SANA’A, April 9 - 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.

“My father beat me and told me that I must marry this man, and if I did not, I would be raped and no law and no sheikh in this country would help me. I refused but I couldn’t stop the marriage,” Nojoud Nasser told the Yemen Times. “I asked and begged my mother, father, and aunt to help me to get divorced. They answered, ‘We can do nothing. If you want you can go to court by yourself.’ So this is what I have done,” she said.

Nasser said that she was exposed to sexual abuse and domestic violence by her husband. “He used to do bad things to me, and I had no idea as to what a marriage is. I would run from one room to another in order to escape, but in the end he would catch me and beat me and then continued to do what he wanted. I cried so much but no one listened to me. One day I ran away from him and came to the court and talked to them.”

“Whenever I wanted to play in the yard he beat me and asked me to go to the bedroom with him. This lasted for two months," added Nasser. "He was too tough with me, and whenever I asked him for mercy, he beat me and slapped me and then used me. I just want to have a respectful life and divorce him.”

Nasser’s uncle, who does not want to reveal his name, is following the case now as her guardian. According to her uncle, after Muhammed Nasser, the girl's father, lost his job as a garbage truck driver in Hajjah, he became a beggar, and soon after suffered from mental problems.

Thamer is in jail now. “Yes I was intimate with her, but I have done nothing wrong, as she is my wife and I have the right and no one can stop me," he said. "But if the judge or other people insist that I divorce her, I will do it, it’s ok.”

So far, no accusations have been made against her father, who was later released due to health problems, or Nasser's husband, who will remain in jail for further investigation.

“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.”

Nasser confirmed that Nojoud Nasser’s case is not the first of its kind in Yemen, but it is the first time that a girl went to court by herself to ask for a divorce.

“We are not planning to return Nojoud to her family. Who knows? Maybe after a few years the same thing will happen to her again," said Shatha Ali Nasser. "We are planning to put her in Dar Al-Rahama [an non-governmental organization that works with children], where she can have a better life and education. We do not want her family to pay her expenses, as they are poor.”

Nice "Religion" ya got there...

Yemen Times

UPDATE:

An eight-year-old Yemeni girl was granted a divorce from an arranged marriage she was forced into in just the second grade.

Nojud Mohammed Ali said she was forced to marry under an agreement reached between her unemployed father and 28-year-old former husband, Faez Ali Thameur, earlier this year, AFP reported.

"They asked me to sign the marriage contract and remain in my father's house until I was 18," the girl told AFP. "But a week after signing, my father and my mother forced me to go live with him."

Thameur told a judge that he married Nojud with her consent and her parents', and that the marriage "was consummated, but I did not beat her." He did not object to the divorce petition.

Nojud's father said he married off his daughter with her consent out of fear that she might be kidnapped, as he claimed her two older sisters had been, AFP reported.

Nojud said she has no desire to see her father and will instead live with a maternal uncle.

"I am happy that I am divorced now. I will be able to go back to school," Nojud told AFP.

Her lawyer compared the case to thousands of others in Yemen, which has no minimum age of marriage. She said advocates are pushing for laws that would make 18 the minimum age of marriage.

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