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Child Marriage in Islamic Law: Difference between revisions
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{{Main|Child Marriage in the Qur'an}} | {{Main|Child Marriage in the Qur'an}} | ||
The Qur'an permits | The Qur'an permits child marriage. Verse 4 of Surah 64 provides guidelines regarding divorce a wife who has not yet menstruated. | ||
{{Quote|{{Quran|65|4}}|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 <i>courses</i>'''; 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.}} | {{Quote|{{Quran|65|4}}|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 <i>courses</i>'''; 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.}} | ||
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===Muhammad's marriage to Aisha=== | ===Muhammad's marriage to Aisha=== | ||
{{Main|Aisha's Age| | {{Main|Aisha's Age|3=Qur'an, Hadith and Scholars:Aisha}}<br /> | ||
==== Modern disputations regarding her age ==== | |||
{{Main|Aisha's Age}} | |||
The age of Aisha was not disputed by earlier scholars but a surge of recent scholars claim that Aisha was actually older than nine lunar years at time of the consummation of her marriage to Prophet Muhammad. They find the Sahih hadiths of her own testimony mistaken, and opt to use indirect sources and disputed dating techniques to calculate different ages. These heavily criticized 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. | |||
The polemics can be broadly categorized into these categories; discrediting Hisham ibn Urwah and the Iraqi narrators, 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, as well as the use of misquoted references and oftentimes what is plainly erroneous information. | |||
The majority of Muslim scholars agree with the sahih hadith of Aisha's young age. This has been the mainstream Muslim understanding throughout Islam's 1,400 year history, and many scholars take offense to the new claims of Muslim apologists. | |||
==== Modern disputations regarding the word "consummate" ==== | |||
{{Main|The Meaning of Consummate}} | |||
Some reject the 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 while 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 makes it clear, however, 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 regarding this comes from a lack of understanding regarding the English phrase "consummation of marriage", an ignorance of Arabic and an a general unwillingness to admit that the prophet had sexual intercourse with a nine year old child. | |||
===Child Marriage and Muhammad's Companions=== | ===Child Marriage and Muhammad's Companions=== | ||
{{Main|Child Marriage and Muhammad's Companions}} | {{Main|Child Marriage and Muhammad's Companions}} | ||
In the early 7th century | In the early 7th century, Child marriage was common. Umar, the 2<sup>nd</sup> caliph of Islam, married Umm Kulthum when she was 10-12 years old. Some sources even say that she was five years old when Umar married her.<ref>"<nowiki>'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 '</nowiki>Umar." | ||
Tarikh Khamees, Volume 2, p. 384 ('Dhikr Umm Kalthum') and Zakhair Al-Aqba, p. 168</ref> | Tarikh Khamees, Volume 2, p. 384 ('Dhikr Umm Kalthum') and Zakhair Al-Aqba, p. 168</ref> | ||
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==Relevant Quotations== | ==Relevant Quotations== | ||
{{Quote|1={{Quran|65|4}}|2=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.}}{{quote |1=[http://www.tafsir.com/default.asp?sid=65&tid=54196 Exegesis on (Qur'an 65:4)]<BR>Tafsir Ibn Kathir |2= 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.}}{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir al-Jalalayn|2= 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.}}{{Quote|1={{Bukhari|5|58|236}}|2=Narrated Hisham's father: Khadija died three years before the Prophet departed to Medina. He stayed there for two years or so and then '''he married 'Aisha when she was a girl of six years of age, and he consumed that marriage when she was nine years old.'''}}{{Quote|1={{Bukhari|7|62|64}}|2=Narrated 'Aisha: that '''the Prophet married 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).}} | {{Quote|1={{Quran|65|4}}|2=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.}}{{quote |1=[http://www.tafsir.com/default.asp?sid=65&tid=54196 Exegesis on (Qur'an 65:4)]<BR>Tafsir Ibn Kathir |2= 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.}}{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir al-Jalalayn|2= 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.}}{{Quote|1={{Bukhari|5|58|236}}|2=Narrated Hisham's father: Khadija died three years before the Prophet departed to Medina. He stayed there for two years or so and then '''he married 'Aisha when she was a girl of six years of age, and he consumed that marriage when she was nine years old.'''}}{{Quote|1={{Bukhari|7|62|64}}|2=Narrated 'Aisha: that '''the Prophet married 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).}} | ||
==See Also== | ==See Also== | ||
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'''Other Core Articles''' | '''Other Core Articles''' | ||
''Core articles contain an overview of other articles related to a specific issue | ''Core articles contain an overview of other articles related to a specific issue:'' | ||
*[[Islam and Apostasy]] | *[[Islam and Apostasy]] | ||
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==External Links== | ==External Links== | ||
*[{{Reference archive|1=http://www.sex-in-islam.com/amar.khan/Pedophilia-in-Islam.htm|2=2011-06-01}} A Complete Guide to Pedophilia in Islam] | *[{{Reference archive|1=http://www.sex-in-islam.com/amar.khan/Pedophilia-in-Islam.htm|2=2011-06-01}} A Complete Guide to Pedophilia in Islam] | ||
*[{{Reference archive|1=http://www.npr.org/templates/story/story.php?storyId=5541006|2=2011-06-01}} | *[{{Reference archive|1=http://www.npr.org/templates/story/story.php?storyId=5541006|2=2011-06-01}} Photo Op: Child Brides in Afghanistan] | ||
==References== | ==References== | ||