Child Marriage in Islamic Law: Difference between revisions

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Revision as of 09:38, 5 July 2018

Pedophilia is permitted in the Qur'an, was practiced by Prophet Muhammad and his companions, and some Muslims today continue to commit the crime, following their prophet's example.

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This is a core topic which contains summaries
of WikiIslam articles related to it

Definition

Pedophilia (US) or paedophilia (UK) is the paraphilia of being sexually attracted to prepubescent or peripubescent children.[1] A person with this attraction is called a pedophile or paedophile.

Some pedophiles are sexually attracted to children only (exclusive pedophiles) whilst others are sexually attracted to both children and adults.[2][3]

In contrast to the generally accepted medical definition, the term pedophile is also used colloquially to denote significantly older adults who are sexually attracted to adolescents below the local age of consent,[4] as well as those who have sexually abused a child.

In contemporary law enforcement definitions, the term "pedophile" is generally used to describe those accused or convicted of the sexual abuse of a minor. Pedophilia is considered a taboo and is illegal in most societies, cultures and religions; except in the Islamic world with regards to Islam.

Scripture

The following are summaries of pages discussing Islam, in relation to pedophilia:

Islamic Writing and Pedophilia

There are many references in authentic Islamic scripture concerning the permissibility of pedophilia.

'A'isha (Allah be pleased with her) reported that Allah's Apostle (may peace be upon him) married her when she was seven years old, and he was taken to his house as a bride when she was nine, and her dolls were with her; and when he (the Holy Prophet) died she was eighteen years old.

Pedophilia in the Qur'an

The Qur'an permits pedophilia. The following Qur'anic verse allows sex with pre-pubescent girls who have not yet menstruated.

And (as for) those of your women who have despaired of menstruation, if you have a doubt, their prescribed time shall be three months, and of those too who have not had their courses; and (as for) the pregnant women, their prescribed time is that they lay down their burden; and whoever is careful of (his duty to) Allah He will make easy for him his affair.

What is being discussed is the Iddat (العدة‎), which is a waiting period a female must observe before she can remarry. According to this verse, the stipulated waiting period for a divorced girl who has not yet menstruated is three months.

Muhammad Fits the Clinical Definition of a Pedophile

Muhammad was a pedophile, even according to the most stringent clinical definition of pedophilia - the DSM-IV-TR:

A. Over a period of at least six months, recurrent, intense sexually arousing fantasies, sexual urges, or behaviors involving sexual activity with a prepubescent child or children (generally age 13 years or younger).

B. The person has acted on these sexual urges, or the sexual urges or fantasies caused marked distress or interpersonal difficulty.

C. The person is at least age 16 years and at least 5 years older than the child or children in Criterion A.


Note: This does not include an individual in late adolescence involved in an ongoing sexual relationship with a 12- or 13-year-old.

Muhammad was engaged to Aisha when she was only 6 year old and he was 51, and consummated the marriage while she was still pre-pubescent, aged 9 lunar years old. Thus he fulfilled all three requirements needed for a positive diagnosis.

Muhammad's Companions and Pedophilia

Besides Muhammad himself, his companions also committed pedophilia. Umar was the 2nd caliph of Islam and married Umm Kulthum at a time when she was 10-12 years old. Some sources even say that she was five years old when Umar married her.

"'Umar asked 'Ali for the hand of his daughter, Umm Kulthum in marriage. 'Ali replied that she has not yet attained the age (of maturity). 'Umar replied, 'By Allah, this is not true. You do not want her to marry me. If she is underage, send her to me'. Thus 'Ali gave his daughter Umm Kulthum a dress and asked her to go to 'Umar and tell him that her father wants to know what this dress is for. When she came to Umar and gave him the message, he grabbed her hand and forcibly pulled her towards him. 'Umm Kulthum asked him to leave her hand, which Umar did and said, 'You are a very mannered lady with great morals. Go and tell your father that you are very pretty and you are not what he said of you'. With that 'Ali married Umm Kulthum to 'Umar."
Tarikh Khamees, Volume 2, p. 384 ('Dhikr Umm Kalthum') and Zakhair Al-Aqba, p. 168

Apologetics

Some Islamic Sources say Aisha was Really 17 or 18 Years Old

Some Muslim apologists have recently claimed that Aisha was actually older than nine lunar years at time of the consummation of her marriage to Prophet Muhammad. They have attempted to explain that Aisha was in fact not nine-years-old as the Sahih hadiths of her own testimony claim, but some other ages derived from misquotations, indirect sources, fuzzy dating techniques and slander. These dubious research techniques have led to several conflicting ages to be proposed for Aisha at the time of consummation, including 12, 14, 15, 17, 18 and 21 years.

This article analyzes every single argument put forward by these apologists, and provides additional information on the origins and history of the "Aisha was older" apologetic arguments, and the only logical purpose behind making them.

On closer inspection of these polemics you will discover that the various claims can be broadly categorized into these categories; unjustified slanders against Hisham ibn Urwah and the Iraqi narrators, the use of non-sahih information to refute otherwise sahih hadiths, the use of secondary and indirect sources in preference of direct testimonies, the use of ‘imprecise’ dating in preference to specific dates and statements of age, the use of misquoted references and erroneous information, the use of incorrect logic, and personal opinion.

Aisha was nine lunar years old at the time her marriage to the Islamic prophet was consummated and there is simply no valid evidence that suggests otherwise. The majority of Muslims today, including both scholars and the general Muslim population, agree. This has been the mainstream Muslim understanding throughout Islam's 1,400 year history, and many of these honest Muslims take offense to these lies propagated by Muslim apologists who are embarrassed by their own prophet's actions.

The Meaning of 'Consummate'

Some Muslim apologist refuse to accept the existence of narrations given by Aisha in which she states that she was married to Prophet Muhammad when she was six years old and that he consummated his marriage with her when she was nine lunar years of age, even though these are recorded in Bukhari's sahih ahadith collection.

These apologists will usually resort to questioning the English translation of Dr. Mushin Khan, without addressing the ahadith in their original Arabic. A reading of the relevant Bukhari ahadith make it clear that Muhammad had sexual intercourse with Aisha when she was nine years of age.

The terms used are: "udkhilath" and "bana biha", which can only mean "sexual intercourse" in the context of the ahadith. The confusion from Muslims regarding this comes from their lack of understanding regarding the English phrase "consummation of marriage", their ignorance of Arabic and their unwillingness to admit that their prophet had sexual intercourse with a nine year old child.

Pedophilia and the Tu Quoque Defense

This article refutes the claim that Joseph, the husband of Mary (the mother of Jesus Christ), was a pedophile, a popular yet erroneous tu quoque argument used to defend Prophet Muhammad's pedophilic marriage to Aisha.

Upon reading the non-canonical apocrypha, the Christian equivalent of da`if (weak) or maudu (fabricated) hadith, we find it does not say Mary married Joseph when she was aged only 12. It in fact says she was possibly 17 years of age at the time the marriage was eventually consummated, if ever (Mary's perpetual virginity, the belief that Mary remained a virgin her entire life, is an essential article of faith for the majority of the world's Christians).

The most decisive argument against the claim that Joseph was a pedophile is the fact that the same non-canonical writings which are used to gather information on Joseph and Mary's age, also confirm Mary's status as "ever virgin" (in The History of Joseph the Carpenter, Jesus says on Joseph's death "my mother, virgin undefiled").

Miscellaneous Apologetics Used to Defend Muhammad's Actions

This article refutes miscellaneous apologetics which may not be fully covered in our other articles, but are used by some to justify the marriage between the Islamic Prophet Muhammad and his six-year-old bride Aisha.

The 26 different excuses covered include; Muhammad can't be a pedophile because he also had sex with grown women, pedophiles prefer children but Muhammad had many adult wives and only one child-bride, at that time it was okay to have sex with 9 year-olds in Arabia, people lived shorter life spans back then, and menstruation in hot climates starts earlier than in cold ones, so girls in Arabia matured as early as nine.

Modern World

Contemporary Pedophilic Islamic Marriages

Due to its many endorsements within Islamic scripture, child marriages are permitted by the majority of Muslim scholars and leaders, and in many Islamic countries it is common practice. Girls far below the age of puberty are forcibly married to older persons (sometimes in their 50s and later) for various personal gains by the girls' guardian or with the intention to preserve family honor by helping her avoid pre-marital sex.

Pedophilic Islamic marriages are most prevalent in Pakistan and Afghanistan, followed by other countries in the Middle East and Bangladesh.[5][6] This practice may also be prevalent to a lesser extent amongst other Muslim communities, and is on the rise among the growing Muslim populations in many non-Muslim countries, such as the United Kingdom[7] and the United States.[8]

In countries like Yemen, Bangladesh, Iran, and Northern Nigeria, attempts at reforming laws and banning child marriages have been opposed and stopped on the grounds that such a ban would be un-Islamic,[9][10][11][12][13] and in the case of Malaysia, the growing Muslim population has effectively turned back the clock on social progress by passing new laws which allow for the practice of pedophilic marriages specifically between followers of Islam.[14]

So one has to agree that whatever reasons and justification people may give for the prevalence of child marriages in Muslim-majority nations, without Islam this practice would have long been discarded as immoral and unacceptable in the modern world.

Muslim Statistics on Pedophilia

This page consists of various statistics concerning Islam and children. A small sample include:

  1. 4 out of 5 Middle-Eastern women are sexually abused between the ages of 3 and 6 by family members.
  2. More than half of all Yemeni girls are married before reaching the age of puberty.
  3. With more than 3,900 children within 6 months, Indonesia tops the UN bodies list for child trafficking cases
  4. 2,000 child sex abuse claims in 1 year at Pakistani Islamic schools, but not even 1 successful prosecution

Pedophilia Discussed in Arabic/Islamic Media

This hub page contains English translations of various Arabic/Islamic media discussing pedophilia.

The Noble Qur'an has also mentioned the waiting period [i.e. for a divorced wife to remarry] for the wife who has not yet menstruated, saying: "And those who no longer expect menstruation among your women - if you doubt, then their period is three months, and [also for] those who have not menstruated" [Qur'an 65:4]. Since this is not negated later, we can take from this verse that it is permissible to have sexual intercourse with a prepubescent girl. The Qur'an is not like the books of jurisprudence which mention what the implications of things are, even if they are prohibited. It is true that the prophet (PBUH) entered into a marriage contract with 'A'isha when she was six years old, however he did not have sex with her until she was nine years old, according to al-Bukhari. Therefore the issue is fixed in the Qur'an and the Sunnah. There is no jurisprudence without it being accused of being a 'male jurisprudence'!!! For a portion of the women in our day deny the jurisprudential efforts of scholars with the accusation that their masculinity leads them to jurisprudence which is in their best-interest, and against women. It appears that those who are led by this idea have the image stuck in their minds of a father or shaykh of a mosque, who would resort to religion. As this was his (description), it was not desirable. But this is not how it was, according to what was related by Allah Almighty: "But if the right is on their side, they come to him with all submission" [Qur'an 24:49]. Wherefore the history of jurisprudence is abounding [with examples] which dispel this mania, and this is not the place to lay them all out. But what can those who follow the Western feminist agenda say to this Qur'anic text, and to the marriage of the Prophet to 'A'isha (may Allah be pleased with her)!!!
Is it permissible to restrict the age at which girls can marry?
Submitted by Ahmad, IslamOnline, December 24, 2010

Miscellaneous

The Harmful effects of Abuse, Documented in Islamic Scripture

It is no secret that sexual abuse of children has serious consequences on its victims and, among Muslims and non-Muslims alike, it is no longer a secret that the Qur'an explicitly condones pedophilia. Of course, for Muslims to finally acknowledge the harmful effects of abuse on a child it becomes necessary for us to expose those effects through authentic Islamic sources. That is why we find Aisha, Muhammad's third and "favorite" wife, to be the perfect model for assessing pedophilia and its consequences on the victims. The life of Aisha bint Abu Bakr truly was a seventh century tragedy.

Muhammad a Pedophile? Another Look

A second look at the question; was Muhammad a pedophile? One of the most disturbing things about Islam is that it does not categorically condemn pedophilia. Indeed, it cannot, for to do so would draw attention to the pedophilia of Muhammad, the founder of Islam. Many Muslims cannot condemn pedophilia even if they would like to, for they would have to abandon Islam. Muslims tacitly approve of pedophilia, even if they are embarrassed to say so. So mesmerized are Muslims by the example of Muhammad's pedophilia that they are unable to categorically denounce pedophilia or feel shame. It is prevalent in many Muslim countries disguised as child marriage. The UN is today trying to stop the evil of child marriage among the backward Islamic regions of Asia and Africa. The future of some 300 million young girls depends on it.

Aisha was Still Pre-pubescent Aged Fifteen

The doll-playing exegesis used in "Aisha's Age of Consummation" in itself proves Aisha's status as pre-pubescent at the time of the consummation of her marriage to Muhammad, but most Muslims are unaware that the Sahih ahadith say that Aisha, was below the age of puberty when she was at least fourteen years old, and remained in that state till the age of sixteen. This is because they have never read the Sahih ahadith in Arabic.

The narrators of the Sahih ahadith were not ashamed that Muhammad had married and had sexual relations with Aisha when she was below the age of puberty. Hence, from the original Arabic, it is clear that Aisha was below the age of puberty at the age of 14 (at the time of the raid on the Bani Mustaliq) or 15 (at the time of the Ethiopian slaves dancing incident), and begun her first menstrual period at the age of 16 (during the journey for hajj).

Quotes on Muhammad Relating to Pedophilia

This page consists of quotes relating to Muhammad's pedophilia made by notable individuals. For example, Simon Ockley, who was chosen Adams Professor of Arabic at Cambridge University:

An Arabian author cited by Maracci,[15] says that Abubeker was very averse to the giving him his daughter [Ayesha, who was then but seven years old] so young, but that Mohammed pretended a divine command for it; whereupon he sent her to him with a basket of dates, and when the girl was alone with him, he stretched out his blessed hand (these are the author’s words), and rudely took hold of her clothes; upon which she looked fiercely at him, and said, “People call you the faithful man,[16] but your behaviour to me shows you are a perfidious one.” And with these words she got out of his hands, and, composing her clothes, went and complained to her father. The old gentleman, to calm her resentment, told her she was new betrothed to Mohammed, and that made him take liberties with her, as if she had been his wife.[17]

See Also

Articles

Multimedia

Satire

Other Core Articles

Core articles contain an overview of other articles related to a specific issue, and serve as a starting point for anyone wishing to learn about Islam:

External Links

News regarding Pedophilia among non-Muslims

References

  1. Definition and scope of Pedophilia
  2. Definition of Pedophilia - MedicineNet, April 27, 2011
  3. Ryan C. W. Hall, MD, and Richard C. W. Hall, MD, PA, - "A profile of Pedophilia: Definition, Characteristics of Offenders, Recidivism, Treatment Outcomes and Forensic Issues" - Page 459, April 2007;82(4):457-471 • www.mayoclinicproceedings.com
  4. Ames, A. & Houston, D. A. (1990). "Legal, social, and biological definitions of pedophilia." Archives of Sexual Behavior. 19 (4), 333-342.
  5. America Magazine: Child Marriage in Afghanistan and Pakistan, by Andrew Bushell; March 11, 2002
  6. Americans For UNFPA: Virtual Slavery: The Practice of “Compensation Marriages” by Net Community of AfUNFPA; last retrieved Monday, 08 December 2008
  7. Ten-fold rise in forced marriages in just four years - The Daily Mail July 2, 2009
  8. Christine Vendel - Man charged with statutory rape in ‘marriage’ to 14-year-old girl - The Kansas City Star, November 8, 2009
  9. "Nigeria Child Brides-Broken Lives", Times Online, November 28, 2008 (archived), http://www.wunrn.com/news/2008/11_08/11_24_08/112408_nigeria.htm. 
  10. "I Could Marry Off My Six Year Old Daughter If I So Wished, Senator Ahmed Yerima Replies Critics", The Nigeria Today, July 21, 2013 (archived), http://thenigeriatoday.net/i-could-marry-off-my-six-year-old-daughter-if-i-so-wished-senator-ahmed-yerima-replies-critics/. 
  11. Islamist leader threatens of waging Jihad - Weekly Blitz, April 20, 2011
  12. Yessir - Child Marriage - Death Of 13 Year Old Bride After Wedding - A BIG MESSAGE, April 10, 2010
  13. YEMEN: Deep divisions over child brides - IRIN, March 28, 2010
  14. Outcry over Malaysian child marriages - Sydney Morning Herald, August 4, 2010
  15. Marac. Vita Mahometis, p. 23.
  16. Abulfeda says he was called Al Amin, “the faithful one,” when he was young.
  17. Simon Ockley. The History of the Saracens (Life of Mohammed, Part I). 6th Edition. London: Henry G. Bohn. 1857