jason

For the first time in Yemen - 8-year-old girl asks for divorce in court - front - Yemen Times

An eight-year-old girl decided last week to go the Sana’a West Court to prosecute her father, who forced her to marry a 30-year-old man.

Nojoud Muhammed Nasser arrived at court by herself on Wednesday, April 2, looking for a judge to handle her case against her father, Muhammed Nasser, who forced her two months ago to marry Faez Ali Thamer, a man 22 years her senior. The child also asked for a divorce, accusing her husband of sexual and domestic abuse.

According to Yemeni law, Nojoud cannot prosecute, as she is underage. However, court judge Muhammed Al-Qathi heard her complaint and subsequently ordered the arrests of both her father and husband.

“So far there is no case and no charges, as Nojoud arrived by herself to court asking just for a divorce,“ said Shatha Ali Nasser, a lawyer in the Supreme Court who is following Nojoud Nasser’s story.

Shatha Ali Nasser confirmed that item number 15 in Yemeni civil law reads that “no girl or boy can get married before the age of 15.” However, this item was amended in 1998 so parents could make a contract of marriage between their children even if they are under the age of 15. But the husband cannot be intimate with her until she is ready or mature,” said Nasser.“This law is highly dangerous because it brings an end to a young girl’s happiness and future fruitful life. Nojoud did not get married, but she was raped by a 30-year old man.”

It is easy to take a typical western/developed world attitude about this, without contextualizing the situation with recent information that Canadian children were part of Texas polygamist sect. Abuse of children is a global problem, but it is not because of a few ‘evil’ people. It is a global trans-societal problem.

Personally, and I’m not speaking as an educational professional or on behalf of my place of employment, because children are born into societies and do not have the ability to choose which society or culture or language they are part of, adults do not have a right to claim that how children are treated is acceptable based on cultural or societal norms. I don’t think we have the right to inculcate cultural values on children, even though I might be forced to admit that we have a responsibility to provide them with the knowledge and skills with which to function in the society in which they will live their lives. I have no problem with that contradiction.

Now, strangely enough, I don’t assume that western notions of developmental psychology as a basis for child rearing is a ’solution’ either. We know that western societies ill-prepare children for adult life and learning, and have the result of reducing the diversity of human experience and difference under statistically identifiable norms. It does seem to be the best choice for protecting children against the most obvious forms of abuse, however.

Strangely enough, the ’solution’ is dialogue and education. This is why I am an educator of course. People are taught and learn what is socially acceptable, not just on a cultural or national level, but at a local community level. Cross-community and cross-cultural dialogue, as opposed to rural, marginalized, gated-community experience, allows for the realization on the part of parents and children that this is not the way it has to be, and that there are alternatives… of course it is then incumbent on all of us to make the alternatives available to all.