5. Rethinking the Relationship between Child Marriage and Failed Infrastructure during the Syrian Conflict

2021 ◽  
pp. 79-96
2015 ◽  
Vol 2015 ◽  
pp. 1-9 ◽  
Author(s):  
Jayakant Singh ◽  
Enu Anand

Summary. We investigated the relationship between child marriage among young women and their level of empowerment with spousal physical violence in two culturally distinct states of India (Bihar and Tamil Nadu) using nationally representative survey data. Empowerment index was calculated taking into account parameters such as mobility, economic independence, and decision-making power of a woman using Principal Component Analysis method. Lower level of women empowerment was significantly associated with physical violence in Tamil Nadu (OR = 2.38, p<0.01) whereas marriage before the age of 15 was associated with physical violence in Bihar (OR = 3.27, p<0.001). The mean age at marriage was low among women who reported physical violence as compared to those who did not report physical violence across Bihar and Tamil Nadu and at all India level. Although the majority of the women in Tamil Nadu justified wife beating and witnessed father beating mother as compared to the women from Bihar, however, they were less likely to report physical violence than women from Bihar. Factors contributing to physical violence are distinct in Bihar and Tamil Nadu. Culture specific intervention may be considered while planning intervention strategies to curb spousal violence against women.


2021 ◽  
Vol 6 (1) ◽  
pp. 41-55
Author(s):  
Josua Navirio Pardede ◽  
Wigati Taberi Asih ◽  
Thogu Ahmad Siregar

Regulation on the age limit for a marriage through Act No. 16 of 2019 is based on the spirit of anti-discrimination and protection of children's rights from the adverse effects of child marriage. However, the efforts to complicate and prevent child marriage has yet to have a significant impact on reducing the rate of child marriage in Indonesia. This condition is occurred by the high level of applications for marriage dispensation that are granted by the court. Hence, the construction of the judge's reasoning in observe the relationship between the substance of the law and the reasons for proposing marriage dispensation is one of the most vital and influential elements. The positivism-legism legal reasoning used in understanding of Act No.16 of 2019 is considered to be the cause of the malfunction of the regulation in protecting and guaranteeing children's human rights. By using doctrinal legal research methods, this research produces a conceptual analysis in the form of a meta-juridical critique on positivist legal reasoning which tends to lead to the legism when trying to understand the objectives of Act No. 16 of 2019 and proposes a progressive legal notion as an ideal reasoning framework in producing decisions on applications for dispensation of marriage that have a perspective on the protection and guarantee of children's rights.


Author(s):  
Esther González Gea

Resumen: El 3 de septiembre de 2015 muchos medios de comunicación amanecían con alguna de las imágenes tomadas a un niño sirio muerto en playas turcas tratando de huir de un país en guerra. El retrato del niño en cuestión, Aylan Kurdi, en primer plano con el rostro semioculto en la arena, viralizó en la red transformado por el clamor popular en forma de pequeños homenajes o mordaces críticas a la labor de Europa en el conflicto. Por un tiempo, pareció que el rumbo podía cambiar. El presente texto, parte de la relación establecida entre fotografía y guerra, para posteriormente ahondar en por qué esta representación y no otras acabó convirtiéndose en imagen icónica del conflicto sirio.   Palabras clave: Fotografía, guerra, Siria, Aylan Kurdi, imagen viral   Abstract: On 3 September 2015, many media outlets were dawning with some images taken of a Syrian boy killed on Turkish beaches trying to flee a country at war. The portrait of the child in question, Aylan Kurdi, in the foreground with his face half hidden in the sand, was transformed by the popular outcry into a small tribute or a scathing criticism of Europe's work in the conflict. For a while, it seemed like the course could change. This text, based on the relationship between photography and war, explores why this representation, and not others, became an iconic image of the Syrian conflict.  Keywords: Photography, war, Syria, Aylan Kurdi, viral image


2011 ◽  
Vol 5 (1) ◽  
pp. 33-92
Author(s):  
Carolyn Baugh

In the Hanbal? fiqh manual the Mughn?, Ibn Qud?mah (d. 620/1223) claims consensus (ijm?’) of the scholars of Islamic Law regarding a father’s ability to compel his prepubescent daughter to marry against her will, provided it is to a suitable match. This paper explores Ibn Qud?mah’s claim by investigating the contours of consensus- writing on child marriage. It looks first to the primary transmitter of early consensus (Ibn al-Mundhir, d. 318/930)—who is cited as a source of consensus throughout al-Mughn?—then at three other writers who focused on Ijm?’ (al-Marwaz? (294/906), al-?a??w? (321/933), and Ibn ‘Abd al-Barr (463/1070). This discussion explores the relationship between early claims of consensus and the proof texts upon which they relied. The paper highlights the influence on this topic of al-Sh?fi’?, whose arguments in support of compulsion of female minors in the Umm changed the discussion irrevocably. Finally, it illustrates how, unlike the Sh?fi‘?s, early M?lik? and ?anaf? texts did not rely upon the unit tradition regarding ‘?’ishah’s marriage to the Prophet. When jurists began relying upon the report of ‘?’ishah as a proof text for this issue, its veracity itself became a topic of consensus. In the hands of Ibn ?azm (465/1072), and with that report as his basis, child marriage shifted from an issue applying equally to both children to an issue pertaining only to girls. The larger juristic culture seems to have followed his lead, as child marriage for boys became radically under-discussed in the later legal texts, including the famed manual al-Mughn?. Above all, this paper exposes the concept of Ijm?’ as a “lowest common denominator” of agreement on this topic. Extracting an ijm?’ic claim from its context of debate and discussion deprives the inquiring scholar of any sense of the ripples of conflict and controversy emanating from it. In these early texts, we find there was no consensus with regard to what grants agency to females (pubescence or sexual experience); no consensus on the meaning of “suitability” in marriage (a condition for the permissibility of a father’s force); no consensus on at what point a female child can tolerate sexual activity; and, of extreme importance from the legal standpoint, there was no consensus with regard to how the prepubescent is to be maintained if she is not yet able to tolerate sexual activity. Because the marriage contract predicates maintenance upon sexual availability, this point causes a crisis in the jurists’ definition of marriage.


Author(s):  
Musu Bakoto Sawo

Abstract Musu Bakoto Sawo takes readers through her personal journey as a former child bride. In demonstrating the relationship between menarche and child marriage, she explains how parents deny girls their right to education by sending them to their marital homes prematurely. Sawo explores the factors that contribute to the high prevalence of child marriage in The Gambia and identifies mechanisms that support curbing it. The chapter then moves to drawing attention to her activism and work in debunking social norms that prevent girls from reaching their potentials. Sawo concludes by sharing her optimism in the eradication of harmful traditional practices in The Gambia and her dream for Gambian women and girls: empowering, uplifting, and safe spaces.


2020 ◽  
pp. 79-96
Author(s):  
Nezir AKYEŞILMEN ◽  
Vanessa Tinker ◽  
Mohammed Ishmeal

Turkey and the United States of America have been strategic partners for over seven decades. Nevertheless, their relationship has not always been a smooth one, and the two countries have encountered temporary bilateral crises from time to time. In spite of the challenges, over the years, the NATO allies – the United States and Turkey have continued to reaffirm their commitment to cooperate with each other as “strategic partners.” However, the ensuing Syrian crisis has brought the relationship between the allies to an all-time historic low. This study examines Turkey-US relations in the context of the ongoing Syrian conflict using a conflict analysis framework. With this framework, we analyze the historical background, identify the root causes of the crisis and conduct an actor analysis. Based on our findings, we provide policy recommendations to de-escalate and transform the current crisis in US-Turkey relations in order to both restore their mutual trust and find new ways to cooperate as strategic partners.


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