Sunday, February 26, 2012

Importance of Study:
Marriage is a social contract between two individuals that unites their lives legally, economically and emotionally. It can also be defined as:
Marriage is a social institution under which a man and woman establish their decision to live as husband and wife by legal commitments and religious ceremonies etc. [1]
The Collins Paperback English Dictionary states under the heading of marriage: ‘The contract made by a man and a woman to live as husband and wife’.
The Hutchinson Encyclopedia states: ‘...Legally or culturally sanctioned union....’[2]
Another definition of marriage is: the lawful union of one man and one woman to the exclusions of all others.[3]
William Stephens define marriage as:
Marriage is a socially legitimate sexual union, began with a public announcement and undertaken with some idea of permanence; it is assumed with a more or less explicit marriage contract, which spells out reciprocal obligations between spouses, and between spouses and their future children.[4]

Due to materialistic approach, cultural and social influences, concept of high and low caste system and so called status system modified the marriage contract and altered it altogether in some cases. This sacred contract turns in to an evil practice and an evil contract due to social and cultural influences. The ignorant people neglected the vital condition of Kafu (Equality in marriage) and create hardships in their lives. The demand of Dower and Luxurious Dowry created hurdles in the union of man and woman in the sacred contract of marriage.
Marriage with Quran is a brutal practice which is prevailed in most of the areas of Pakistan. It is practiced in Sindh by the feudal and landlords who want to deprive their females of their share in inheritance or don’t find the man of equal status for their daughters and sisters. They want that their women remain in their family and the property must not go outside the family. So they conduct marriage of their females with Quran. In this a woman is taught Quran and afterwards she lives with the Quran and don’t get married throughout her life and live a life of nun like females do in Christianity.  This is known as marriage with the Quran.[11]
In the prevention of Anti Women Practices (Criminal law amendment) Act 2011, a new chapter of offence against women has been inserted. The new law prohibit forced marriage and  marriage with Quran and a person forcing a women to do this would be punished with imprisonment of seven years and not less then three years and a fine of 0.5 million.[12]
The law is constituted and punishment is settled but it is not enough as it will not eradicate this practice until and unless the awareness is created in the ignorant people and the awareness can be created through media by religious scholars.

[3] Dayzenhaus.David, Law and morality: readings in legal philosophy: Edi.3, Toronto, university of Toronto Press, 2007.p.458.
[4] Lee. Gary R, Family structure and interaction: a comparative analysis: Edi.2, U.S.A, University of Minnesota press, 1982.p. 74.

[5] Al-Quran, 4:21.
[7] Al-Quran, 30:21
[8] Hasyim.Syafiq, Understanding women in Islam: an Indonesian perspective:  Edi.1, Indonesia, Solstice publishing,2006, p.99.

[10] Al-Bukhari, Vol.7, Book 62, No. 4.


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