The Minimum Age For Marriage
This is great news: the Yemeni Parliament has just approved a new minimum age for marriage. It will be seventeen now. The law raises the minimum age for marriage - for both boys and girls - to 17, and provides for the right to alimony and recognition of the mother as the sole guardian of her children:
Read the remarkable but very sad story of Nojoud Ali here and here, which very much influenced and lead to these new laws to be passed.
Very few countries in the Middle East, especially in the Arabian Peninsular - have such great and noble laws as Yemen: refugees from neighboring countries are much better protected here; those suffering from HIV/AIDS are, too, better protected and served here than in most of our neighboring countries; and now - these new laws which mainly protect children and women, have been passed. Thanks to our legislators. We owe it to them; all that remains is to enforce these great and very noble laws and make them work.
The parliament has just endorsed a number of amendments for two important laws: the personal status law and the civil law. The amendments, approved first by the Jurisprudence Committee and then voted on by the whole Parliament, were mainly focused on women and children rights, with particular focus on deciding their future, spending their money, and being compensated for a marriage when a marriage is terminated.
One of the amendments defines the minimum age of marriage for boys and girls. The proposal was originally for 15 years at least, because those advocating for a minimum age for marriage realized that they needed to eat the elephant bit by bit. The talk was, “let us ensure no girls or boys get married before 15, and in the next course of action we will demand raising the age.”
But the parliament surprised us with a gift of two extra years, and the minimum age for marriage was defined by law at 17 for boys and girls. And this is simply splendid news. It shows that the members of parliament (MPs) are trustworthy men who, when reasoned with, can approve a law in the best interest of the people. Yemen Times
The amendments include facilitating pre-marital medical checks to determine genetic faults, dangerous diseases or health risks, as well as restricting polygamy to the husband's ability to support more than one family.
"Fairness is included in all aspects, such as time spent with each wife, housing and logistics," said the Yemen Times.
"The first wife also has to be legally notified of his intention of marrying another to allow them to make future decisions."
Other amendments included a women’s right to alimony for her children once a divorce has taken place and the custody of children to be exclusively granted to the mother for the first twelve years of the children’s life.
The new amendments also recognise the mother as the sole guardian of orphaned children, providing that is approved by a judge. AKI
A new Yemen law that limits the minimum age of marriage to 17 was welcomed by child-rights organizations, but they said it would require rigorous awareness campaigns in order to stamp out the widespread phenomenon of child marriages.
The Yemenite parliament approved the law last Wednesday, limiting the age of marriage for both boys and girls to a minimum of 17.
Parents who marry off younger children will be jailed for a year or fined the equivalent of about $500. The Media Line
Read the remarkable but very sad story of Nojoud Ali here and here, which very much influenced and lead to these new laws to be passed.
Very few countries in the Middle East, especially in the Arabian Peninsular - have such great and noble laws as Yemen: refugees from neighboring countries are much better protected here; those suffering from HIV/AIDS are, too, better protected and served here than in most of our neighboring countries; and now - these new laws which mainly protect children and women, have been passed. Thanks to our legislators. We owe it to them; all that remains is to enforce these great and very noble laws and make them work.
Comments
Alimony is also described in shariah, it's her mahr. Anything beyond that is a transgression unless the husband chooses to do so out of free will.
And far as custody of the child is concerned, again sharia gives it to the mother till the child is 7 and then the father becomes the guardian.
I fail to see why we do have come with new rules, especially those that violate sharia? We wonder why the ummah is falling part, if the ummah chooses to follow man-made laws than the Quran and sunnah, what does one expect will happen?
AlAmoodi: Sharia is most noble and excellent, but during my whole life time, I do not know anywhere - where it has been properly enforced. For Sahria to work, first - all forms of 'dhulum' (injustice) should be removed. Completely removed.
For Noujood and the many girls like her to be forcibly married without their consent, to old pot-bellied men, is cruel and the worse 'dhulum' one can imagine. And when I look around wherever I go in the Muslim World and see how women are being used and trampled upon - it hurts very much.
Consider and compare how The Prophet treated and related to his wives and daughters? How many husbands can be as good and caring to their wives as he was to Khadija or Aisha or any of the others? How many fathers can be that good and respectful to their daughters as he was to Fatma?
I don't know of any. If Sharia is properly enforced, without it serving some other ulterior interests and motives: Muslim men would emulate The Prophet as husbands and fathers. Leaders would emulate him in how they treat their populace and citizenry. Their would be no hunger or poverty in our societies. Their would be fairness, justice and mercy.
Sharia delivers justice, that's the whole point. We will have to enforce these laws, they are not going to achive their goals if they r just rules on paper. Putting justice before sharia is like putting the wagon before the horse.
I did rather put justice before corrupted Sharia.
SF: In The Prophet's Household women had the highest regards and respect from Rasool Lal Lah. Real Sharia would provide such dignity for women. But the corrupted Sharia that many have tried to enforce have been completely contrary to the Sunnah: under age girls are forced into marriage; women are treated in many Muslim households no better than slaves or servants; girls are not allowed to go to school - this, very contrary to how Rasool Lal Lah encouraged women to have education.
As you point out - very unfortunately - the corrupted Sharia some are trying to enforce now is purely for selfish purposes and goals. Not the Rasool Lal Lah or Omar Bin Abdul Aziz way.
The West is putting pressure on countries such as Yemen to implement laws to the taste of their pressure groups ("women's rights").
Monotheistic faith not only states that the Creator is a god. It also states that the Creator is the only god.
From there, it is also clear that the Creator is not just one particular law maker. No, in the eyes of the believer, the Creator is the only law maker.
Therefore, it is not just this law that is invalid in the eyes of the believer. It is all the self-created, man-made laws that are invalid.
Therefore, we are gradually evolving to an increasingly violent and absolutely inevitable stand-off between believers and non-believers.
On the negotiation table lies the core issue: non-believers cannot impose their self-made laws unto believers.
Given the fact that war is just the continuation of the negotiations by other means, the negotiators will keep coming back to the negotiation table.
Depending on the military successes of both sides, the concessions asked and the concessions given will be different.
In Somalia, the western-appointed government is offering Sharia. The insurgents refuse. After years of war and growing distrust, it is no longer enough.
I suspect every muslim country will eventually end up overthrowing governments based on self-made, man-invented laws.
I somehow sense that this outcome will be eventually inevitable.