The socio-legal perspectives of child marriage in Zanzibar

This paper seeks to discuss the practice of child marriage in Zanzibar community as an existing culture. The custom treats child marriage as one of the accepted forms of marriage in Zanzibar. However, this practice is not in compliance with the international laws. With the change of time, the child...

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Main Authors: Omar Hamdan, Sikujua, Che Soh @ Yusoff, Roslina, Mohd Zin, Najibah, Abdul Hak, Nora
Format: Proceeding Paper
Language:English
English
Published: 2018
Subjects:
Online Access:http://irep.iium.edu.my/65466/
http://irep.iium.edu.my/65466/1/Sikujua%20ICLAS%207.pdf
http://irep.iium.edu.my/65466/7/65466_THE%20SOCIO-LEGAL%20PERSPECTIVES%20OF%20CHILD.pdf
_version_ 1848786394631110656
author Omar Hamdan, Sikujua
Che Soh @ Yusoff, Roslina
Mohd Zin, Najibah
Abdul Hak, Nora
author_facet Omar Hamdan, Sikujua
Che Soh @ Yusoff, Roslina
Mohd Zin, Najibah
Abdul Hak, Nora
author_sort Omar Hamdan, Sikujua
building IIUM Repository
collection Online Access
description This paper seeks to discuss the practice of child marriage in Zanzibar community as an existing culture. The custom treats child marriage as one of the accepted forms of marriage in Zanzibar. However, this practice is not in compliance with the international laws. With the change of time, the child marriage has now taken a different shape and treated as “forced marriage”, or is popularly known as “Ndoa za Mkeka” in Zanzibar. The paper examines the reasons and the consequences of forced marriage and its impact on various issues faced by children in Zanzibar such as early pregnancy, school dropouts, poverty and health issues. Although it is against the socio-economic trends according to the international standard, to some extent, this practice of child marriage is still accepted by many as they claim it is not against the Shariah percept. The methodology adopted in this paper is based on the content analysis of reports, leading textbooks, journal articles as well as structured interviews that have been conducted with the relevant people in Zanzibar. It concludes with a series of recommendations and suggestions for improvement in regulating the practice of child marriage in Zanzibar.
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institution International Islamic University Malaysia
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language English
English
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publishDate 2018
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spelling iium-654662018-09-20T02:47:41Z http://irep.iium.edu.my/65466/ The socio-legal perspectives of child marriage in Zanzibar Omar Hamdan, Sikujua Che Soh @ Yusoff, Roslina Mohd Zin, Najibah Abdul Hak, Nora HQ503 The family. Marriage. Home K Law (General) KBP524 Aḥwāl shakhṣīyah This paper seeks to discuss the practice of child marriage in Zanzibar community as an existing culture. The custom treats child marriage as one of the accepted forms of marriage in Zanzibar. However, this practice is not in compliance with the international laws. With the change of time, the child marriage has now taken a different shape and treated as “forced marriage”, or is popularly known as “Ndoa za Mkeka” in Zanzibar. The paper examines the reasons and the consequences of forced marriage and its impact on various issues faced by children in Zanzibar such as early pregnancy, school dropouts, poverty and health issues. Although it is against the socio-economic trends according to the international standard, to some extent, this practice of child marriage is still accepted by many as they claim it is not against the Shariah percept. The methodology adopted in this paper is based on the content analysis of reports, leading textbooks, journal articles as well as structured interviews that have been conducted with the relevant people in Zanzibar. It concludes with a series of recommendations and suggestions for improvement in regulating the practice of child marriage in Zanzibar. 2018 Proceeding Paper NonPeerReviewed application/pdf en http://irep.iium.edu.my/65466/1/Sikujua%20ICLAS%207.pdf application/pdf en http://irep.iium.edu.my/65466/7/65466_THE%20SOCIO-LEGAL%20PERSPECTIVES%20OF%20CHILD.pdf Omar Hamdan, Sikujua and Che Soh @ Yusoff, Roslina and Mohd Zin, Najibah and Abdul Hak, Nora (2018) The socio-legal perspectives of child marriage in Zanzibar. In: 7th International Conference on Law And Society (ICLAS 7), 11th-13th April 2018, Kota Kinabalu, Sabah. (Unpublished) https://iclas2018.org/parallel-sessions/
spellingShingle HQ503 The family. Marriage. Home
K Law (General)
KBP524 Aḥwāl shakhṣīyah
Omar Hamdan, Sikujua
Che Soh @ Yusoff, Roslina
Mohd Zin, Najibah
Abdul Hak, Nora
The socio-legal perspectives of child marriage in Zanzibar
title The socio-legal perspectives of child marriage in Zanzibar
title_full The socio-legal perspectives of child marriage in Zanzibar
title_fullStr The socio-legal perspectives of child marriage in Zanzibar
title_full_unstemmed The socio-legal perspectives of child marriage in Zanzibar
title_short The socio-legal perspectives of child marriage in Zanzibar
title_sort socio-legal perspectives of child marriage in zanzibar
topic HQ503 The family. Marriage. Home
K Law (General)
KBP524 Aḥwāl shakhṣīyah
url http://irep.iium.edu.my/65466/
http://irep.iium.edu.my/65466/
http://irep.iium.edu.my/65466/1/Sikujua%20ICLAS%207.pdf
http://irep.iium.edu.my/65466/7/65466_THE%20SOCIO-LEGAL%20PERSPECTIVES%20OF%20CHILD.pdf