Marriages of Convenience

Some Gulf men use a moral and religious loophole to exploit both Syrian women and their children. 
Caricature by Ala Rustom
Caricature by Ala Rustom

Many men from the Gulf travel to Syria during the summer. While here, a few pay dowries to the families of young women in exchange for brief marriages. These so-called ‘summer marriages’, in which the partners live together temporarily, provide none of the legal rights associated with marriage, such as inheritance and alimony, making vulnerable both the women involved and their resulting children.The lack of legal rights stems from the way the marriages are arranged. Although they are primarily a Muslim phenomenon, most Muslims consider marriage contracts with expiry dates to be invalid and immoral, so they are agreed upon privately between a man and a woman’s family. Official documents are either forged or never filed. As Syria’s personal status law is based on Islamic sharia, temporary marriages cannot be registered in court.

This has a nasty consequence for children of the unions. Since the aim of them is sexual pleasure rather than starting a family, the ‘husbands’ rarely recognise any child as their own. Under Syrian law, Syrian mothers cannot pass on their nationality, leaving the children of summer marriages stateless.

Few Islamic leaders acknowledge these unions, according to Younes al-Khatib, a sheikh at a mosque in the village of Saasaa, south of Damascus. Despite this, these marriages are common. There are no accurate estimates of how many summer marriages occur in Syria, although it is believed to have the highest rate in the region. Likewise, the specific nationalities of the men involved remain unknown.

Summer marriages are a well-established practice in Syria. Gulf men started marrying young women from Syria, Lebanon, Jordan and Iraq in the 1970s, according to Bassam al-Kadi, the founder of Syrian Women’s Observatory, a prominent women’s rights group. He believes the number of summer marriages in Syria has grown in recent years, due to the country’s economic crisis.

“Some families think of summer marriages as an opportunity to provide their daughter with a financially-stable future in return for a few months of marriage,” Kadi said.

These marriages are organised through a khattabe, or matchmaker, who links suitors to families that would like their daughters to marry Gulf men. Once the amount of money to be paid as dowry is agreed upon, the couple marries with the consent of a sheikh willing to give religious approval and receives an unofficial marriage contract.

Sex trade

Activists in Syria believe the marriages are an unrecognised crime. The short period of the marriage and the expensive dowry make these arrangements a form of sex trade, Kadi said.

He argued that summer marriages also violate the United Nations Convention on the Rights of the Child as, in most cases, men in their forties and upward marry young teenagers under the age of 18.

“I wouldn’t call this marriage, it is sex trade,” Kadi said. “I have never heard of a Gulf man who married a nurse or an engineer. I have never even heard of one who married a 27-year-old woman. They are mostly old men marrying teenagers.”

In many cases parents agree to the arrangement without the bride’s consent, which also violates international human rights standards. Further, the young women often do not know the marriages are temporary, said Daad Mousa, a Damascus-based attorney and women’s rights activist who is often consulted by families on issues resulting from summer marriages. In some rare cases, parents are also unaware.

Stigma is another consequence of the practice. Women who have been involved in summer marriages often become ostracised by a disapproving society. Unable to marry traditionally, they can find themselves with no option but to become long-term sex workers, cast into repeated, temporary marriages to Gulf men, Kadi said.

“If the parents are ready to sacrifice their daughter for as little as SYP 50,000 (USD 1,087) why wouldn’t they do it again after she gets divorced?” he asked.

Abandoned children
Summer marriages have other long-term negative effects. Since such marriages are usually not legally registered, fathers do not have to pass their nationality to their offspring. That means that children born out of summer marriages who are not acknowledged by their father remain without citizenship.

The only way to grant the child citizenship is to sue the father for paternity and demand a blood test. If the man’s DNA matches the child’s, the mother can force her husband to legally register the marriage and the child can obtain the father’s nationality. However, few Syrian women have access to the documents to prove their marriage, preventing them from initiating such proceedings – which can be long and costly when they do occur.

Saudi Arabia, however, rejects citizenship for children born out of wedlock, the country’s ambassador to Syria Abdullah bin Abdulaziz al-Aifan told Syria Today. The United Arab Emirates embassy in Damascus declined to respond to Syria Today’s requests for further information.

There are no official statistics on the overall number of children that come from summer marriages in Syria, but Mousa estimates the figure is at least 200,000. Ambassador Aifan admitted last summer in an interview with the Saudi newspaper Shams that 400 cases have been identified in Syria, and that many more remain.

“The cases mentioned by Gulf embassies are only the ones that actually have written proof of their marriage,” Mousa clarified. “There are many mothers without evidence who are not counted in the figures.”

Possible ways for mothers to register their children’s nationality entail stigma. Without a valid marriage contract, the mother must give up her parental rights and register her offspring as an abandoned child.

“In this case mothers can still arrange to keep their children with them,” Mousa said. “However, the social stigma facing abandoned children in Syria keeps them from doing so.”

Stricter laws required
While summer marriages have been occurring for decades, little has been done in Syria to prevent them. This stems from the government’s reticence to interfere in the private sphere of the family.

“The government can’t prevent people from getting married,” Kadi said.

It can, however, raise the legal age of marriage. Article 16 of Syria’s current personal status law permits girls to marry at the age of 17 and boys at 18; though Article 18 stipulates that under “judicial discretion” if they have reached puberty and have permission from their guardians, girls age13 and boys age 15 may also marry.

“Why are girls aged 13 considered grown up enough to get married but not mature enough to vote?” Kadi asked, referring to the legal voting age, which is 18.

Civil rights activists advocate imposing stricter penalties on unofficial marriages as another form of deterrence. Currently, a couple and a sheikh who officiate an unlicenced marriage outside the courts are liable to pay a meagre fine of SYP 250 (USD 5.43), Mousa said.

She believed a stiffer penalty is needed.

Although a signatory to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Syria has not responded to several campaigns organised by Syrian civil rights organisations calling for Syrian women to have the right to pass on their nationality.

“This is a Syrian problem not a Gulf one,” Kadi said. “Syrian women should have the right to give their nationality to their children.”

   

  This article was published in Syria Today magazine

Advertisements

One thought on “Marriages of Convenience

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s