Championing Women’s Rights: Ending Forced Marriages

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KORONADAL CITY (MindaNews / 7 March) – In celebration of Women’s Month, a women’s group reminded the public that the dignity and rights of women – whatever their cultural or traditional affiliations – must be upheld at all times.

The LILAK Purple Action of Indigenous Women (LILAK) issued the pronouncement following the fatwa (religious edict) issued by Islamic jurists in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).

The Bangsamoro Darul-Ifta (BDI) ruled that forced marriage of the victim with her rapist is not permissible.

LILAK pointed out that rape is a heinous crime and an act of violence and a flagrant exercise of power over women, hence the perpetrator must not be absolved of his crime through forced marriage.

“A (victim’s) marriage to the rapist, in any context or circumstance, is abhorrent. It will be a continuing act of violence – psychological, emotional, and physical,” it said when sought for comment.

In a statement sent to MindaNews, LILAK stressed that no woman and girls should be forced to marry a person that she doesn’t wish to marry.

“Marriage is a commitment and should be a consensual process from both parties,” it said.

LILAK noted that forced marriage is a crime in itself that forces women to be more vulnerable to abuse and violence, citing Republic 11596 (anti-child marriage law) which protects children from the practice of arranged marriage.

Child marriage remains persistent in the Bangsamoro region, mainly driven by pre-marital relationships and poverty, according to a UNICEF study released last December.

Sheik Abdulrauf Guialani, the Bangsamoro Grand Mufti (top Islamic jurist), said the BDI made the ruling on forced marriage with a rapist after the issue was raised before the body.

“It is not permissible in the Islamic Shari’ah to compel a woman to marry the man who assaulted and raped her,” stated the fatwa dated February 13, but which was released last week.

“Doing so would impose upon her two heavy burdens: first, the trauma of the rape itself and the psychological and physical harm it causes; and second, the lifelong obligation of being tied to the perpetrator of that crime as (his wife), which is among the most unbearable situations for a woman in her marital life,” it added.

The fatwa noted that marriage of a victim to the rapist is permissible if the former consents to the marriage.

“However, if she does not consent, no one, whether her guardian or anyone else, is allowed to force her to marry someone she does not want,” the fatwa pointed out.

LILAK asserted that a man who commits rape must be held accountable, and should not be condoned.

“Crimes committed against women should not be masked by culture and tradition anymore. It is the month of Women’s March and it serves as a constant reminder for all of us that violence against women and girls continues to happen even within our homes,” it said.

Women’s March is a global, feminist-led movement seeking to end sexism, sexist exploitation, and oppression. (Bong S. Sarmiento / MindaNews)

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