Committee of Inquiry of Russia (CIR) demands from Religious Board of Moslems (RBM) to exclude marriages with underage persons

Investigative Department of CIR in Kabardino-Balkaria directed a notification to Religious Board of Moslems of the republic demanding to take measures in order to disallow registration of Moslem marriages in cases if one of the spouses is underage. According to the law, such marriages are considered crimes.

A representative of CIR in KBR told the "Caucasian Knot" correspondent that the reason for the notification was a case when a twenty-five-years-old resident of Tersky district entered into a Moslem marriage with a fifteen-years-old girl, resident of the same district, without registration in the registry office.

The "Moslem marriage" was registered by the imam of a local religious community "Boletey" of the settlement of Terskoye, Tersky district.

Maisky inter-district Investigative Department of CIR in KBR started criminal proceedings against the twenty-five-years-old resident of Tersky district. He is accused of committing a crime stipulated by part 1, clause 134 of the Criminal code of the Russian Federation (sexual intercourse with a person obviously under sixteen). The criminal case is presently referred to court for consideration on the merits.

"The Moslem marriage does not contradict the Russian legislation if both spouses are of the full legal age, - a representative of CIR in KBR explained. - However, marriages with persons under sixteen are criminally liable".

"RBM must undertake explanatory work in order to disallow registration of such marriages", the representative of investigation considers. According to him, only this year ten criminal cases on similar subjects were initiated in Kabardino-Balkaria.

Alim Sizhazhev, Deputy Chairman of RBM of KBR, in his turn, thinks that a "Moslem marriage" with an underage girl is usually caused by force majeure events.

"Islam permits such marriages under the condition of strict observance of certain demands. Firstly, the marriage must be registered in secret. Consent of the girl's father is mandatory as well as that of the girl herself. If the marriage is registered without consent of the girl's father it is abated automatically", Sizhazhev explained to the "Caucasian Knot" correspondent.

Mentioning that in such a case Islamic law comes into conflict with state law and persons who merry underage ones undergo criminal prosecution, Deputy Chairman of RBM remarked that "each particular case should be considered individually".

"If there are no force majeure events one had better wait until one's bride comes of age, he said. - But if there are any the registry office makes exceptions to the rules and registers such marriages upon the parents' request".