A young girl, alternatively described in reports as 12 or 13, died in a Yemini hospital, three days after her wedding on March 19, 2010 to a man twice her age.
The girl, identified as Elham Madhi al Assi, had taken part in what is described as a “swap marriage”. Elham’s brother wanted to marry a woman but did not want to or was unable to pay for his bride. So he arranged a swap; he would marry his friend’s sister while the friend would marry his sister (Elham).
Medical reports indicate that the young girl died as a result of severe bleeding that was caused by tears in her genital and anal area from sexual actvity.
Elham’s mother told the Associated Press that before she died, her daughter told her that her husband had tied her up and raped her. Since neither marrying a child nor forcing a wife to have sex is a criminal offence in Yemen, no charges are expected to be brought as a result of the death of the young girl.
Elhan’s death is far from an isolated incident in Yemen. In 2009, Fawziya Abdullah Yousef, 12, died in a hospital 140 miles outside of the Yemeni capital of Sanna. She also died from bleeding after being in labour for three days before giving birth to a stillborn baby. Arwa Elabee, a Sanaa gynecologist, was quoted as saying that there are a lot of complications that result when girls have sex and become pregnant at a young age.
Child Brides in Yemen
According to Reuters, prior to the unification of the country, the minimum age for marriage was 15 in North Yemen and 16 in South Yemen. When the two countries became one in 1990, the age was set at 15. However age limits to marriage were completely abolished in 1999. It is common practice in the Middle Eastern country for girls as young as eight to marry.
In February 2010 Yemen’s parliament passed a new law setting the minimum age for marriage at 17 for girls and 18 for boys. But many members of Parliament objected to the new law on the grounds that it was “un-Islamic”. Even though the law had passed it was sent back to a constitutional committee for review. The committee has not yet given its findings.
Yemen is divided over whether there should be a minimum age for marriage. On March 23, 2010, hundreds of women protested in front of the parliament buildings in Sanaa opposing any minimum age for marriage. Demonstrators held Korans and argued that setting a minimum age of marriage was against the teachings of Islam. The demonstration came two days after a number of clerics issued a fatwa against any minimum age for marriage. The clerics said that anyone who is in favour of a minimum age of marriage is an apostate.
Two days after that demonstration was held, a counter demonstration was held at the same place where hundreds of women protested in favour of setting a minimum age for marriage at 17.
Besides the interpretation of Islamic law, there are other reasons why some Yemenis are in favour of child brides. Yemen is the poorest country in the Middle East and marriage is a way for parents to not only receive money for their young daughters but to avoid the responsibility of bringing them up after marriage. As well, many Yemenis feel that by marrying early, their daughters will not become involved with boys while growing up and “shame” their families.
According to the BBC, about 25 % of brides in Yemen are under the age of 15.
Najood Ali Focused Attention on Child Brides
In 2008, 10-year-old Najood Ali ran away from her new husband who was three times her age. Her parents, who had sold her into marriage refused to help her leave after she told them that her husband had beaten her and forced her to do things that she didn’t want to do. Najood’s father had two wives and 16 children and lived in abject poverty and sold his daughter into marriage.
After a relative gave her some money, the 10-year-old showed up at a court house alone and went around the building in the hopes of seeking a divorce. A human rights lawyer, Shada Nasser found out about Najood and took up her case. A sympathetic judge dissolved the marriage and chastised her husband. The husband denied beating Nujood but admitted having sex with his 10-year-old wife which is not illegal.
In order to grant the divorce, Najood was required to pay her husband the equivalent of $200. The money was provided by an anonymous donor.
It was the outspoken 10-year-old that led the government of Yemen bringing forward legislation prescribing the minimum age for marriage. Najood returned to primary school after her divorce. She wants to be a lawyer just like Shada when she grows up.
The death of Elham will help boost the arguments to abolish child marriages in Yemen.
Arthur Weinreb - Weinreb is an author, associate editor and columnist with Canada Free Press and the Canadian Affairs Feature Writer for Suite 101.
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