MARRIAGE CUSTOMS IN AFGHANISTAN

Valid and invalid customs pertaining to marriage in Afghanistan

What is marriage

◦ Marriage in Islamic law is a legal bond and social contract between a man and a woman

Conditions of valid marriage according to shariah law are:1) Consent of both parties (man and woman)2) Mahr “a gift from the groom to his pride3) Witnesses: two male or one male and two female

◦ Afghanistan consists of different ethnic groups who are practicing and having different traditions and customs

◦ Some of the customs being practiced are in line with teaching of Islamic law while some of them contradicts basic laws of shariah.

◦ Some cases of these practices are:Forced marriagesHigh cost of wedding ceremoniesHigh dowry and bride priceExchange marriage (Baadal marriage)Compensation (Baad)Collective marriageTemporary marriage ( there is no evidence of practicing such marriage and is illegal in Afghanistan so I am

not focusing on this types of invalid marriage (according to Ahl- Sunnah it is invalid but some shitte faction practice this marriage)

1. Forced Marriage

Forced Marriage◦ Men and mostly women are given in marriage without their consent◦ Marriage contract is done between the families of both sides not between woman

and man.◦ This practice is invalid in Islam as prophet pbuh says : virgin should not be given

in marriage until her permission has been sought◦ Forced marriages have very different consequences and the victims may commit

suicide

2. Costly wedding ceremonies

◦ Wedding ceremonies vary from one region to another region◦ Mostly depend on the financial situation of individual families◦ However wedding ceremony underscores the key position of marriage and

normally entails a considerable financial burden on groom therefore he has to borrow to cover his costly wedding ceremony.

◦ Inviting hundreds of families by bride family amounts to injustice and is an act of extravagant which is forbidden in Islam as Allah swt says in surah ash shuraa verse 151 : and do not obey the command of extravagant.

3. Dowry and bride price

◦ According to Islamic law and afghan civil law the woman who enters into marriage shall have a dowry (mahr)

◦ Dowry should remain the woman’s separate property and is provided as security in case of the husband dies or request divorce

◦ However, instead of brides, their parents receive mahr and does not give her money back which is contrary the spirit of Islam

◦ The high bride is an armful traditional practice which in the context of poverty and destitution leads to forced and underage marriage, selling of girls and high level of domestic violence

4. Exchange marriage or Baadal marriage◦ Baadal is an agreement between two families on exchanging daughters or other

family members through marriage◦ In baad marriages the daughter of the parties is married into other party’s family

and vice versa◦ In most cases it leads to domestic violence ◦ Poverty and destitution are causes of baadal marriage◦ Families are not much care about fulfilling the conditions of valid marriage. For

example in most cases the do not consider the consent of man and woman or do not pay mahr

5. Compensation ( Baad )◦ The most dangerous custom practiced by rural areas ◦ Baad marriages are agreements concluded as a consequence of a family

acknowledging the responsibility to compensate the victim of a crime◦ It involves giving young girls to victims' family◦ Baad marriages will result in domestic violence, physical and mental torture of

innocent girl (as they want to take revenge) from the son’s family side.◦ So this practice may lead to murder of innocent person and it is invalid .

6. Collective Marriages

◦ A collective or mass wedding is a marriage ceremony in which several couples are married at the same time at the same place

◦ Mass marriage will reduce the high cost of weeding as a result groom will not sink in debt.

◦ Normally pays a small amount as dowry in order to satisfy the conditions of valid marriage

◦ All costs are covered by generous businessmen or shared between multiple families

◦ In line with teachings of Islam and will lead to a happy life