !
Listen sxb. The virgin women command is if she doesnt yell during the engagement. If she is silent than she is to be wed off.

I wa there recently we have a dhaqan and diin. This is not an issue in our community.
Wallahi this is being funded by Human Rights groups and Ngos.

Their whole issue is with the age. Read Xeerka Kufsiga la damacay iin la aansixiya
 
Aisha(R.A) reached puberty at a very young age compared to the average female, she is an outlier.

But anyone who is against a woman marrying after she’s reached sexual maturity, is going against Islam.
@World

These are children forced to marry men older than their fathers and it is legalised pedophilia.

These days, only Sunni shithole tribal communities like in Somalia/Afghanistan and Shia Iran practice these child marriage customs as most Sunni Islamic countries have raised the legal age of marriage and the necessity of consent.

Legal age of marriage;

Turkey: 18 (17 with consent of parents)

Egypt: 18

UAE: 18

Somalia: 18

++++++++

Iran: 13 for girls, 15 for boys
 
She’s doesn’t even have the proper hips and body to bear children, let alone have a big man on top of her. Her body is not developed for marriage at such a young age.

Whichever girl decided to get married that young is understandable since she agreed on the marriage but this girl did not agree on the marriage. It was arranged and forced upon her.

She even says she was on lockdown for a while. So how is this a permissible marriage in your eyes, man? She did the right thing by getting out of that marriage. A marriage is a consent from both parties and this one was a one-sided agreement.

Stop twisting the religion.
 
She’s doesn’t even have the proper hips and body to bear children, let alone have a big man on top of her. Her body is not developed for marriage at such a young age.

Whichever girl decided to get married that young is understandable since she agreed on the marriage but this girl did not agree on the marriage. It was arranged and forced upon her.

She even says she was on lockdown for a while. So how is this a permissible marriage in your eyes, man? She did the right thing by getting out of that marriage. A marriage is a consent from both parties and this one was a one-sided agreement.

Stop twisting the religion.
Every story has two sides.
Second f*ck this hip age bs.
She is an adult. Period.

When does one become developed for marriage??? What age is one an adult???

Gaalarac ha noqonin
 
@World

These are children forced to marry men older than their fathers and it is legalised pedophilia.

These days, only Sunni shithole tribal communities like in Somalia/Afghanistan and Shia Iran practice these child marriage customs as most Sunni Islamic countries have raised the legal age of marriage and the necessity of consent.

Legal age of marriage;

Turkey: 18 (17 with consent of parents)

Egypt: 18

UAE: 18

Somalia: 18

++++++++

Iran: 13 for girls, 15 for boys
And in the west homos can get married. People can have realtionships with dogs.
When do plan on marrying your dogs. That is what culture you want us to follow??
 
@Suldaanka @World lets Not argue with people who are western influenced. 14 year old is an adult and was an adult in every culture since 100 years ago the westeners changed it.

The problem is the force. If the girl didn't gave her permission by being silent than the marriage is invalid.
 

World

VIP
@World

These are children forced to marry men older than their fathers and it is legalised pedophilia.

These days, only Sunni shithole tribal communities like in Somalia/Afghanistan and Shia Iran practice these child marriage customs as most Sunni Islamic countries have raised the legal age of marriage and the necessity of consent.

Legal age of marriage;

Turkey: 18 (17 with consent of parents)

Egypt: 18

UAE: 18

Somalia: 18

++++++++

Iran: 13 for girls, 15 for boys
Pedophilia = attraction to pre pubescent children as an adult.

Go learn the definition of it before using it in an argument. No Muslim country legalises pedophilia.
 
Every story has two sides.
Second f*ck this hip age bs.
She is an adult. Period.

When does one become developed for marriage??? What age is one an adult???

Gaalarac ha noqonin
How is it gaalraac? You see women as an object that can be tossed around and owned. She didn’t want the marriage so she got out of it. What’s wrong with that?


A girl become is properly developed when she is 20, in my opinion and I say that out of naxariis and I know them better than you. Don’t lecture me on the female anatomy.

Kulahaa waa dinteena. How is forcing young girls into marriage our religion? A child at such a young age, who has been harassed and manipulated into marriage cannot speak for herself. She can’t speak back to her father because he overpowers her and so do her brothers. They will shut her down and at 14, you’re not even taken seriously. Add to that the fact that she is a girl. Who will take her cries seriously? Nobody!

Have some mercy and understanding in your heart. You lack it.
 

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