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Home Child Law

How A Former Child Bride Got A Fatwa

Lucy Garcia by Lucy Garcia
August 24, 2022
in Child Law
0

Jaha Dukureh became having breakfast along with her friends while the concept came to her. She desired Muslim clerics to deliver a fatwa against infant marriage – a spiritual opinion issued using one or more Islamic prison students. It changed into June 18, the remaining day of the African Summit on Female Genital Mutilation and Child Marriages in Dakar, Senegal. Dukureh, a Gambian girls’ rights activist and founder of the nonprofit Safe Hands for Girls, became the event’s lead organizer.

It was a venture to get the summit off the ground. “We didn’t have a whole lot of sources to drag this together. Everywhere we searched for cash for the summit, we had loads of humans tell us no,” Dukureh says. But she felt the conference became vital: Nearly 800 million human beings alive these days have been married as kids, in keeping with UNICEF. Even though baby marriage is against the law in maximum countries and is considered a human rights violation with the aid of the United Nations, many groups still remember its part of a spiritual or cultural subculture.

At her early morning breakfast, Dukureh knew that her hard work had paid off. Hundreds of people attended the 3-day occasion, including Phumzile Mlambo-Ngcuka, govt director of U.N. Women, who had referred to as for a cease to baby marriage and female genital mutilation at the opening plenary. In addition, severa Islamic leaders attended and spoke out to sentence toddler marriage. And that is vast, Dukureh says. Even although Muslim leaders worldwide have attempted to cease the practice, several Muslim-majority international locations have distinctly high rates of infant marriage (as do different international locations). And even in nations where the exercise is banned, the authorities may make exceptions for “unique cases.”

Child

Other fatwas have been issued towards toddler marriage. ““This isn’t the primary time in Islamic records,” says Salma Waheedi, partner director at the Program on Law and Society in the Muslim World at Harvard University. But Dukureh hoped to bolster the message by obtaining a fatwa from a delegation of 5 imams at the conference, inclusive of Saleh Abbas, deputy grand imam of Egypt’s prominent Al-Azhar University.

Such a fatwa would be “specific due to the fact the fatwa is coming from a major group like Al-Azhar, which consists of several weights inside the Islamic global,” says Waheeda. It would now not convey on-the-spot change. A fatwa is non-binding, which means imams can not put into effect in communities. But during history, fatwas had been issued with a watch toward guiding Islamic regulation and civic existence.

At breakfast last Wednesday, Dukureh excused herself and determined her friends at the summit: Aya Chebbi, a teenagers envoy for the African Union, and Abdalaziz Al Hamza, a Syrian journalist. “I told them, permits go to the imams [Muslim religious leaders] and notice if it really is something we should push.”

The delegation of imams agreed that a fatwa turned into warranted. Over the subsequent four hours, they labored with Dukureh and her associates — all of them young advocates for ladies’ empowerment — to write down the textual content of the fatwa and translate it from Arabic to English and French. They drove the conference’s ultimate ceremony from 9 a.M. To 1 p.M. That’s when Abbas introduced the fatwa in opposition to toddler marriage to the conference attendees.

“Marriage in Islam is primarily based on the consent of each event, specifically the younger lady,” the fatwa starts. “The age of 18 marks the degree at which a woman can choose validly explicit her will to marry.” 18 is the age taken into consideration, perfect for marriage in keeping with the U.N. The fatwa further notes that child marriage cuts quick a lady’s adolescence and may prevent her from pursuing training. Watching the imam announce the fatwa become “a lovely thing,” says Nimco Ali, who has labored with Dukureh for years and co-founded father of the Five Foundation, which companions with Dukureh’s organization and objectives to give up FGM.

Ali hopes that the fatwa may want to affect Islamic international locations with excessive rates of infant marriage. But, she notes, the paintings are far from over. Now that online media have blanketed the fatwa, the undertaking is to spread the word approximately it “at the ground,” she says. For instance, in northern Kenya, which is closely Muslim, “where [child marriage] is big, this fatwa might have a massive impact. But it must be local humans handing over [the message] to their communities and delivering in their language.”

That’s what happened in Indonesia last 12 months, says Salma Waheedi of Harvard. A fatwa towards baby marriage “mobilized good sized attention in Southeast Asia.” Keith West and Alain Labrique, professors at Johns Hopkins Bloomberg School of Public Health who work on toddler marriage and related fitness troubles in Bangladesh, agree that the fatwa’s impact may be great. “At the very least, it provides a guide for [groups] which might be running to impact this longstanding cultural exercise,” Labrique says. They each say that the aid of religious leaders is fundamental when fighting a longstanding cultural practice like child marriage.

But considering a fatwa is non-binding, there’s no way to expect its impact, particularly in conservative groups. “You can not trade cultural practices in a single day,” he says. Dukureh is determined to keep running for alternate. To her, child marriage isn’t always just trouble. It’s a part of her private history. Her family married her off as a toddler twice, first at 15 and then, after a divorce, at 17.

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Lucy Garcia

Lucy Garcia

I am a lawyer who is passionate about writing. I am currently working as a legal consultant at a leading law firm and also a contributor at a well-known blog. I like to write about my experience of being a lawyer and I hope people will benefit from my writing.

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