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Posted on January 29, 2010 at 06:20:02 PM by mb2
Saudi Arabia to announce new law on marriage - that will not undermine Shari'a law
January 29, 2010
Its likely a 'don't hold your breath'. A top cleric in Arabia said that it was possible to marry a child as young as one years old. In the Shia tradition a man is allowed to have a sexual relationship [non-penetration] with a child as young as two. And it lays out specific ways in which this is to be carried out - and what he should do once the girl comes of age. For example if he penetrates the child when she is older - he should not marry her but keep her as a concubine. But if he has relations without penetration - then he should see that she is married off.
Muslims often overlook the fact that Muhammad's younger wife - who he married at six and had relations with at nine - could bear no children - may have suffered damage because her body would not have been ready for this relationship. Additionally - if the child's age was measured on a Muslim calendar - could the child have been even younger?
Riyadh: Saudi Arabia will soon announce a new law to deal with the problem of underage marriage, according to Shaikh Saleh Bin Humaid, chairman of the Saudi Supreme Judiciary Council.
"We will take the best from judicial systems across the world," he said, while reaffirming that this would not undermine the fundamentals of Islamic Shariah law, which forms the basis of the kingdom's judiciary.
High ranking Saudi judicial delegations would soon embark on a wide tour of several European and Arab countries, Bin Humaid told Gulf News yesterday.
"The delegations will examine closely the salient features of the judicial systems prevalent in those countries. We will adopt many provisions in these systems, in line with the basic Shariah principles," he said.
Bin Humaid, the top figure in Saudi judiciary, also underscored the independent and impartial nature of the kingdom's judiciary.
"We have set up specialised courts to deal with cases related with commercial disputes, labour problems, criminal and civil matters and traffic issues," he said while unveiling the salient features of the project of King Abdullah Bin Abdul Aziz, for making the judiciary more effective and transparent.
Meanwhile, a number of Saudi and foreign legal experts told Gulf News that the most important steps taken by the government of Saudi Arabia to improve the judicial system was the project for improving the efficiency and competence of judges in quantity and quality, and introduction of highly advanced technologies in expediting the judicial process.
Noted Saudi lawyer Naif Al Otaibi said that the kingdom's drive to overhaul the judicial system is one of the landmark projects being implemented by the government.
On his part, Rafa'at Basyuni, an Egyptian legal consultant, underlined the need for taking advantage of all the regulations pertaining to human rights while overhauling the kingdom's judicial system.
http://gulfnews.com/news/gulf/saudi-arabia/saudi-arabia-to-announce-new-law-on-marriage-1.575315
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