Child Marriage in the Qur'an: Difference between revisions
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{{Quote|{{Quran|2|49}}|وَإِذْ نَجَّيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ يُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ | {{Quote|{{Quran|2|49}}|وَإِذْ نَجَّيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ يُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ | ||
'''Transliteration:''' ''Waith najjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuthabbihoona abnaakum wayastahyoona ''' | '''Transliteration:''' ''Waith najjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuthabbihoona abnaakum wayastahyoona '''Nisaa''''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR> | ||
'''Yusuf Ali:''' And remember, We delivered you from the people of Pharaoh: They set you hard tasks and punishments, slaughtered your sons and let your women-folk live; therein was a tremendous trial from your Lord.}} | '''Yusuf Ali:''' And remember, We delivered you from the people of Pharaoh: They set you hard tasks and punishments, slaughtered your sons and let your women-folk live; therein was a tremendous trial from your Lord.}} | ||
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{{Quote|{{Quran|7|127}}|وَقَالَ ٱلْمَلَأُ مِن قَوْمِ فِرْعَوْنَ أَتَذَرُ مُوسَىٰ وَقَوْمَهُۥ لِيُفْسِدُوا۟ فِى ٱلْأَرْضِ وَيَذَرَكَ وَءَالِهَتَكَ ۚ قَالَ سَنُقَتِّلُ أَبْنَآءَهُمْ وَنَسْتَحْىِۦ نِسَآءَهُمْ وَإِنَّا فَوْقَهُمْ قَٰهِرُونَ | {{Quote|{{Quran|7|127}}|وَقَالَ ٱلْمَلَأُ مِن قَوْمِ فِرْعَوْنَ أَتَذَرُ مُوسَىٰ وَقَوْمَهُۥ لِيُفْسِدُوا۟ فِى ٱلْأَرْضِ وَيَذَرَكَ وَءَالِهَتَكَ ۚ قَالَ سَنُقَتِّلُ أَبْنَآءَهُمْ وَنَسْتَحْىِۦ نِسَآءَهُمْ وَإِنَّا فَوْقَهُمْ قَٰهِرُونَ | ||
'''Transliteration:''' ''Waqala almalao min qawmi firawna atatharu moosa waqawmahu liyufsidoo fee alardi wayatharaka waalihataka qala sanuqattilu abnaahum wanastahyee ''' | '''Transliteration:''' ''Waqala almalao min qawmi firawna atatharu moosa waqawmahu liyufsidoo fee alardi wayatharaka waalihataka qala sanuqattilu abnaahum wanastahyee '''Nisaa''''ahum wainna fawqahum qahiroona'' <BR><BR> | ||
'''Yusuf Ali:''' Said the chiefs of Pharaoh’s people: “Wilt thou leave Moses and his people, to spread mischief in the land, and to abandon thee and thy gods?” He said: “Their male children will we slay; (only) their females will we save alive; and we have over them (power) irresistible."}} | '''Yusuf Ali:''' Said the chiefs of Pharaoh’s people: “Wilt thou leave Moses and his people, to spread mischief in the land, and to abandon thee and thy gods?” He said: “Their male children will we slay; (only) their females will we save alive; and we have over them (power) irresistible."}} | ||
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{{Quote|{{Quran|7|141}}|وَإِذْ أَنجَيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ ۖ يُقَتِّلُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ | {{Quote|{{Quran|7|141}}|وَإِذْ أَنجَيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ ۖ يُقَتِّلُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ | ||
'''Transliteration:''' ''Waith anjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuqattiloona abnaakum wayastahyoona ''' | '''Transliteration:''' ''Waith anjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuqattiloona abnaakum wayastahyoona '''Nisaa''''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR> | ||
'''Yusuf Ali:''' And remember we rescued you from Pharaoh’s people, who afflicted you with the worst of penalties, who slew your male children and saved alive your females: in that was a momentous trial from your Lord.}} | '''Yusuf Ali:''' And remember we rescued you from Pharaoh’s people, who afflicted you with the worst of penalties, who slew your male children and saved alive your females: in that was a momentous trial from your Lord.}} | ||
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{{Quote|{{Quran|14|6}}|وَإِذْ قَالَ مُوسَىٰ لِقَوْمِهِ ٱذْكُرُوا۟ نِعْمَةَ ٱللَّهِ عَلَيْكُمْ إِذْ أَنجَىٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ وَيُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ | {{Quote|{{Quran|14|6}}|وَإِذْ قَالَ مُوسَىٰ لِقَوْمِهِ ٱذْكُرُوا۟ نِعْمَةَ ٱللَّهِ عَلَيْكُمْ إِذْ أَنجَىٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ وَيُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ | ||
'''Transliteration:''' ''Waith qala moosa liqawmihi othkuroo niAAmata Allahi AAalaykum ith anjakum min ali firawna yasoomoonakum sooa alAAathabi wayuthabbihoona abnaakum wayastahyoona ''' | '''Transliteration:''' ''Waith qala moosa liqawmihi othkuroo niAAmata Allahi AAalaykum ith anjakum min ali firawna yasoomoonakum sooa alAAathabi wayuthabbihoona abnaakum wayastahyoona '''Nisaa''''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR> | ||
'''Yusuf Ali:''' Remember! Moses said to his people: “Call to mind the favour of Allah to you when He delivered you from the people of Pharaoh: they set you hard tasks and punishments, slaughtered your sons, and let your females live: therein was a tremendous trial from your Lord.}} | '''Yusuf Ali:''' Remember! Moses said to his people: “Call to mind the favour of Allah to you when He delivered you from the people of Pharaoh: they set you hard tasks and punishments, slaughtered your sons, and let your females live: therein was a tremendous trial from your Lord.}} | ||
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{{Quote|{{Quran|40|25}}|فَلَمَّا جَآءَهُم بِٱلْحَقِّ مِنْ عِندِنَا قَالُوا۟ ٱقْتُلُوٓا۟ أَبْنَآءَ ٱلَّذِينَ ءَامَنُوا۟ مَعَهُۥ وَٱسْتَحْيُوا۟ نِسَآءَهُمْ ۚ وَمَا كَيْدُ ٱلْكَٰفِرِينَ إِلَّا فِى ضَلَٰلٍ | {{Quote|{{Quran|40|25}}|فَلَمَّا جَآءَهُم بِٱلْحَقِّ مِنْ عِندِنَا قَالُوا۟ ٱقْتُلُوٓا۟ أَبْنَآءَ ٱلَّذِينَ ءَامَنُوا۟ مَعَهُۥ وَٱسْتَحْيُوا۟ نِسَآءَهُمْ ۚ وَمَا كَيْدُ ٱلْكَٰفِرِينَ إِلَّا فِى ضَلَٰلٍ | ||
'''Transliteration:''' ''Falamma jaahum bialhaqqi min AAindina qaloo oqtuloo abnaa allatheena amanoo maAAahu waistahyoo ''' | '''Transliteration:''' ''Falamma jaahum bialhaqqi min AAindina qaloo oqtuloo abnaa allatheena amanoo maAAahu waistahyoo '''Nisaa''''ahum wama kaydu alkafireena illa fee dalalin''<BR><BR> | ||
'''Yusuf Ali:''' Now, when he came to them in Truth, from Us, they said, "Slay the sons of those who believe with him, and keep alive their females," but the plots of Unbelievers (end) in nothing but errors (and delusions)!...}} | '''Yusuf Ali:''' Now, when he came to them in Truth, from Us, they said, "Slay the sons of those who believe with him, and keep alive their females," but the plots of Unbelievers (end) in nothing but errors (and delusions)!...}} | ||
Revision as of 16:32, 12 January 2022
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The subject of child marriage per se never arises in the Qur'an. Yet the Qur'an deals indirectly with the topic. The subject of the 'Iddah or "(waiting) period" of a woman is dealt with frequently in the Qu'ran. Summarized briefly, the Qur'an lays down strict rules (based largely on the women's menstruation cycles or lack thereof) for how long a woman must wait in between the end of one marriage and the beginning of another, and the purpose in the pre-modern, patriarchal societies in which the Shari'ah was codified was to ensure that a woman would not marry a new man while pregnant from her last husband and impute fathership of her baby to the wrong husband. Pursuant to these rules the Qur'an in verse 33:49 states that no 'Iddah is prescribed for a woman who has not had intimate contact with her husband, but goes on to stipulate an 'Iddah for pre-pubescent girls in verse 65:4, implying that pre-pubescent girls can be divorced, with the implication that it is possible to marry them. This has been interpreted in the orthodox Sunni Muslim tradition to mean that theQur'an supports marrying and having sex with prepubescent girls. Despite the discomfort that this causes for modern readers, the conclusion (which is drawn explicitly in sahih hadith and tafsir traditions around this and related Qur'anic verse) seems to be that the Qur'an endorses sexual intercourse (as a part of Islamic marriage) with pre-pubescent girls.
Introduction
The Qur'an has stipulated a waiting period which women must observe before they can remarry. This waiting period must be observed after they are divorced, or if their husbands have died. In the Qur'an, this is called 'Iddah or 'Iddat (العدة). However, there is one exception to this requirement in Qur'an 33:49:
ياايها الذين امنوا اذا نكحتم المؤمنات ثم طلقتموهن من قبل ان تمسوهن فمالكم عليهن من عدة تعتدونهافمتعوهن وسرحوهن سراحا جميلا
Transliteration: Ya ayyuha allatheena amanoo itha nakahtumu almuminati thumma tallaqtumoohunna min qabli an tamassoohunna fama lakum AAalayhinna min AAiddatin taAAtaddoonaha famattiAAoohunna wasarrihoohunna sarahan jameelan
Sahih International: O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.From the verse above it is understood that 'Iddah (stipulated waiting period) is required if sexual contact has occurred within the marriage. If a woman is not touched by her husband, she should not have to observe any waiting period at all.
After the mention of women who have not had their marriage consummated, the Qur'an goes further - discussing the women who need to observe the 'iddah, and the span of time required. We see in Qur'an 65.4:
واللائي يئسن من المحيض من نسائكم ان ارتبتم فعدتهن ثلاثة اشهر واللائي لم يحضن واولات الاحمال اجلهن ان يضعن حملهن ومن يتق الله يجعل له من امره يسرا
Transliteration: Waalla-ee ya-isna mina almaheedi min nisa-ikum ini irtabtum faAAiddatuhunna thalathatu ashhurin waalla-ee lam yahidna waolatu al-ahmali ajaluhunna an yadaAAna hamlahunna waman yattaqi Allaha yajAAal lahu min amrihi yusran
Sahih International: 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. And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease.Here the 'Iddah is prescribed to three categories of women:
- First the phrase: “Yaisna min al-maheedhi” يئسن من المحيض which means “those women who are desperate of menses” is an indication to women who reached the stage of menstruation but do not menstruate and of those who reached menopause. Desperate of menses underlines that it concerns women who though reached the age, fail to menstruate too. Their 'Iddah period is three months.
- Next comes, “Wallaee Lam yahidhna” واللائي لم يحضن which means “those who have not menstruated yet” This group of females are pre-pubescent girls who have not yet menstruated. Here the 'Iddah prescribed for them is equal to the previous group of women (ie. three months).
- Lastly, the women who are pregnant - their prescribed 'iddah is until they have given birth.
Linguistic Analysis of Verse in Arabic
The Qur'an says in Arabic:
واللائي لم يحضن فعدتهن ثلاثة أشهر
Tafsir from al-Islam.com
The transliteration of the verse and the meaning of each portion of the verse is given below:
واللائي لم يحضن" فعدتهن ثلاثة أشهر
Wa Al-Lā'ī Lam Yaĥiđna
wa ( وَ ) = and
Al-Lā'ī ( وَاللَّائِي ) = for those who
Lam ( لَمْ ) = did not (negation in past tense) [2]
Yaĥiđna ( يَحِضْنَ ) = menstruate.
Yaĥiđna comes from the verbal root H-Y-D ( حيض ) which means "to menstruate".
The addition of prefix "Ya" and suffix "na" to the root "HYD" shows that the word is used in used in third person, feminine gender, plural, imperfective aspect, jussive mood.[3]
The imperfective aspect, according to traditional understanding of classical Arabic grammar, by itself lacks any tense feature (as is true of other classical Semetic languages such as Hebrew). [2] The tensed negatives like lam ( لَمْ ) (negation in past tense), lan ( لن ) (negation in future tense), laa ( لا) (negation in present tense) combined with imperfective (in different moods) decide the tense in the case of a negative sentence.
Thus lam Yadrus لم يدرس = He did not study. The verb is in the imperfect tense, but the partical lam لم conveys a meaning of a simple, negated past.
In the verse 65:4, Lam Yaĥiđna لم يحضن= 'those who did not menstruate'. The meaning here is that the females being referred to have not, yet, menstruated, ie they are pre-pubescent.
The imperfective verb in the with the negation particle lam ( لَمْ ) (indicating a past-tense meaning) is in the Jussive mood(يعني المضارع المجزوم). [2]
Supporting these meanings, from Lane's lexicon, Lam (لم ) means 'not':
lam = Negative particle giving to the present the sense of the perfect; not.[5]
From the Lexicon, Arabic word for Menstruate is 'Haid' (حيض):
hada vb. (1) impf. act. 65:4
mahid n.m. 2:222
It thus follows that 65:4 is describing the state of women have not yet menstruated, which would logically include children or girls before puberty or attainment of menarche (first period). This implication, as seen below, was also drawn by the majors tafsirs.
The exact translation of this portion of Quran 65:4 is thus "Not menstruated yet" ( لَمْ يَحِضْنَ ). In Arabic, the menstruation process is called HaiD( حيض ), and the verb for "to menstruate" is yaHiD( يَحِض ), with the noun likely being derivative of the verb (as with most but not all derivations in Arabic). The LAM ( لَمْ )clearly shows that the verb refers to women who menstruated, and the na ( نَ ) at the end of the verb drives home the point that this verb speaks of women. “Not menstruated yet” or some similar translation is the only acceptable English translation.
This verse 65:4 is read by the tafsirs as a continuation of Qur'an 33:49. A question that naturally arises from these verses, and which was more or less answered by the mufassiruun, is 'if a woman who has not had sex should not have to observe any Iddah at all, as mentioned in 33:49, what is the reason for the prescribed 'Iddah for those women who have not yet menstruated?' The seems to be that marrying pre-pubescent girls and having sex with them is sanctioned by the Qur'an.
The phrase found in Qur'an 65:4 as "wallaee lam yaHiDhna" واللائي لم يحضن is sometimes mistranslated by apologists by apologists to mask the fact that pre-pubescent girls are normally understood as the intended meaning here; the exact meaning of the phrase is clearly understood this way in the Tafsirs.
Tafsirs of the Verse
The classical tafsirs are unanimous that this verse prescribes the 'iddah for a pre-pubscent woman. Although not spelled out explicitly in the verse itself, this meaning is clearly the one that was taken away by the orthodox Sunni muslim exegetical tradition.
Modern Tafsirs
The following tafsir commentaries on the Qur'an are relatively recent in Islamic history.‘Uthaymeen died in 2001 and Maududi passed away in 1979; their commentary here shows that the tradition of interpreting this verse as referring to the divorce (and thus marriage) of pre-pubescent girls comes well into the modern period.
Sayyid Abul Ala Maududi
Sayyid Abul Ala Maududi, Tafhim al-Qur'an
Note here what Maududi mentions on giving pre-pubescent girls in marriage and consummating the marriage with them. The interpreter affirms it is permitted by the Qur'an and no Muslims can question or forbid it.
Shaykh Muhammad ibn ‘Uthaymeen
Classical Tafsirs
The traditional understanding of this verse reaches far back into Islamic history. Almost all of the classical commentators have dealt with this verse, and they are near-unanimous in declaring that it refers to the divorce, and therefore the marriage, of pre-pubescent girls.
'Ibn Kathir
Al-Jalalayn
Tafsir al-Jalalayn
Ibn Abbas
Tafsir Ibn Abbas
Al-Wahidi
Al-Wahidi, Asbab al-nuzul
Al-Tabari
Al-Zamakhshari
Al-Zamakhshari, Al-Kashshaaf
Tabrasi
Tabrasi
Al-Shawkani
Al-Shoukani, Fath al-Qadir
Abu-Hayyan
،فالعدة هذه، فتلخص في قوله: { إن ارتبتم } قولان: أحدهما، أنه على ظاهر مفهوم اللغة فيه، وهو حصول الشك؛ والآخر، أن معناه التيقن للإياس؛ والقول الأول معناه: إن ارتبتم في دمها، أهو دم حيض أو دم علة؟ أو إن ارتبتم في علوق بحمل أم لا؛ أو إن ارتبتم: أي جهلتم عدتهن، أقوال. والظاهر أن قوله: واللائي { لم يحضن } يشمل من لم يحض لصغر،
Abu-Hayyan
Evidence from the Hadith
From Imam Bukhari in his book of Tafsir and hadith collections:
Mujahid said that "if you have any doubt" (65:4) means if you do not know whether she menstruates or not. Those who do not longer menstruate and those who have not yet menstruated, their 'iddah is three months.
By virtue of the Statement of Allah : "...and for those who have no (monthly) courses (i.e. they are still immature).. (V.65:4) And the 'Idda for the girl before puberty is three months (in the above Verse).
5133. Narrated 'Aishah; that the Prophet wrote the marriage contract with her when she was six years old and he consummated his marriage when she was nine years old, and then she remained with him for nine years (i.e. till his death).Al-Bukhari (au.), Muhammad M. Khan (tr.), Dar-us-Salam Publications, vol. 7, book 67, ch. 39, p. 57, ISBN 9960-717-38-0, June 1, 1997, http://archive.org/download/SahihAl-bukhari9Vol.Set/SahihAl-bukhariVol.7-Ahadith5063-5969.pdf.
From Sahih Muslim:
The following Muwatta hadith shows it's permissible to marry girls who have not reached puberty:
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."
Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies."
Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.
Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."The following is from Fath al-Bari, one of the most authoritative commentaries on Sahih Al-Bukhari:
(واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ )
أي فدل على أن نكاحها قبل البلوغ جائز
Recent Fatwas
IslamOnline.net is one of the most popular Islamic fatwa sites on the internet. The following excerpt is taken from a December 2010 fatwa.
Submitted by Ahmad, IslamOnline, December 24, 2010
Moreover, the interest of Shariah proves it. So the claim that this was abrogated is not correct. And the Hadith did not include that meaning; it just states that a virgin woman is not to be married until consulted.
The evidence from the Qur'an is:
1. The saying of Allah: "And those of your women as have passed the age of monthly courses, for them the 'Iddah (prescribed period), if you have doubts (about their periods), is three months, and for those who have no courses [(i.e. they are still immature) their 'Iddah (prescribed period) is three months likewise, except in case of death]". (At-Talaq 65:4)
So, Allah set rulings of marriage, divorce and waiting period for the women who have not yet had menses, i.e. the young girls.
The Iddah (waiting period) does not take place except after marriage.Islamweb, Fatwa No. 88089, June 24, 2004
Modern Views and Perspectives on the Meaning of Qur'an 65:4
The Qur'an prohibits marriage to pre-pubescent females
Some Modern du'aah who decry the traditional sources as endorsing pedophilia often take issue with the interpretation of the wording of Qur'an 65:4 in these source. They see the verse as limited to women of current-day adulthood and not pre-pubescent women (again taking as a starting point modern modes of understanding "adulthood" for women.[10]. Qur'an 4:6 is often leveraged as part of this argument:
Transliteration: Waibtaloo alyatama hatta itha balaghoo alnnikaha fa-in anastum minhum rushdan faidfaAAoo ilayhim amwalahum wala ta/kulooha israfan wabidaran an yakbaroo waman kana ghaniyyan falyastaAAfif waman kana faqeeran falya/kul bialmaAAroofi fa-itha dafaAAtum ilayhim amwalahum faashhidoo AAalayhim wakafa biAllahi haseeban
Yusuf Ali: Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is Allah in taking account.
Pickthal: Prove orphans till they reach the marriageable age; then, if ye find them of sound judgment, deliver over unto them their fortune; and devour it not by squandering and in haste lest they should grow up Whoso (of the guardians) is rich, let him abstain generously (from taking of the property of orphans); and whoso is poor let him take thereof in reason (for his guardianship). And when ye deliver up their fortune unto orphans, have (the transaction) witnessed in their presence. Allah sufficeth as a Reckoner.
Shakir: And test the orphans until they attain puberty; then if you find in them maturity of intellect, make over to them their property, and do not consume it extravagantly and hastily, lest they attain to full age; and whoever is rich, let him abstain altogether, and whoever is poor, let him eat reasonably; then when you make over to them their property, call witnesses in their presence; and Allah is enough as a Reckoner.The word Nikah can have multiple understandings:
- According to the Islamic Shar'iah, "Nikah" is a technical term, whose Shar'i (Islamic legal) meaning is "the consumation of a marriage through vaginal intercourse" and in many Islamic languages and cultures, such as Urdu speaking Muslims in South Asia, this by extension merely means "(Islamic) marriage." In Arabic, though , Zuwaaj زواج[11] is the specific word for just "marriage" (although the contract of marriage which both parties sign is called "'aqd an-nikaah" عقد النكاح), but the Qur'an uses both words in reference to marrying women; Nikaah for human females and Zuwaaj for the Houris.
- The underlying, literal meaning of "Nikaah" in Arabic language is vaginal, "Sexual Intercourse"
Few Modern du'aah use this word "Nikaah" in this verse to mean "marriage" (i.e. till they (the orphans) reach the age of marriage). Their argument is that this verse links the age of "Nikaah" with "becoming sound in Judgement to take care of the property", and thus a child's Nikaah is impossible while a child does not have the sound judgement to take care of his/her property.
But contrary to these modern Islamic advocates, the traditional view of Muslim 'ulamaa' of the last 1400 years was that word "Nikaah" had been used in it's literal meaning here (i.e. reaching the age where they are able to do the sexual intercourse). And their arguments are as follows:
Firstly, this verse is talking about the "male orphans" and not about the "female orphans". It becomes evident from the Arabic word بَلَغُوا (balaghū) in this verse, and the Arabic grammar used in it is (3rd person masculine plural perfect verb). This Arabic grammar could be seen at the Corpus Quran Website.
Thus the exact translation of this verse becomes: "And test the (male) orphans until they reach the age of (doing) the sexual intercourse (i.e. Nikah). Then if you perceive in them sound judgement, release their property to them ...."
Secondly, it becomes even more evident from another verse of Quran 17:34:
Come not nigh to the orphan's property except to improve it, until he attains the age of full strength
The word أَشُدَّهُ (full strength) in this verse means the age when a young boy starts feeling the desire/strength of doing sexual intercourse.
And the Arabic grammar in the word يَبْلُغَ in this verse is "3rd person masculine singular imperfect verb", which again points out that this verse is talking about the "male orphans" only. This Arabic grammar could be again seen at the Corpus Quran Website.
It should be noted that:
- As far as Shari'i 'aqd an-Nikaah (marriage) is concerned, then there is no condition present in it of reaching the أَشُدَّهُ (i.e. Strength to do the intercourse).
- And the proof is that Muhammad himself did the Shari'i Nikah with 'Aisha, when she was only 6 years old.
- And no one tests a 6 years old child for handing over his/her property to him/her, as 6 years old child has neither أَشُدَّهُ (Strength/Desire) nor he/she has any kind of "sound judgement" to look after his/her property.
Thus, the Shar'i Nikah has nothing to do with the أَشُدَّهُ (strength), as Muhammad did this Shar'i Nikah with 6 years 'Aisha.
Actually, even at the age of 9, when 'Aisha finally came to the house of Muhammad for the consummation of marriage, still she was not mentally sound enough to look after any property or business. It is evident from the following hadith:
According to Islamic Sharia:
- When a girl reaches puberty, then she herself gets the right to give her consent for the marriage, or to deny the marriage.
- But if she is a minor or prepubescent girl, then her father/guardian could wed her to anyone even without her consent[12].
- And if she is a prepubescent and also an orphan, then her guardian has the right to wed her with himself (even without her consent), in order to get her property and the wealth.
It is evident from the following hadith:
And it is also evident from the following Quranic Verse:
Thus a prepubescent girl is practically at the mercy of her guardian, and he could marry her to himself, even without her consent, and even for very little Mahr price.
The Tafsir's agree with this understanding of 4:6:
Allah said,
[وَابْتَلُواْ الْيَتَـمَى]
(And test orphans) meaning, test their intelligence, as Ibn `Abbas, Mujahid, Al-Hasan, As-Suddi and Muqatil bin Hayyan stated.
[حَتَّى إِذَا بَلَغُواْ النِّكَاحَ]
(until they reach the age of marriage), the age of puberty, according to Mujahid. The age of puberty according to the majority of scholars comes when the child has a wet dream. In his Sunan, Abu Dawud recorded that `Ali said, "I memorized these words from the Messenger of Allah ,
«لَا يُتْمَ بَعْدَ احْتِلَامٍ، وَلَا صُمَاتَ يَوْمٍ إِلَى اللَّيْل»
(There is no orphan after the age of puberty nor vowing to be silent throughout the day to the night.) In another Hadith, `A'ishah and other Companions said that the Prophet said,
«رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ، عَنِ الصَّبِيِّ حَتَّى يَحْتَلِمَ، وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ، وَعَنِ الْمَجْنُونِ حَتَّى يُفِيق»
s(The pen does not record the deeds of three persons: the child until the age of puberty, the sleeping person until waking up, and the senile until sane.) Or, the age of fifteen is considered the age of adolescence. In the Two Sahihs, it is recorded that Ibn `Umar said, "I was presented in front of the Prophet on the eve of the battle of Uhud, while I was fourteen years of age, and he did not allow me to take part in that battle. But I was presented in front of him on the eve of the battle of Al-Khandaq (The Trench) when I was fifteen years old, and he allowed me (to join that battle). `Umar bin `Abdul-`Aziz commented when this Hadith reached him, "This is the difference between a child and an adult. There is a difference of opinion over whether pubic hair is considered a sign of adulthood, and the correct opinion is that it is. The Sunnah supports this view, according to a Hadith collected by Imam Ahmad from `Atiyah Al-Qurazi who said, We were presented to the Prophet on the day of Qurizah, whoever had pubic hair was killed, whoever did not was left free to go, I was one of those who did not, so I was left free. The Four Sunan compilers also recorded similar to it. At-Tirmidhi said, "Hasan Sahih. Allah's statement,
[فَإِنْ ءَانَسْتُمْ مِّنْهُمْ رُشْداً فَادْفَعُواْ إِلَيْهِمْ أَمْوَلَهُمْ]
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }
Tafsir al-Jalalayn
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }
Tafsîr Ibn Abbas
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }
Al-Wahidi, Asbab Al-Nuzul
The Arabic word “Nisaa'” does not refer to young females
Some defenders of the Qur'an, speaking in English, claim that the Qur'an only uses the word Nisaa' to refer to mature, adult women, therefore 65:4 cannot be talking about pre-pubescent females.[13] This linguistic argument does not hold water, even just on the basis of the Qur'an itself as a text. The word merely means "women/females" and can refer to mixed groups of women of various ages, as the English "female" or "women." Here are some verses that use the word "nisaa'":
Transliteration: Waith najjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuthabbihoona abnaakum wayastahyoona Nisaa'akum wafee thalikum balaon min rabbikum AAatheemun
Transliteration: Waqala almalao min qawmi firawna atatharu moosa waqawmahu liyufsidoo fee alardi wayatharaka waalihataka qala sanuqattilu abnaahum wanastahyee Nisaa'ahum wainna fawqahum qahiroona
Transliteration: Waith anjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuqattiloona abnaakum wayastahyoona Nisaa'akum wafee thalikum balaon min rabbikum AAatheemun
Transliteration: Waith qala moosa liqawmihi othkuroo niAAmata Allahi AAalaykum ith anjakum min ali firawna yasoomoonakum sooa alAAathabi wayuthabbihoona abnaakum wayastahyoona Nisaa'akum wafee thalikum balaon min rabbikum AAatheemun
Transliteration: Falamma jaahum bialhaqqi min AAindina qaloo oqtuloo abnaa allatheena amanoo maAAahu waistahyoo Nisaa'ahum wama kaydu alkafireena illa fee dalalin
In the above verses, the word "Nisaa'" is referring to female infants. The biblical original of this story, which the Qur'an relies upon and which commentary on the Qur'an confirms in this case,
Moreover the Quran itself clarifies “Who the Nisa are”.
Transliteration: Wayastaftoonaka fee alnnisa-i quli Allahu yufteekum feehinna wama yutla AAalaykum fee alkitabi fee yatama alnnisa-i allatee la tu/toonahunna ma kutiba lahunna watarghaboona an tankihoohunna waalmustadAAafeena mina alwildani waan taqoomoo lilyatama bialqisti wama tafAAaloo min khayrin fa-inna Allaha kana bihi AAaleeman
Literal: And they ask for your opinion/clarification about the women, say: "God decreed/clarifies in them (F), and what is read/recited on you in The Book in the women orphans/minors that lose their father, those who (F) you did not give them (F) what was written/dictated to them (F), and you desire that you marry them (F), and the weakened from the children/newborns, and that you take care of to the orphans/minors that lose their father with the just/equitable; and what you make/do from goodness, so that God was/is with it knowledgeable."[14]Here Muhammad is asked who the "Nisaa'" were, and the response delineates who they are:
- Orphans
- Female wards
- Those you desire to marry
- The weakened from the children or new born.
65.4 talks only of the 'Iddah and not of sexual activity
One point of focus for modern commentators, seeking to defend the Qur'an from the charge of endorsing pedophilia, is that 65:4 does not explicitly discuss consummation or other sexual activity in regards to any of the females discussed in the verse; it merely sets the prescribed 'Iddah required for each.[15]The 'iddah (prescribed waiting period) for females is required after a divorce or widowing, so that a child's father can be correctly identified. In addition to multiple tafsir and hadith traditions on 65:4, this is also established in Qur'an 33:49:
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَٰتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا
O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.The tafsirs further expound on the meaning of the 'iddah according to this verse:
49. O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no `Iddah have you to count in respect of them. So, give them a present, and set them free in a handsome manner.)
This Ayah contains many rulings, including the use of the word Nikah for the marriage contract alone. There is no other Ayah in the Qur'an that is clearer than this on this point. It also indicates that it is permissible to divorce a woman before consummating the marriage with her.
(الْمُؤْمِنَـتِ)
(believing women) This refers to what is usually the case, although there is no difference between a believing (Muslim) woman and a woman of the People of the Book in this regard, according to scholarly consensus. Ibn `Abbas, may Allah be pleased with him, Sa`id bin Al-Musayyib, Al-Hasan Al-Basri, `Ali bin Al-Husayn Zayn-ul-`Abidin and a group of the Salaf took this Ayah as evidence that divorce cannot occur unless it has been preceded by marriage, because Allah says,
(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)
(When you marry believing women, and then divorce them)
The marriage contract here is followed by divorce, which indicates that the divorce cannot be valid if it comes first. Ibn Abi Hatim recorded that Ibn `Abbas, may Allah be pleased with him, said, "If someone were to say, `every woman I marry will ipso facto be divorced,' this does not mean anything, because Allah says:
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)
(O you who believe! When you marry believing women, and then divorce them....). It was also reported that Ibn `Abbas, may Allah be pleased with him, said: "Allah said,
(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)
(When you marry believing women, and then divorce them.) Do you not see that divorce comes after marriage A Hadith to the same effect was recorded from `Amr bin Shu`ayb from his father from his grandfather, who said: "The Messenger of Allah said:
«لَا طَلَاقَ لِابْنِ آدَمَ فِيمَا لَا يَمْلِك»
(There is no divorce for the son of Adam with regard to that which he does not possess.) This was recorded by Ahmad, Abu Dawud, At-Tirmidhi and Ibn Majah. At-Tirmidhi said, "This is a Hasan Hadith, and it is the best thing that has been narrated on this matter. It was also recorded by Ibn Majah from `Ali and Al-Miswar bin Makhramah, may Allah be pleased with them, that the Messenger of Allah said:
«لَا طَلَاقَ قَبْلَ نِكَاح»
(There is no divorce before marriage.)
(فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا)
(no `Iddah have you to count in respect of them.) This is a command on which the scholars are agreed, that if a woman is divorced before the marriage is consummated, she does not have to observe the `Iddah (prescribed period for divorce) and she may go and get married immediately to whomever she wishes. The only exception in this regard is a woman whose husband died, in which case she has to observe an `Iddah of four months and ten days even if the marriage was not consummated. This is also according to the consensus of the scholars.
(فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)
(So, give them a present, and set them free in a handsome manner.) The present here refers to something more general than half of the named dowery or a special gift that has not been named. Allah says:
(وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ)
(And if you divorce them before you have touched (had a sexual relation with) them, and you have fixed unto them their due (dowery) then pay half of that) (2:237). And Allah says:
(لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ)
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)
Tafsir al-Jalalayn
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)
Tafsir 'Ibn Abbas
This verse effectively removes the apologist's objection to Qur'an 65.4 as we see clearly that if a man has not consummated his marriage with his wife then she does not need to observe an 'iddah. If Qur'an 65.4 specifies that pre-pubescent females must observe a 3 month 'iddah then clearly sexual intercourse is halal to Allah.
This verse is only talking about adult women who don't know if they are pregnant
The very reason 65:4 was revealed in the first place, was as a clarification to an existing revelation by Allah. Allah had already revealed that women must wait 3 menstrual periods before they can end the 'iddat and be free to marry again. This is in Qur'an 2:228:
However, after this, Muslim men went to Muhammad to ask about those who did not presently have their menses - how do they measure the 'iddat in those cases? It is in this circumstance that Allah sent down the clarification (65:4) for the three groups of women that did not have menstruation, therefore they could not wait the '3 menstrual cycles' as mandated by Qur'an 2:228.
Those Muslims who make this claim are ignoring what all of their own scholars have said about 65:4; that it is referring to the peri-menopausal and post menopausal women, the pre-pubescent girls and the pregnant women. The women who are currently menstruating are told in Qur'an 2:228 that they must wait 3 menstrual cycles, therefore this apologetic is also debunked.
This verse is applied to unconsummated widows
Another claim is that Qur'an 65:4 doesn't necessarily mean that Muslim men can have sex with pre-pubescent females because there may be cases where a man has married a pre-pubescent female, but while waiting for her to attain menstruation before consummating the marriage, he died. The 'iddah could be referring to a situation such as this. This claim is invalid because the Qur'an specifies the 'iddah for all widows to be 4 months and 10 days; in Qur'an 2:234:
Snce the 'Iddah specified in Qur'an 65.4 is for a different amount of time, this situation would not seem to be the subject of 65:4.
See Also
Translations
- A version of this page is also available in the following languages: French. For additional languages, see the sidebar on the left.
External Links
- Marriage to Minors: Surah At-Talaq (65:4) - Answering Islam
References
- ↑ YEMEN: Deep divisions over child brides - IRIN, March 28, 2010
- ↑ 2.0 2.1 2.2 Elabbas Benmamoun, Arabic morphology: The central role of the imperfective, Lingua 108 (1999) 175-201
- ↑ Arabic grammar - Wikipedia
- ↑ Jussive - Wikipedia
- ↑ Lam = ل - StudyQuran
- ↑ ح = Ha - StudyQuran
- ↑ The ‘iddah of a woman divorced by talaaq - Islam Q&A, Fatwa No. 12667
- ↑ Al-Islam (Arabic text)
- ↑ IslamWeb (Arabic text)
- ↑ Abu Amina Elias AKA Justin Parrott, "Does verse 65:4 encourage child marriage?", Faith in Allah الإيمان بالله "Any practice that causes harm to children is unlawful in Islam.", https://www.abuaminaelias.com/verse-65-4-child-marriage/.
- ↑ Lane's Lexicon - Zay-Waw-Jiim
- ↑ The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. Fatwa Website Islam Q&A.
- ↑ "that the Arabic word ‘Nisa’ could also refer to ‘female children’. Let us take a look in Arabic-English dictionaries. The Arabic word ‘Nisa’ has been used 59 times in the Quran. Not once has the word ‘Nisa’ been used for a ‘child(ren)’, it has always referred to mature adult women. Dr. Rohi Baalbaki, says in Al-Mawrid: A modern Arabic-English Dictionary:", Kaleef K. Karim, "Quran 65:4 – The Child Marriage Claim", Discover The Truth, https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/
- ↑ 4. An-Nisa - Women (سورة النساء) - Revealed in Madinah (English: Literal) - IslamicNature, accessed November 27, 2011
- ↑ "Quran 65:4 – The Child Marriage Claim", Discover The Truth, https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/.