The Marriage Bill, 2024: A leap towards equality?
By Hatmah Naluggwa Ssekaaya
Assalaam alaykum warahmatullahi wabarakaatuh…
The proposed Marriage Bill 2024 has ignited debate within Uganda’s elite class, pitting societal norms against individual freedom as it seeks to criminalise cohabitation. The Bill, introduced by Tororo Woman MP, Sarah Opendi, proposes penalties on couples living together without entering into a formal marriage contract. This, according to the proponents of the draft law, will help strengthen family units and protect women and children.
Supporters of this bill, including some religious and cultural groups, believe that the legislation will encourage responsible relationships and discourage the growing trend of informal unions.
Critics on the other hand, look at the move to criminalise cohabitation as an infringment on personal freedoms and could disproportionately affect lower-income individuals who may not have the means to marry legally. Activists and human rights organisations have voiced concerns that such measures could lead to increased stigmatisation and criminalisation of vulnerable populations.
But let us look at the bill in the Islamic perspective, drawing specific attention to this contentious article of Cohabiting.
Cohabitation typically refers to living together as a couple without being married. In Islam, this kind of arrangement is generally discouraged and also considered impermissible. Marriage is a sacred contract that provides a lawful framework for relationships, ensuring mutual rights and responsibilities.
Islam emphasizes the importance of marriage for several reasons:
1. Legitimacy: Marriage legitimises the relationship, ensuring that any offsprings are recognized and have rights.
2. Commitment: It signifies a commitment between partners, promoting stability and emotional support.
3. Guidance: Islamic teachings provide guidance on family life, rights, and responsibilities, which are absent in cohabiting arrangements.
While some may argue for alternative arrangements, traditional Islamic jurisprudence maintains that living together outside of marriage is not acceptable. For those considering their options, it’s often encouraged to pursue marriage as the appropriate path.
May Allah make it easy for all of us, Ameen.
