Shari'ah (Islamic Law): Difference between revisions

no edit summary
[checked revision][checked revision]
No edit summary
No edit summary
Line 213: Line 213:
{{Main|Polygamy in Islam}}
{{Main|Polygamy in Islam}}


====Pedophilia====
====Child marraige====
{{Main|Islam and Pedophilia}}
{{Main|Child Marriage in Islamic Law}}


Following a precedent set by Muhammad, pedophilia is permitted under Islamic law. This practice is sanctioned by both the Qur'an and the Hadith. In the Qur'an we find this in verse 65:4. This verse deals with the '''Iddat''' (العدة‎), which is a waiting period a female must observe before she can remarry. The stipulated waiting period for a divorced girl who has not yet menstruated is three months. The meaning of this verse has been clarified by numerous tafsir's (authoritative Qur'anic commentaries) and many sahih hadith. Muhammad himself has been recorded by authentic Islamic sources explaining the meaning of this verse as "those who never had menses, their prescribed period is three months before puberty."<ref>"''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.''" - {{cite web |url=http://hadith.al-islam.com/display/Display.asp?Doc=0&Rec=7644 |title=Hadith in Arabic from Al-Islam.com |archiveurl=http://archive.is/20120915/http://hadith.al-islam.com/display/Display.asp?Doc=0&Rec=7644 |archivedate=2012-09-15 |accessdate=2012-09-15}}</ref> While some (but definitely not all) Western Muslims have rejected this sanction of pedophilia within their holy text, they generally hold no sway over the wider Muslim community, and their views are usually limited to the universities they pronounce them from; it is the Islamic texts themselves which hold the power, and Islamic scholars in the modern era still agree that marrying and having sex with pre-pubescent girls is permitted. For example; the influential Muslim scholar and thinker ''Syed Abul A'ala Maududi'' (1903 - 1979) commented on verse 65:4 and those who attempt to deny scripture:
Following a precedent set by Muhammad, child marriage is permitted under Islamic law. This practice is sanctioned by both the Qur'an and the Hadith. In the Qur'an we find this in verse 65:4. This verse deals with the '''Iddat''' (العدة‎), which is a waiting period a female must observe before she can remarry. The stipulated waiting period for a divorced girl who has not yet menstruated is three months. The meaning of this verse has been clarified by numerous tafsir's (authoritative Qur'anic commentaries) and many sahih hadith. Muhammad himself has been recorded by authentic Islamic sources explaining the meaning of this verse as "those who never had menses, their prescribed period is three months before puberty."<ref>"''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.''" - {{cite web |url=http://hadith.al-islam.com/display/Display.asp?Doc=0&Rec=7644 |title=Hadith in Arabic from Al-Islam.com |archiveurl=http://archive.is/20120915/http://hadith.al-islam.com/display/Display.asp?Doc=0&Rec=7644 |archivedate=2012-09-15 |accessdate=2012-09-15}}</ref> While some (but definitely not all) Western Muslims have rejected this sanction of child marriage within their holy text, they generally hold no sway over the wider Muslim community, and their views are usually limited to the universities they pronounce them from; it is the Islamic texts themselves which hold the power, and Islamic scholars in the modern era still agree that marrying and having sex with pre-pubescent girls is permitted. For example; the influential Muslim scholar and thinker ''Syed Abul A'ala Maududi'' (1903 - 1979) commented on verse 65:4 and those who attempt to deny scripture:


{{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 pedophilia, and even according to the most stringent clinical definition of pedophilia - the DSM-IV-TR, [[Muhammad and the Clinical Definition of Pedophilia|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> (the sahih hadiths also tell us she remained pre-pubescent until aged fifteen).<ref>"''....Dr Muhsin Khan in the official text published in Islamic University - Al-Medina Al-Munauwara, Saudi Arabia says in two related ahadith that Aisha had not reached puberty when she was 15 years old....''" - [[Pedophilia Revisited]]</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>
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> (the sahih hadiths also tell us she remained pre-pubescent until aged fifteen).<ref>"''....Dr Muhsin Khan in the official text published in Islamic University - Al-Medina Al-Munauwara, Saudi Arabia says in two related ahadith that Aisha had not reached puberty when she was 15 years old....''"</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>


Because of its many endorsements within Islam, child marriages are common practice in many Islamic countries, and are generally endorsed by Islamic scholars:
Because of its many endorsements within Islam, child marriages are common practice in many Islamic countries, and are generally endorsed by Islamic scholars:
Editors, recentchangescleanup, Reviewers
6,633

edits