Child Marriage in the Qur'an: Difference between revisions

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-The Prophet [[Muhammad]] married [[Aisha]] when she was [[Qur'an,_Hadith_and_Scholars:Aisha#Aisha.27s_Age_at_Consummation_and_Marriage|six]], and had [[sex|sexual intercourse]] with her while she still remained pre-pubescent at the age of nine [[Islamic Lunar Calendar|lunar years]]. This fact has been recorded many times in [[Sahih]] [[Hadith|ahadith]]. In addition, the Qur'an in verse 33:49 that states that no 'Iddah is prescribed for a woman who has ''not'' had intimate contact with her husband, but goes on to stipulate the 'Iddah for pre-pubescent girls in verse 65:4, has been interpreted to mean that the h[[Qur'an]] supports marrying and having sex with prepubescent girls. Despite the discomfort that this causes for modern readers, the conclusion seems to be that the Qur'an endorses sexual intercourse (as a part of Islamic marriage) with pre-pubescent girls.
+The Prophet [[Muhammad]] married [[Aisha]] when she was [[Qur'an,_Hadith_and_Scholars:Aisha#Aisha.27s_Age_at_Consummation_and_Marriage|six]], and had [[sex|sexual intercourse]] with her while she still remained pre-pubescent at the age of nine [[Islamic Lunar Calendar|lunar years]]. This fact has been recorded many times in [[Sahih]] [[Hadith|ahadith]]. In addition, the Qur'an in verse 33:49 that states that no 'Iddah is prescribed for a woman who has ''not'' had intimate contact with her husband, but goes on to stipulate the 'Iddah for pre-pubescent girls in verse 65:4, has been interpreted to mean that the[[Qur'an]] supports marrying and having sex with prepubescent girls. Despite the discomfort that this causes for modern readers, the conclusion seems to be that the Qur'an endorses sexual intercourse (as a part of Islamic marriage) with pre-pubescent girls.
 [[File:Women protesters.jpg|right|thumb|300px|March 23, 2010: Women protesters hold up copies of the Qur'an outside parliament in Sanaa while stating that a proposed law banning marriages under the age of 17 in Yemen is un-Islamic<ref>[http://www.irinnews.org/Report.aspx?ReportId=88589 YEMEN: Deep divisions over child brides] - IRIN, March 28, 2010</ref>]]
 ==Introduction==
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 The bold text translates as “They are those who haven’t reached the age of menstruation”. Tabrasi comments on the phrase “Wallaee Lam yahidhna” = “Those who have not menstruated yet” in the verse.
-===Al-Shoukani===
+===Al-Shawkani===
 {{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=9&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=3&Size=1&LanguageId=1 Qur'an 65:4]<BR>Al-Shoukani, Fath al-Qadir|2= {{right|
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 '''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.}}
-Both Yusuf Ali and Pickthal render the phrase of "marriageable age"/"age of marriage", whereas Shakir says "attain puberty", the actual word used is [[Nikah]] which literally translated means "fuck" <ref>[http://www.studyquran.org/LaneLexicon/Volume8/00000102.pdf Lane's Lexicon: Volume 8, Page 102 - Nun-Kaf-Ha]</ref> . ''Zuwaj'' <ref>[http://www.studyquran.co.uk/28_ZAY.htm Lane's Lexicon - Zay-Waw-Jiim]</ref> is the correct word for marriage in Arabic, but the Qur'an uses both words in reference to marrying women; Nikah for human females and Zuwaj for the Houris. This means that Shakir's translation of "attain puberty" is not correct, as the actual word being translated is used regarding marriage and has nothing to do with puberty.
+Please note that the word [[Nikah]] has double meaning in Arabic language:
-Furthermore, this verse is not even discussing marriage; it's talking about those who have guardianship over ''male'' orphans; that when they judge them to be mentally mature enough, they should give over their property to them. The verse simply says that you can start testing them for this maturity when they reach "marriageable age" - it does not specify that age. The Tafsir's agree with this understanding of 4:6:
+# According to the Islamic Sharia, "Nikah" is a terminology, whose Shar'i meaning is "marriage". Actually, ''Zuwaj'' <ref>[http://www.studyquran.co.uk/28_ZAY.htm Lane's Lexicon - Zay-Waw-Jiim]</ref> is the correct word for marriage in Arabic, but the Qur'an uses both words in reference to marrying women; Nikah for human females and Zuwaj for the Houris.
+# While the literal meaning of "Nikah" in Arabic language is "[[Nikah (Sexual Consummation of Marriage)|Fuck/Sexual Intercourse]]"
+Few Modern Islam advocates use this word "Nikah" in this verse as "marriage" (i.e. till they (the orphans) reach the age of marriage). Their argument is that this verse links the age of "Nikah" with "becoming sound in Judgement to take care of the property", and thus a child's Nikah is impossible while a child does not have the sound judgement to take care of his/her property.
+But contrary to these few modern Islam advocates, the traditional view of Muslim Ulama of the last 1400 years was that word "Nikah" 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 under:
+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 [https://corpus.quran.com/wordbyword.jsp?chapter=4&verse=6 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:
+{{Quote|{{Quran|17|34}}|وَلَا تَقْرَبُوا۟ مَالَ ٱلْيَتِيمِ إِلَّا بِٱلَّتِى هِىَ أَحْسَنُ حَتَّىٰ يَبْلُغَ '''أَشُدَّهُۥ''' ۚ </br>
+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 [https://corpus.quran.com/wordbyword.jsp?chapter=17&verse=34 Corpus Quran Website].
+Thirdly, please note that:
+* As far as Shar'i Nikah (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 Shar'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:
+{{Quote|{{Bukhari|||6130|darussalam}}|Narrated `Aisha:
+I used to play with the dolls in the presence of the Prophet, and my girl friends also used to play with me. When Allah's Messenger (ﷺ) used to enter (my dwelling place) they used to hide themselves, but the Prophet would call them to join and play with me.}}
+Fourtly, 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<ref>[https://islamqa.info/en/answers/12708/is-it-acceptable-to-marry-a-girl-who-has-not-yet-started-her-menses The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. Fatwa Website Islam Q&A.] </ref>.
+* 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:
+{{Quote|{{Bukhari|||5064|darussalam}}|Narrated 'Urwa:
+that he asked `Aisha about the Statement of Allah: 'If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice, two or three or four; but if you fear that you shall not be able to deal justly (with them), then only one, or (the captives) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! '''(This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr''', and they are ordered to marry other women instead of them."}}
+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:
 {{quote|1=[http://tafsir.com/default.asp?sid=4&tid=10463 Giving Back the Property of the Orphans When They Reach Adulthood (Qur'an 4:6)]<BR>Tafsir Ibn Kathir|2=
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 ===65.4 talks only of the 'Iddah and not of sexual activity===
-Often pointed out is the fact that 65.4 does not explictly 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. The 'iddah (prescribed waiting period) for females is required after a divorce or widowing, so that a child's father can be correctly idenfitied.  This is established in Qur'an 33:49. The verse is quoted above.
+Often pointed out is the fact 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. The 'iddah (prescribed waiting period) for females is required after a divorce or widowing, so that a child's father can be correctly identified.  This is established in Qur'an 33:49. The verse is quoted above.
 Here are some tafsirs on this ayah: