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Forced Marriage: Difference between revisions
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In his book ''The Distinguished Jurist's Primer'' (which is available in English), Ibn Rushd (d. 1198 CE; known in Europe as Averroes) wrote a detailed description of the points of agreement and difference between the schools of jurisprudence regarding the right of marital consent for girls who have reached majority (bulugh) or are still minors, and for girls who are virgins or non-virgins. He states: | In his book ''The Distinguished Jurist's Primer'' (which is available in English), Ibn Rushd (d. 1198 CE; known in Europe as Averroes) wrote a detailed description of the points of agreement and difference between the schools of jurisprudence regarding the right of marital consent for girls who have reached majority (bulugh) or are still minors, and for girls who are virgins or non-virgins. He states: | ||
{{Quote|1=[https://archive.org/details/BidayatAl-mujtahidTheDistinguishedJuristsPrimerVol2/page/n7/mode/2up The Distinguished Jurist's Primer: Volume II] by Ibn Rashd (transl. Imran Ahsan Khan Nyazee) p. 5|2=They arrived at the consensus that the father can force a non-bāligh virgin and that he cannot force a divorced bāligh woman, except for isolated instances of disagreement in this, as we have indicated. | {{Quote|1=[https://archive.org/details/BidayatAl-mujtahidTheDistinguishedJuristsPrimerVol2/page/n7/mode/2up The Distinguished Jurist's Primer: Volume II] by Ibn Rashd (transl. Imran Ahsan Khan Nyazee) p. 5|2=They arrived at the consensus that the father can force a non-bāligh virgin and that he cannot force a divorced bāligh woman, except for isolated instances of disagreement in this, as we have indicated.}} | ||
According to Professor Kecia Ali, Islamic jurists considered that the Quranic concept of "''Bulugh'', majority, was usually constituted by puberty, normally menarche for a girl and first nocturnal emission for a boy, though other signs of physical maturation could be taken into account."<ref>Kecia Ali, ''Marriage and Slavery in Early Islam'', p. 32</ref> Quran verses that mention bulugh were taken into account in jurist discussions on marriage compulsion and there was also much discussion centred around the following hadith: | According to Professor Kecia Ali, Islamic jurists considered that the Quranic concept of "''Bulugh'', majority, was usually constituted by puberty, normally menarche for a girl and first nocturnal emission for a boy, though other signs of physical maturation could be taken into account."<ref>Kecia Ali, ''Marriage and Slavery in Early Islam'', p. 32</ref> Quran verses that mention bulugh were taken into account in jurist discussions on marriage compulsion and there was also much discussion centred around the following hadith: | ||