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Shari'ah (Islamic Law): Difference between revisions
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====Polygamy==== | ====Polygamy==== | ||
{{Main|Polygamy in Islam}} | {{Main|Polygamy in Islam}} | ||
Under Islam, a husband has a right to take up to four wives (due to {{Quran|4|3}}) and has significant control over his wives. Under the Hanbali (but not Hanafi) school, women may stipulate conditions in the marriage contract to grant greater freedom of movement or to object to her husband taking additional wives, with a right to divorce if these are broken.<ref>John L. Eposito, "Women in Muslim Family Law", 2001, p. 22</ref> In many cases such stipulations will not have been agreed ahead of the marriage, though some modern reforms of family law have sought to improve the situation. Otherwise the husband's rights are automatic. | |||
====Child marriage==== | ====Child marriage==== | ||
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{{quote |1=[http://www.islamicstudies.info/tafheem.php?sura=65 Sayyid Abul Ala Maududi: Tafhim al Quran. Commentary on Quran Chapter 65:4]|2=....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'''.}} | {{quote |1=[http://www.islamicstudies.info/tafheem.php?sura=65 Sayyid Abul Ala Maududi: Tafhim al Quran. Commentary on Quran Chapter 65:4]|2=....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'''.}} | ||
As has already been mentioned, Muhammad committed child marriage, and even according to the most stringent clinical definition of child marriage- the DSM-IV-TR, he was a pedophile. His actions fulfilled all three requirements needed for a positive diagnosis; he had sexual urges/relations towards/with a pre-pubescent child (generally age 13 years or younger) over a period of at least six months, he acted on those sexual urges, and he was over 16 years old and at least 5 years older than the child involved. Muhammad was engaged to ''Aisha bint Abu Bakr'' when she was only six years of age and he was fifty-one, and consummated the relationship while she was still pre-pubescent, aged just 9 years old<ref>"''....the Prophet married her when she was six years old and he consummated his marriage when she was nine years old...." - {{Bukhari|7|62|64}}''</ref> | As has already been mentioned, Muhammad committed child marriage, and even according to the most stringent clinical definition of child marriage- the DSM-IV-TR, he was a pedophile. His actions fulfilled all three requirements needed for a positive diagnosis; he had sexual urges/relations towards/with a pre-pubescent child (generally age 13 years or younger) over a period of at least six months, he acted on those sexual urges, and he was over 16 years old and at least 5 years older than the child involved. Muhammad was engaged to ''Aisha bint Abu Bakr'' when she was only six years of age and he was fifty-one, and consummated the relationship while she was still pre-pubescent, aged just 9 years old<ref>"''....the Prophet married her when she was six years old and he consummated his marriage when she was nine years old...." - {{Bukhari|7|62|64}}''</ref> Some have suggested that it was the 'cultural norm' and Aisha was 'offered' in marriage by her father. However, It was Muhammad who approached Abu Bakr, and Abu Bakr originally protested.<ref>"''....The Prophet asked Abu Bakr for 'Aisha's hand in marriage. Abu Bakr said "But I am your brother."....''" - {{Bukhari|7|62|18}}</ref> However, even if she was offered to Muhammad, this does not alter the fact that as the 'uswa hasana' his actions are forever considered lawful and morally acceptable in Islam. Muhammad even justified his attraction to Aisha with a 'divine' vision from Allah.<ref>"''....You were shown to me twice (in my dream) before I married you. I saw an angel carrying you in a silken piece of cloth, and I said to him, 'Uncover (her),' and behold, it was you. I said (to myself), 'If this is from Allah, then it must happen.....''" - {{Bukhari|9|87|140}}</ref> | ||
The many historical endorsements of child marriage within the Islamic traditon has been known to hinder reformist efforts to prevent this common practice in some Islamic countries, particularly when Islamic scholars enter the debate: | The many historical endorsements of child marriage within the Islamic traditon has been known to hinder reformist efforts to prevent this common practice in some Islamic countries, particularly when Islamic scholars enter the debate: | ||