By
Ghulam Ghaus Siddiqi, New Age Islam
14
September 2021
Let Us
Stop Participating In Marriages Based On Forced-Dowry Transaction
Main Points
1. Forced dowry
is still practised on a large scale in our society, with dreadful consequences
that make the human soul shiver
2. The
amendments in Indian criminal law constitute a sincere effort by legislators to
prevent dowry-related crimes, yet widely criticised as unsuccessful
3. All fellow
citizens should stop participating in the marriage based on dowry transaction
4. The qazis
should also forbid performing such marriages
5. The ideal Nikah,
according to a hadith, is one in which the least amount of money is spent
6. The basic
purpose of marriage is to create an atmosphere of mutual love and affection
between men and women; yet, dowry greed frequently results in animosity
-----
In our country,
India, whether in a Muslim or non-Muslim community, the establishment of a pure
bond such as marriage is regarded to be based on superstitions and rituals that
are not only nonsensical but also have the potential to wreak havoc with human
existence. The relationship becomes bitter and unbalanced if this does not
happen for any reason. Because of these heinous ceremonies, the marital
contract is rendered conditional as if the perfect solidarity and a friendship
between the man and woman are feasible only when these rituals are done.
One of the
worst of these ceremonies is forced dowry, in which the boys demand that you
give them so much money, so many items, or so-and-so car, so-and-so jewellery
in exchange for your daughter's hand in marriage. Otherwise, our boy will be
unable to form a relationship. In several provinces and countries, the girl
side makes such a demand. If the other party pays the required cash and goods,
the marriage will take place; otherwise, it will not. This matter is in no way
less than bribery.
According
to Islamic history, no nation in the dark ages made it mandatory to undertake
anything that is haraam and forbidden, such as bribery, without which marriage
would be impossible.
However, it
is a sad tragedy of the modern age of mental inferiority and narcissism that a
pure relationship like marriage has become a very easy source of income in the
form of forced dowry because of the rising emphasis on collecting bribes in
marriage contracts. From a humanitarian and Islamic standpoint, putting
financial pressure on a man's or a woman's family before or after marriage to
the point where, if the demands are not met, the marriage relationship will be
forcibly broken or obstacles will be created in a way that will prevent the
marriage from taking place. This is the worst kind of bribery demanded. Hardly
can any wise person doubt that it is illegal.
Forced
dowry is still practised on a large scale in our society, with dreadful effects
that make the human soul shiver. How many families are on the point of being
destroyed as a result of this extortion? Every day, the news reports on women
who committed suicide because they were fed up with their oppressed existence
and that it sparked animosity and conflict in many households.
However,
there is no movement against the curse of forced dowry that may awaken man's
moral sentiments in such a way that nature itself is filled with anger and
disdain. Although some voices have been raised, the moral sense has died.
One of the
primary goals of marriage is to foster an atmosphere of mutual love and
affection between men and women so that life can be enjoyed in peace, free of
inadequacies and bitterness. According to the Holy Qur'an:
“And among
His signs is that He created spouses for you from yourselves for you to gain
rest from them, and kept love and mercy between yourselves; indeed in this are
signs for the people who ponder”. [30:21]
The second
major reason for marriage is that man is more than an animal; he has numerous
characteristics and powers that impose moral obligations on him, therefore he
must protect his chastity by remaining within his acceptable bounds. Is it
possible for a sensible person, to renounce these two goals?
I'm not
referring to the amazing work of human beings who, despite their claims to
intelligence and wisdom, do not want to keep man above the level of animality,
but instead, declare him a sophisticated animal, allowing him to fulfil his
sexual desires in an illegitimate manner.
In the
light of these two goals, we might conclude that the scourge of forced dowry is
a roadblock in their path. As a result, the woman suffers from mental illness
and commits suicide. This is the misfortune that befalls the wife of the
husband's family, who becomes enraged by their persecution and commits suicide
by burning herself alive.
The Dowry
Prohibition Act of 1961, which went into force on July 1, 1961, was the first
all-India legislative statute pertaining to dowry. It was the start of a new
legal framework of dowry harassment laws that effectively outlawed the demand,
giving, and taking of dowry. Although it is against the law to provide a dowry,
it is nonetheless usual in many parts of India for a husband to seek a dowry
from the wife's family, which can lead to extortion and violence against the
wife.
In 1983,
two provisions – section 498A of the Indian Penal Code and Section 198A of the
Criminal Procedure Code – were added to the Indian criminal code to reinforce
the anti-dowry law and prevent cruelty by the husband or his family towards the
wife. The Protection of Women from Domestic Violence Act was passed in 2005,
adding another layer of protection against dowry harassment. Despite the fact
that the amendments in Indian criminal law constitute a sincere effort by
legislators to prevent dowry-related crimes, and despite the fact that they
have been in existence for many years, they have been widely criticised as
unsuccessful.
Some may
argue that anti-dowry laws are ineffective since, notwithstanding the rules,
daughters' marriages cannot be expected without a dowry payment because the
evil of dowry is widespread. Angry wives, on the other hand, have been observed
utilising anti-dowry harassment laws as weapons rather than shields. Some women
have been accused of fabricating and exaggerating accounts of abuse in order to
use anti-dowry harassment legislation to seek retribution on their husbands and
matrimonial families.
Anti-dowry
laws can punish criminals, but they can't guarantee the girls' marriage because
the parents are often unable to sit down and discuss marriage without
mentioning dowry payment. The people's mentality has been tainted as a result
of it. Consider the case of a boy and a girl whose parents were planning to
arrange their children's marriage. When the boy's parents, who were
well-educated and came from a good family, informed the girl's parents during
the affair that they would not accept the dowry, the girl's family refused to
establish the relationship, believing the boy had some flaw.
Given the
gravity of the situation, it is up to our fellow citizens to put an end to the
affliction of dowry and develop a variety of awareness programmes. They should stop
participating in marriage based on dowry transactions. The qazis should also
forbid performing such marriages. Boys and girls should be taught that dowry
should not be taken or given under any circumstances. They should be made to
think that dowry is a bad curse and a disaster. It is compulsory for all of us
to wake up and eliminate the culture of the forced dowry because of which our
societies are in a state of powerlessness.
The Prophet
(peace be upon him) is reported to have said that the ideal Nikah is one in
which the least amount of money is spent. Those who can afford to offer dowry
should be the first ones to speak out against it and explain to the groom's
family that it is not an Islamic custom.
...
A regular Columnist with NewAgeIslam.com, Ghulam
Ghaus Siddiqi Dehlvi is a Classical Islamic scholar and English-Arabic-Urdu
Translator.
URL: https://www.newageislam.com/islamic-society/forced-marriage-dowry-muslims/d/125356