You might be interested in this (from the Daily Telegraph (UK), March 19th).
Russell.
Sharia phone marriage of autistic man 'invalid'
By Bonnie Malkin and agencies
Last Updated: 12:01pm BST 19/03/2008
Three senior appeal judges have refused to recognise a Muslim marriage that
took place "over the telephone", even though the union is valid according to
sharia law.
They said the union, between a 26-year-old autistic British man, identified
only as IC, and a woman in Bangladesh was "potentially highly injurious".
The pair have never met and are unlikely ever to meet.
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IC's parents, originating from Bangladesh but resident in England for many
years, arranged for him to be married by telephone link to a bride chosen by
them in Bangladesh with a view to his new wife, referred to as NK, obtaining
a visa and joining him in this country.
The marriage was valid under sharia law and the law of Bangladesh and
lawyers for the parents argued that it should therefore be recognised in
English law.
But giving judgment in the case, which was brought by Westminster Social and
Community Services Department, the Court of Appeal said IC was unable to
give valid consent to marriage under English law.
The court heard he does not function above the level of a three-year-old and
is said to be highly suggestible and vulnerable. He therefore lacked the
capacity to marry and consent to sexual intercourse.
Lord Justice Thorpe, sitting with Lord Justice Wall and Lady Justice
Hallett, said the local authority had been supporting and protecting IC
since the age of four.
He received home care five mornings a week before attending a day centre,
plus a high level of respite care.
"The role of marriage in the life of one so handicapped is inconceivable in
our society, and as a matter of law marriage is precluded," the judge said.
The Muslim ceremony took place in September 2006.
The judge said the marriage arranged by IC's parents was "potentially highly
injurious".
-----Original Message-----
From: The Disability-Research Discussion List
[mailto:[log in to unmask]] On Behalf Of Maranda Ali
Sent: 16 April 2008 12:17
To: [log in to unmask]
Subject: Disabled Muslim Terrorists
Hi everyone,
I've been on the list here for a while reading all the inspiring information
people have had on disabilities. I work with an Australian organisation
that promotes the rights of people with disabilities from an ethnic
background. We are looking at obtaining a grant for promoting and
de-stigmatising disability within Muslim cultures. The criteria for this
grant is to show how we would be minimising the risk of Muslim Terrorists.
I had read a while ago there was research that stated that terrorists were
recruiting people with mental, intellectual disabilities as suicide bombers.
If anyone knows of where to find that article it would be greatly
appreciated.
Regards
Maranda
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