The autonomous marriage, thriving on individual choice, is perceived to be the ideal marital system, while the arranged marriage, supported by traditional kin authority, is not considered ideal.
From this binary, both marital systems are not viewed neutrally. 1 While a comparison of the arranged marriage to the autonomous marriage should be an unbiased one, the contrary is true. In this literature the arranged marriage is compared in a binary to the autonomous marriage. There is a tendency in academic literature to view the arranged marriage from the lens of the autonomous marriage. As such, this study hugely contributes to an unbiased understanding of the arranged marriage and changing arranged marriage patterns and is a valuable reading for those interested in marriage, marital systems and the future thereof. The author argues that it is vital to first understand the traditional structures of the arranged marriage, before one can understand modernizing tendencies the arranged marriage system is currently undergoing. This analysis highlights and critically examines social principles fundamental to the arranged marriage system and which are much misunderstood, such as hierarchy, patriarchy, collectivism, group loyalty and the role of parental and individual marital consent. While this analysis zooms in on the case study of one particular focus group, the British Pakistani diaspora, it reveals broad insights into the arranged marriage system in general. Readers are invited to an in-depth and rigorous analysis of the foundations upon which the arranged marriage system rests. The author encourages readers to break this frame and offers a neutral perspective on this traditional marital system practised by billions around the world. As a result, the arranged marriage is perceived to be a “marriage of shortcomings”, one that fails to meet the standards of the free-choice marriage system.
#Are arranged marriages legal free#
It considers the free choice marriage to be the ideal. Instead, the arranged marriage is often analysed through the lens of the modern free choice marriage system.
#Are arranged marriages legal full#
This in turn, we hope, will eventually help to create a change in people’s attitudes and beliefs towards forced marriage.Īlongside a legal framework, the proper support, prevention, education and enforcement is also required.This research asks one simple question, a question many studies on the arranged marriage omit to ask, namely “What exactly is the arranged marriage?” Author Naema Tahir, born and bred in the arranged marriage culture, but educated in the free-choice marriage culture, argues that much literature on the arranged marriage fails to offer full exploration of this traditional marital system. Criminalisation aims to send out a strong public message that forced marriage is socially and legally criminal in act and in the intention. To prevent a forced marriage from occurringĪn estimated 8,000 young women a year are forced into marriages.Īfter a 12-week consultation which took views form the public, victims, charities and frontline agencies the majority of people agreed that forcing someone to marry should be a criminal offence. If the person the order is made against disobeys it they can be prosecuted for breach of a court order and sentenced for up to two years.įorced Marriage Protection Orders (FMPO) have been used: This will help the police arrest a person who does not obey a court order that has a power of arrest attached.
The court can also add a power of arrest, when violence is threatened or used.
The court can make an order in an emergency so that protection is in place straightaway that prevents any action that someone might take to force you in to marriage.įorced Marriage Protection Orders were introduced in 2008 for England, Wales and Northern Ireland under the Forced Marriage (Civil Protection) Act 2007.Ī Forced Marriage Protection Order (FMPO) can protect you whether you are being forced into marriage or you are already in a forced marriage.
The aim of the order is to protect both adults and children who have been, or are being forced into marriage against their wishes. When one or more parties do not consent to the marriage or consent is obtained using duress.
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