Qur'an, Hadith and Scholars:Child Marriage: Difference between revisions

Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, and for those who have no courses (it is the same): for those who carry (life within their wombs), their period is until they deliver their burdens: and for those who fear Allah, He will make their path easy.

يَقُولُ تَعَالَى مُبَيِّنًا لِعِدَّةِ الْآيِسَةِ -وَهِيَ الَّتِي قَدِ انْقَطَعَ عَنْهَا الْحَيْضُ لِكِبَرِهَا-: أَنَّهَا ثَلَاثَةُ أَشْهُرٍ، عِوَضًا عَنِ الثَّلَاثَةِ قُرُوءٍ فِي حَقِّ مَنْ تَحِيضُ، كَمَا دَلَّتْ عَلَى ذَلِكَ آيَةُ "الْبَقَرَةِ" وَكَذَا الصِّغَارُ اللَّائِي لَمْ يَبْلُغْنَ سِنَّ الْحَيْضِ أَنَّ عِدَّتَهُنَّ كَعِدَّةِ الْآيِسَةِ ثَلَاثَةُ أَشْهُرٍ؛ وَلِهَذَا قَالَ: {وَاللائِي ‌لَمْ ‌يَحِضْنَ}

The `Iddah of Those in Menopause and Those Who do not have Menses Allah the Exalted clarifies the waiting period of the woman in menopause. And that is the one whose menstruation has stopped due to her older age. Her `Iddah is three months instead of the three monthly cycles for those who menstruate, which is based upon the Ayah in (Surat) Al-Baqarah. [see 2:228] The same for the young, who have not reached the years of menstruation. Their `Iddah is three months like those in menopause. This is the meaning of His saying.

"And for those who haven't menstruated" means: The same applies to the Iddah for girls who do not menstruate because they are too young, if their husbands divorce them after consummating the marriage with them.

Here, one should bear in mind the fact that according to the explanations given in the Quran the question of the waiting period arises in respect of the women with whom marriage may have been consummated, for there is no waiting-period in case divorce is pronounced before the consummation of marriage. (Al-Ahzab: 49). Therefore, making mention of the waiting-period for the girls who have not yet menstruated, clearly proves that it is not only permissible to give away the girl in marriage at this age but it is also permissible for the husband to consummate marriage with her. Now, obviously no Muslim has the right to forbid a thing which the Quran has held as permissible.

Surah al-Talaaq 65:4: If a woman does not menstruate, either because she is very young or old and past menopause, then her ‘iddah is three months, because Allaah says (interpretation of the meaning): “And those of your women as have passed the age of monthly courses, for them the ‘Iddah (prescribed period), if you have doubt (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.^[3]

And [as for] those of your women who (read allā'ī or allā'i in both instances) no longer expect to menstruate, if you have any doubts, about their waiting period, their prescribed [waiting] period shall be three months, and [also for] those who have not yet menstruated, because of their young age, their period shall [also] be three months - both cases apply to other than those whose spouses have died; for these [latter] their period is prescribed in the verse: they shall wait by themselves for four months and ten [days] [Q. 2:234]. And those who are pregnant, their term, the conclusion of their prescribed [waiting] period if divorced or if their spouses be dead, shall be when they deliver. And whoever fears God, He will make matters ease for him, in this world and in the Hereafter.

(And for such of your women as despair of menstruation) because of old age, (if ye doubt) about their waiting period, (their period (of waiting) shall be three months) upon which another man asked: “O Messenger of Allah! "What about the waiting period of those who do not have menstruation because they are too young?” (along with those who have it not) because of young age, their waiting period is three months." Another man asked: “what is the waiting period for those women who are pregnant?” (And for those with child) i.e. those who are pregnant, (their period) their waiting period (shall be till they bring forth their burden) their child. (And whosoever keepeth his duty to Allah) and whoever fears Allah regarding what he commands him, (He maketh his course easy for him) He makes his matter easy; and it is also said this means: He will help him to worship Him well.

(And for such of your women as despair of menstruation…) [65:4]. Said Muqatil: “When the verse (Women who are divorced shall wait, keeping themselves apart…), Kallad ibn al-Nu‘man ibn Qays al-Ansari said: ‘O Messenger of Allah, what is the waiting period of the woman who does not menstruate and the woman who has not menstruated yet? And what is the waiting period of the pregnant woman?’ And so Allah, exalted is He, revealed this verse”. Abu Ishaq al-Muqri’ informed us> Muhammad ibn ‘Abd Allah ibn Hamdun> Makki ibn ‘Abdan> Abu’l-Azhar> Asbat ibn Muhammad> Mutarrif> Abu ‘Uthman ‘Amr ibn Salim who said: “When the waiting period for divorced and widowed women was mentioned in Surah al-Baqarah, Ubayy ibn Ka‘b said: ‘O Messenger of Allah, some women of Medina are saying: there are other women who have not been mentioned!’ He asked him: ‘And who are they?’ He said: Those who are too young [such that they have not started menstruating yet], those who are too old [whose menstruation has stopped] and those who are pregnant’. And so this verse (And for such of your women as despair of menstruation…) was revealed”.

and for those who haven't menstruated" means: The same applies to the Iddah for girls who do not menstruate because they are too young, if their husbands divorce them after consummating the marriage with them.

For those who are small and have not reached age (quoting the Qur'an) "for those female who have not menstruated, their waiting period is three months" i.e. their waiting period is 3 months.

The Tafsir of Surat at-Talaq

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 'idda is three months.

Giving one’s young children in marriage (is permissible) by virtue of the Statement of Allah: ‘And for those who have courses’ (i.e. they are still immature) (Sura 65:4) And the ‘Iddat [waiting period for a woman before lawful sexual intercourse] for the girl before puberty is three months (in the above Verse).

واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ ) ‏ ‏أي فدل على أن نكاحها قبل البلوغ جائز

"and those who never had menses, their prescribed period is three months before puberty, which indicates that giving her into marriage before puberty is permissible."

Ibn Abbas (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying: A woman who has been previously married (Thayyib) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent.

1- Allah said: “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.” Quran 65:4

This verse says that the Iddah for those who haven’t menstruated is three months. And since that the Iddah is only prescribed in the case of divorce, this proves that:

A-She can marry and can get divorced.

B- Marrying her off before puberty is allowed.

C- Her consent is neglected.  

2- Ayisha said: “Allah's Messenger married me when I was six years old, and consummated his marriage when I was nine”.

https://quranx.com/Hadith/Muslim/USC-MSA/Book-8/Hadith-3309

3- Muhammad’s companion Qudamah Bin Math’un married the daughter of Al-Zubayr when she was born. He said: “If I die then the daughter of Al-Zubayr will inherit me. If I live then she will be my wife”

4- Ali, Muhammad’s cousin and the fourth caliph, married off his minor daughter Um Kulthum to Umar the second caliph.

These reports show that Ayisha, Al-Zubayr’s daughter and Ali’s daughter were minors which means their consent was unviable.

Regarding the timing of the wedding of a minor wife and consummation of her marriage, if the husband and the minor’s legal guardian both agreed on something that doesn’t harm the minor then it’s done. If they disagree, Ahmad (the Imam of one of the 4 major legal schools in Sunni Islam) said that she is forced to be wed at the age of 9. Malik, Al-Shafi’i and Abu Hanifa (the remaining 3 Imams of the 4 major legal schools) said the timing is when she’s capable of enduring sexual intercourse which differs from one person to another and can’t be determined by age. This is the correct view.

“It’s possible to have sex with her” meaning there’s no specific age. Every person is different. And it’s not required for her to reach puberty because a man can receive full pleasure if the female can endure sex.

“A minor who can’t endure sex” meaning the husband isn’t obliged to provide for her whether she’s living in his home or not. Al-Shafi’i said that “the husband is actually obliged to provide for her since that providing for her is the price for owning her. It’s like how a man is obliged to provide for his slave girl”….Some scholars say if the female minor is (old enough) to be sexually desirable and it’s possible to have sexual acts with her except for intercourse, then the husband is obliged to provide for her. But if the female minor can endure sex, scholars have unanimously agreed that the husband is obliged to provide for her. Scholars have disagreed on determining the age when a minor can endure sex, with some saying it’s nine. What’s is correct is that age doesn’t matter. What matters is the capability to endure sexual intercourse; a fat big female can endure intercourse even if she’s of a young age.

It's forbidden to have sex with someone who can’t endure sex due to young age, illness or thinness because she would be harmed. She should wait until she can endure it. If a wife was handed over to her husband while she’s a minor who can’t endure sex then the husband isn’t obliged to take her because he married her for pleasure and not for custody. If he takes her then he’s not obliged to give her the dowry.

The majority of scholars say that age doesn’t matter. What matters is the ability. If she’s big and fat, can endure men and cannot fall ill from it (sex), then the husband can consummate his marriage even if she’s not nine years old yet. But if she’s thin and weak, and can’t endure intercourse, and can fall ill from it, then the husband isn’t allowed to consummate his marriage even if she’s old. This is the correct view.

Question: Is it allowed to marry a suckling baby and is it allowed to pleasure myself with her by kissing her and doing other unharmful acts excluding sex?

Answer: If the marriage contract fulfills the Islamic legal requirements then she’s considered to be his wife in all respects and he’s allowed to look at her, touch her and kiss her. He’s not allowed to have sex with her until she can endure sex without causing her any harm.

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.

Getting married at an early age is something that is confirmed by the book of Allah, the Sunnah of his Prophet (Sallallahu Alaihi wa Sallam), the consensus of the scholars and the actions of the companions, and the Muslims who came after them.

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.

A'isha (Allah be pleased with her) reported: Allah's Apostle (Mohammad) married me when I was six years old, and I was admitted to his house when I was nine years old.

"'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."

Getting married at an early age is something that is confirmed by the book of Allah, the Sunnah of his Prophet (Sallallahu Alaihi wa Sallam), the consensus of the scholars and the actions of the companions, and the Muslims who came after them...

There are many Ahadith which confirm that marriage at an early age was widespread among the companions and no one denied its permissibility. Getting married at an early age was not peculiar to the Prophet (Sallallahu Alaihi wa Sallam) as some people think, but it was general for him and for his Ummah.

The following are some of the actions of the Sahaba (companions):

1. Ali Ibn Abi Talib, may Allah be pleased with him, married his daughter, Um Kulthum to Omar Ibn Al-Khattab, may Allah be pleased with him, and she mothered a child before the death of the Prophet (Sallallahu Alaihi wa Sallam). Omar got married to her while she was young before reaching the age of puberty. This is reported by Ibn Saad in 'Al-Tabaqat'.

2. From Urwa Ibn Zubair: that Zubair, may Allah be pleased with him, married his daughter when she was very young. Reported by Saeed Ibn Mansour, in his Sunnah, and Ibn Abi Shaibah, in Al-musannaf, with a Sahih chain of narration.

Al-Shafie said in the book of Al-Um: "Many companions of the Prophet (Sallallahu Alaihi wa Sallam) married their daughters while these were still young."

Delaying the marriage of girls in many Muslim countries is something new and contradictory to what Muslims used to do over many centuries. This is because of westernization and the application of man-made laws. This caused a change in understandings and customs within a considerable number of the population, and it is absolutely not permissible to consider the customs and traditions in a given country as the standard by which people abide, and fail to obey the absolute evidences of Shariah.

In some Muslim countries, the marriage for girls has been delayed by many years beyond the age of puberty. This has indeed led to an increase in the removal of the veil from the face, and increased fornication and adultery, as well as the emergence of deviation in conduct and religion among the youth. They had become morally unstable as they lack affection, chastity, and protection their private parts from illegal sexual relations.

By delaying marriage, there is also a reduction in the number of Muslims in the Ummah, and this is contrary to the order of the Prophet (Sallallahu Alaihi wa Sallam), as he ordered us to have many children so that the Muslim nation will be greater in number than the previous nations.

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."

"It was narrated by Ahmed that a man came to him that feared that he would ejaculate while he was fasting. Ahmed said: "What I see is that he can release semen without ruining the fast, he can masturbate using his hands or the hands of his wife, If he has an "Ammah" whether be it a girl or a little child, she can masturbate for him using her hands, and if she was a non-believer, he can sleep with her without releasing (his semen), if he released it in her, it becomes impermissible".

It is incorrect to say that it's not permitted to marry off girls who are 15 and younger. A girl aged 10 or 12 can be married. Those who think she's too young are wrong and they are being unfair to her.

We hear a lot in the media about the marriage of underage girls. We should know that Shariah law has not brought injustice to women.^[4]

Our mothers and before them our grandmothers married when they were barely 12. Good upbringing makes a girl ready to perform all marital duties at that age.^[5]

The marriage of nine-year-old girls is not forbidden because according to the Hadith (the Prophet Mohammed's sayings), Mohammed married Aisha when she was only seven-years-old and he consummated his union when she was nine. A nine-year-old girl has the same sexual capacities like a woman of twenty and over.^[6]

According to the Shari'ah, if a girl is a minor (did not attain puberty), she may be given in marriage by her father. When she attains puberty, she has the right to maintain the marriage or discontinue the marriage. There is no age limit to be intimate with one's wife even if she is a minor.

Child marriage in Islam is permissible. In the Koran there is no specific age of marriage...[If the government imposed new laws against child marriage] There will be violent conflict from the Muslims, saying that 'no, we will not accept this, we'd rather die than accept something which is not a law from Allah.'^[7]

Nigeria has many uncountable problems and none of them is early marriage. As a matter of fact early marriage (is) the solution to about half of our problems. For those who wonder if I can give my daughter(s) out in marriage at the age of 9 or 13, I tell you most honestly, I can give her out at the age of 6 if I want to and it’s not your business. This is because I am a Muslim and I follow the example of the best of mankind, Muhammad ﺻَﻠَّﻰ ﺍﻟﻠَّﻪُ ﻋَﻠَﻴْﻪِ ﻭَﺳَﻠَّﻢَ...

...it is permitted to contract marriage with a young girl and to hand her over to her husband to stay with him before she reaches adolescence.

You can have a marriage contract even with a 1-year-old girl, not to mention a girl of 9, 7 or 8. But is the girl ready for sex or not? What is the appropriate age for sex for the first time? This varies according to environment and tradition.^[9][10]

Everything that is not forbidden is permitted. [The new law in Yemen that set the minimum marriage age at 17] is a Western plot aimed at Westernizing our culture. The West wants to teach us how to marry, conceive and divorce. This is cultural colonization that we reject.^[11]

Because this happened to the Prophet, we cannot tell people that it is prohibited to marry at an early age.^[12]

...it is permitted to contract marriage with a young girl and to hand her over to her husband to stay with him before she reaches adolescence.

...If she is married without her permission, by threat or coercion, then the marriage is not valid. The only exeption is in the case of the father and his daughter who is less than nine years of age. There is no harm if he gets her married while she is less than nine years old, according to the correct opinion. This is based on the messenger of Allah (peace be upon him) marrying Aisha without her consent when she was less than nine years old, as is stated in authentic Hadith...^[13]

Banning child marriage will cause challenging the marriage of the holy prophet of Islam, who also married minor Ayesha, when she was just eight years old. The new law [seeking to ban child marriages] initiated by the current government [of Bangladesh] will put the moral character of the prophet into controversy and challenge. Islam permits child marriage and it will not be tolerated if any ruler will ever try to touch this issue in the name of giving more rights to women.^[14]