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Child Marriage in the Qur'an: Difference between revisions
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The subject of child marriage per se never arises in the Qur'an. Yet the Qur'an deals indirectly with the topic. The | The subject of child marriage per se never arises in the Qur'an. Yet scholars were more or less unanimous that the Qur'an deals indirectly with the topic. The Qur'an lays down strict rules for how long a woman must wait in between the end of one marriage and the beginning of another. The purpose of this in a pre-modern, patriarchal society was to ensure that a woman would not marry a new man while pregnant from her last husband and impute fathership of her baby to the wrong husband. Pursuant to these rules {{Quran|2|228}} stipulates a waiting period ([['Iddah|'Iddah]]) of 3 months after divorce, while {{Quran|33|49}} states that no waiting period is prescribed for a woman who has ''not'' had intimate contact with her husband. However, the Quran also clarifies a number of other scenarios in verse {{Quran|65|4}}, including that there is also a 3 month waiting period for "those who have not menstruated". This has been interpreted in the Muslim tradition to mean that the [[Qur'an]] supports marrying prepubescent girls. Jurists were unanimous that a father could contract his child in marriage at any age, while the family was to hand over the daughter to her husband for consummation when she could physically tolerate intercourse without physical harm (see [[Child Marriage in Islamic Law]]). Some Quran commentators and modernist Muslims mention opinions that {{Quran|65|4}} may refer rather to women whose menstruation has been interrupted (for example, due to illness) and interpret the Quran as sanctioning marriage only with those who have reached puberty. | ||
Today, [[w:Marriageable_age|many modern Muslim countries]] have legislated to raise the minimum age of marriage, in many cases to the age of 16 or 18 for girls (though often with loopholes or with ineffective enforcement) and to prevent forced marriage, often in the face of opposition from Islamic scholars. Many Muslim campaign groups and charities have been involved in this process and continue to offer help to those at risk (see the article [[Forced Marriage]] which includes sources of help).<ref>For example [https://www.mwnuk.co.uk/Forced_Marriage_7_factsheets.php Muslim Women's Network UK] and [https://preventforcedmarriage.org/forced-marriage-overseas-pakistan/ Tahirih Justice Center Forced Marriage Initiative]</ref> In collaboration with activists, in 2019 the deputy Grand Mufti of al-Azhar University in Cairo issued a fatwa calling for marriage based on mutual consent with a minimum age set as 18.<ref>[https://www.theguardian.com/global-development/2019/jun/21/senior-islamic-cleric-issues-fatwa-against-child-marriage Senior Islamic cleric issues fatwa against child marriage] - Guardian.com</ref> Unicef say that the prevalence of child marriages are decreasing globally but are nevetheless common (including among non-Muslim populations in some regions of the world). | |||
[[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>]] | [[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== | ==Introduction== | ||
The Qur'an has stipulated a waiting period which women must observe before they can remarry. This waiting period must be observed after they are divorced, or if their husbands have died. In the Qur'an, this is called [['Iddah (Female Menstrual Waiting Period)|'Iddah]] عدة. However, there is one exception to this requirement in Qur'an 33:49: | The Qur'an has stipulated a waiting period which women must observe before they can remarry. This waiting period must be observed after they are divorced, or if their husbands have died. In the Qur'an, this is called [['Iddah (Female Menstrual Waiting Period)|'Iddah]] عدة. | ||
{{Quote|{{Quran|2|228}}|Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise.}} | |||
However, there is one exception to this requirement in Qur'an 33:49: | |||
{{Quote|{{Quran|33|49}}| {{right| | {{Quote|{{Quran|33|49}}| {{right| | ||
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'''Sahih International:''' O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}} | '''Sahih International:''' O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}} | ||
From the verse above it is understood that 'Iddah (stipulated waiting period) is required if sexual contact has occurred within the marriage. If a woman is not touched by her husband, she should not have to observe any waiting period at all. | From the verse above it is understood that 'Iddah (stipulated waiting period) is required if sexual contact has occurred within the marriage. If a woman is not touched by her husband before the divorce, she should not have to observe any waiting period at all. | ||
According to traditional accounts, Muhammad was later asked about scenarios not covered in these verses: | |||
{{quote |1=[https://www.altafsir.com/tafasir.asp?tmadhno=0&ttafsirno=86&tsorano=65&tayahno=4&tdisplay=yes&userprofile=0&languageid=2 Qur'an 65:4]<BR>Al-Wahidi, Asbab al-nuzul|2= (And for such of your women as despair of menstruation…) [65:4]. Said Muqatil: “When the verse (Women who are divorced shall wait, keeping themselves apart…), Kallad ibn al-Nu‘man ibn Qays al-Ansari said: ‘O Messenger of Allah, '''what is the waiting period of the woman who does not menstruate and the woman who has not menstruated yet?''' And what is the waiting period of the pregnant woman?’ '''And so Allah, exalted is He, revealed this verse”.''' Abu Ishaq al-Muqri’ informed us> Muhammad ibn ‘Abd Allah ibn Hamdun> Makki ibn ‘Abdan> Abu’l-Azhar> Asbat ibn Muhammad> Mutarrif> Abu ‘Uthman ‘Amr ibn Salim who said: “When the waiting period for divorced and widowed women was mentioned in Surah al-Baqarah, Ubayy ibn Ka‘b said: ‘O Messenger of Allah, some women of Medina are saying: there are other women who have not been mentioned!’ He asked him: ‘And who are they?’ He said: '''Those who are too young [such that they have not started menstruating yet]''', those who are too old [whose menstruation has stopped] and those who are pregnant’. And so this verse (And for such of your women as despair of menstruation…) was revealed”.}} | |||
These scenarios are addressed in Qur'an 65:4: | |||
{{Quote|{{Quran|65|4}}|{{right| | {{Quote|{{Quran|65|4}}|{{right| | ||
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#First the phrase: “Yaisna min al-maheedhi” يئسن من المحيض which means “those women who are desperate of menses” is an indication to women who reached the stage of menstruation but do not menstruate and of those who reached menopause. Desperate of menses underlines that it concerns women who though reached the age, fail to menstruate too. Their 'Iddah period is three months. | #First the phrase: “Yaisna min al-maheedhi” يئسن من المحيض which means “those women who are desperate of menses” is an indication to women who reached the stage of menstruation but do not menstruate and of those who reached menopause. Desperate of menses underlines that it concerns women who though reached the age, fail to menstruate too. Their 'Iddah period is three months. | ||
#Next comes, “Wallaee Lam yahidhna” واللائي لم يحضن which means “those who have not menstruated yet” This | #Next comes, “Wallaee Lam yahidhna” واللائي لم يحضن which means “those who have not menstruated yet”. This was more or less unanimously interpreted to mean pre-pubescent girls who have not yet menstruated. Here the 'Iddah prescribed for them is equal to the previous group of women (ie. three months). | ||
#Lastly, the women who are pregnant - their prescribed ʿIddah is until they have given birth. | #Lastly, the women who are pregnant - their prescribed ʿIddah is until they have given birth. | ||
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The exact translation of this portion of {{Quran|65|4}} is thus ''"Not menstruated yet"'' ( <font size="4">لَمْ يَحِضْنَ</font> ). In Arabic, the menstruation process is called HaiD( <font size="4">حيض</font> ), and the verb for "to menstruate" is yaHiD( <font size="4">يَحِض</font> ), with the noun likely being derivative of the verb (as with most but not all derivations in Arabic). The LAM ( <font size="4">لَمْ </font> )clearly shows that the verb refers to women who menstruated, and the na ( <font size="4">نَ</font> ) at the end of the verb drives home the point that this verb speaks of women. “Not menstruated yet” or some similar translation is the only acceptable English translation. | The exact translation of this portion of {{Quran|65|4}} is thus ''"Not menstruated yet"'' ( <font size="4">لَمْ يَحِضْنَ</font> ). In Arabic, the menstruation process is called HaiD( <font size="4">حيض</font> ), and the verb for "to menstruate" is yaHiD( <font size="4">يَحِض</font> ), with the noun likely being derivative of the verb (as with most but not all derivations in Arabic). The LAM ( <font size="4">لَمْ </font> )clearly shows that the verb refers to women who menstruated, and the na ( <font size="4">نَ</font> ) at the end of the verb drives home the point that this verb speaks of women. “Not menstruated yet” or some similar translation is the only acceptable English translation. | ||
This verse 65:4 is read by the tafsirs as a continuation of Qur'an 33:49. A question that naturally arises from these verses, and which was more or less answered by the mufassiruun, is 'if a woman who has not had sex should not have to observe any Iddah at all, as mentioned in 33:49, what is the reason for the prescribed 'Iddah for those women who have not yet menstruated?' The seems to be that marrying pre-pubescent girls and having sex with them is sanctioned by the Qur'an. | This verse 65:4 is read by the tafsirs as a continuation of Qur'an 33:49. A question that naturally arises from these verses, and which was more or less answered by the mufassiruun, is 'if a woman who has not had sex should not have to observe any Iddah at all, as mentioned in 33:49, what is the reason for the prescribed 'Iddah for those women who have not yet menstruated?' The answer seems to be that marrying pre-pubescent girls and having sex with them is sanctioned by the Qur'an, or at least such marriages are alluded to without criticism. | ||
The phrase found in Qur'an 65:4 as "wallaee lam yaHiDhna" واللائي لم يحضن is sometimes mistranslated by [[apologists]] to mask the fact that pre-pubescent girls are normally understood as the intended meaning here; the exact meaning of the phrase is clearly understood this way in the [[Tafsir]]<nowiki/>s. | |||
Some also point out that {{Quran-range|2|236|237}} implies that there can be a significant time period between contracting a marriage and consummation. Between this time a husband may divorce his wife with reduced compensation. Since a particularly significant amount of time would typically pass between the contracting of marriage with a minor and the consummation, the need for such guidance might seem to imply that the author had such marriages in mind. | |||
{{Quote|{{Quran-range|2|236|237}}|There is no blame upon you if you divorce women you have not touched nor specified for them an obligation. But give them [a gift of] compensation - the wealthy according to his capability and the poor according to his capability - a provision according to what is acceptable, a duty upon the doers of good.<BR />And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it. And to forego it is nearer to righteousness. And do not forget graciousness between you. Indeed Allah, of whatever you do, is Seein}} | |||
==Tafsirs of the Verse== | ==Tafsirs of the Verse== | ||
The classical tafsirs are unanimous that | The classical tafsirs are unanimous that {{Quran|65|4}} prescribes the 'iddah for a pre-pubscent girl. Although not spelled out explicitly in the verse itself, this meaning is clearly the one that was taken away by the orthodox Sunni muslim exegetical tradition. It must be noted that while supporting this interpretation, al-Tabari and al-Qurtubi also include opinions that it refers to women whose normal menstruation is interrupted (see [[Child Marriage in Islamic Law]]). For example, al-Qurtubi cites the companion Mujahid, though see also the hadith quoted from Sahih al-Bukhari below where Mujahid gives the traditional interpretation. The alternative interpretation is also advocated by Islamic modernists and is discussed in the section on modern views below. | ||
===Modern Tafsirs=== | ===Modern Tafsirs=== | ||
The following commentaries show that the tradition of interpreting this verse as referring to the divorce (and thus marriage) of pre-pubescent girls comes well into the modern period. | The following commentaries show that the tradition of interpreting this verse as referring to the divorce (and thus marriage) of pre-pubescent girls comes well into the modern period. | ||
The largest Quran publisher in the world, King Fahd Complex for the Printing of the Holy Quran, which is located in Saudi Arabia, published a Quran edition called “The easy interpretation” where every Quran page includes explanatory notes. This edition is authored by an elect of scholars. Here’s what this edition says about verse 65:4: | The largest Quran publisher in the world, King Fahd Complex for the Printing of the Holy Quran, which is located in Saudi Arabia, published a Quran edition called “The easy interpretation” where every Quran page includes explanatory notes. This edition is authored by an elect of scholars. Here’s what this edition says about verse 65:4: | ||
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Those who haven’t menstruated, meaning: The young who haven’t menstruated yet.}} | Those who haven’t menstruated, meaning: The young who haven’t menstruated yet.}} | ||
<br /> | |||
'''Al-Shawkani (d.1839 AD)''' | |||
{{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| | |||
{ فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ '''وَٱللاَّئِى لَمْ يَحِضْنَ } لصغرهن، وعدم بلوغهن سن المحيض،''' أي: فعدتهن ثلاثة أشهر }} | |||
'''Due to their youth, and their lack of reaching the age of menstruation (i.e. puberty)''', i.e. their waiting period is 3 months, (quoting the Qur'an) "their waiting period is 3 months and [the same is the case for] those who have not menstruated yet"). }} | |||
<br /> | <br /> | ||
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'''Tafsir Ibn Abbas. Which is a collection of the Quranic interpretation reports | '''Tafsir Ibn Abbas. Which is a collection of the Quranic interpretation reports attributed to Ibn Abbas, Muhammad's cousin.'''{{Quote|1=[https://www.altafsir.com/tafasir.asp?tmadhno=0&ttafsirno=74&tsorano=65&tayahno=4&tdisplay=yes&userprofile=0&languageid=2]<BR>Tafsir Ibn Abbas|2= (And for such of your women as despair of menstruation) because of old age, (if ye doubt) about their waiting period, (their period (of waiting) shall be three months) upon which another man asked: “O Messenger of Allah! '''"What about the waiting period of those who do not have menstruation because they are too young?” (along with those who have it not) because of young age, their waiting period is three months."''' Another man asked: “what is the waiting period for those women who are pregnant?” (And for those with child) i.e. those who are pregnant, (their period) their waiting period (shall be till they bring forth their burden) their child. (And whosoever keepeth his duty to Allah) and whoever fears Allah regarding what he commands him, (He maketh his course easy for him) He makes his matter easy; and it is also said this means: He will help him to worship Him well.}}<br />'''Al-Jalalayn by Al-Mahalli (d.1459 AD) & Al-Suyuti (d.1505 AD)'''{{Quote|1=[https://www.altafsir.com/tafasir.asp?tmadhno=0&ttafsirno=74&tsorano=65&tayahno=4&tdisplay=yes&userprofile=0&languageid=2 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.}} | ||
====Al-Wahidi (d.1076 ِAD)==== | ====Al-Wahidi (d.1076 ِAD)==== | ||
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"And those who have not yet menstruated" ie for those who have not yet menstruated, if you doubted, their waiting period is three months, negating the reference to the previous verse, '''these are those women who have not yet reached the age of menstruation and those like them whose menstruation escapes observation.''' }} | "And those who have not yet menstruated" ie for those who have not yet menstruated, if you doubted, their waiting period is three months, negating the reference to the previous verse, '''these are those women who have not yet reached the age of menstruation and those like them whose menstruation escapes observation.''' }} | ||
<br /> | <br /> | ||
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===The Qur'an prohibits marriage to pre-pubescent females=== | ===The Qur'an prohibits marriage to pre-pubescent females=== | ||
Some Modern [[dawah|du'aah]] who decry the traditional sources as endorsing pedophilia often take issue with the interpretation of the wording of Qur'an 65:4 in these source. They see the verse as limited to women | Some Modern [[dawah|du'aah]] who decry the traditional sources as endorsing pedophilia often take issue with the interpretation of the wording of Qur'an 65:4 in these source. They see the verse as limited to post-pubescent women and not pre-pubescent women (taking as a starting point medieval modes of understanding "adulthood" for women.<ref>{{Cite web| title = Does verse 65:4 encourage child marriage?| author = Abu Amina Elias AKA Justin Parrott| work = Faith in Allah الإيمان بالله "Any practice that causes harm to children is unlawful in Islam."| date = | access-date = 6 January 2022| url = https://www.abuaminaelias.com/verse-65-4-child-marriage/| quote = }}</ref>. | ||
Qur'an 4:6 is also often leveraged as part of this argument: | |||
{{ | {{Quote|{{Quran|4|6}}| | ||
{{right|وابتلوا اليتامى حتى اذا بلغوا النكاح فان انستم منهم رشدا فادفعوا اليهم اموالهم ولاتاكلوها اسرافا وبدارا ان يكبروا ومن كان غنيا فليستعفف ومن كان فقيرا فلياكل بالمعروف فاذا دفعتم اليهم اموالهم فاشهدوا عليهم وكفى بالله حسيبا | {{right|وابتلوا اليتامى حتى اذا بلغوا النكاح فان انستم منهم رشدا فادفعوا اليهم اموالهم ولاتاكلوها اسرافا وبدارا ان يكبروا ومن كان غنيا فليستعفف ومن كان فقيرا فلياكل بالمعروف فاذا دفعتم اليهم اموالهم فاشهدوا عليهم وكفى بالله حسيبا | ||
}} | }} | ||
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#The underlying, literal meaning of "Nikaah" in Arabic language is vaginal, "[[Nikah (Sexual Consummation of Marriage)|Sexual Intercourse]]" | #The underlying, literal meaning of "Nikaah" in Arabic language is vaginal, "[[Nikah (Sexual Consummation of Marriage)|Sexual Intercourse]]" | ||
Some modern du'aah use this word "Nikaah" in this verse to mean "marriage" (i.e. till they (the orphans) reach the age of marriage). Their argument is that this verse links the age of "Nikaah" with "becoming sound in Judgement to take care of the property", and thus a child's Nikaah is impossible while a child does not have the sound judgement to take care of his/her property. | |||
Contrary to these modern opinions, the traditional view of Muslim 'ulamaa' of the last 1400 years was that word "Nikaah" had been used in it's literal meaning here (i.e. reaching the age where they are able to do the sexual intercourse). For futher discussion, see [[Child Marriage in Islamic Law]]. Islamqa.com, one of the largest Fatwa sites on the internet argues for the traditonal view on the verse: | |||
{{quote|https://islamqa.info/ar/answers/256830/ليس-للنكاح-سن-معين-وبيان-المراد-بقوله-تعالى-حتى-اذا-بلغوا-النكاح|This verse explains that an orphan’s money is given to him/her after they reach puberty and attain sound judgement. What’s meant by sound judgment is sound management of money. This can only happen after puberty. | {{quote|https://islamqa.info/ar/answers/256830/ليس-للنكاح-سن-معين-وبيان-المراد-بقوله-تعالى-حتى-اذا-بلغوا-النكاح|This verse explains that an orphan’s money is given to him/her after they reach puberty and attain sound judgement. What’s meant by sound judgment is sound management of money. This can only happen after puberty. | ||
“Reaching Nikah” mentioned in the verse means reaching puberty which can be known through | “Reaching Nikah” mentioned in the verse means reaching puberty which can be known through signs such as menstruation for females and the growth of pubic hair. The verse used the expression “reaching Nikah” to actually mean “reaching puberty” because in most cases, it’s adults who perform Nikah. But this doesn’t mean that it’s not possible for non-adults to perform Nikah, which is permissible as proven by the Quran, Sunnah and the consensus of scholars. Plus, the same Surah and the same context of verses proves it (the permissibility of child marriage). (The verse that speaks about giving an orphan his money when he/she reaches Nikah is verse no.6) Verse no.3 says: “And 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 and the slaves) that your right hands possess. ”. | ||
This verse proves it’s allowed to marry an orphan. And an orphan cannot be an adult. It’s reported in Sahih Bukhari Hadith no. 2494: | This verse proves it’s allowed to marry an orphan. And an orphan cannot be an adult. It’s reported in Sahih Bukhari Hadith no. 2494: | ||
“Narrated Urwah that he asked `Aisha regarding the Verse: 'If you fear that you shall not be able to deal justly with the orphan girls, marry (other) women of your choice.' (4.3) `Aisha said, "It is about an orphan girl under the custody of her guardian who being attracted by her wealth and beauty wants to marry her with Mahr less than other women of her status. So such guardians were forbidden to marry them unless they treat them justly by giving them their full Mahr. Then the people sought the verdict of Allah's Apostle for such cases, whereupon Allah revealed: 'They ask your instruction concerning women..' (4.127) | “Narrated Urwah that he asked `Aisha regarding the Verse: 'If you fear that you shall not be able to deal justly with the orphan girls, marry (other) women of your choice.' (4.3) `Aisha said, "It is about an orphan girl under the custody of her guardian who being attracted by her wealth and beauty wants to marry her with Mahr less than other women of her status. So such guardians were forbidden to marry them unless they treat them justly by giving them their full Mahr. Then the people sought the verdict of Allah's Apostle for such cases, whereupon Allah revealed: 'They ask your instruction concerning women..' (4.127) ” | ||
https://sunnah.com/bukhari:6965 | [[https://sunnah.com/bukhari:6965]] | ||
Ibn Hajar (d.1449 AD) commented on this Hadith saying: “This shows it’s allowed to marry orphans who haven’t reached puberty. Because after puberty they can’t be called orphans.” | Ibn Hajar (d.1449 AD) commented on this Hadith saying: “This shows it’s allowed to marry orphans who haven’t reached puberty. Because after puberty they can’t be called orphans.” | ||
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Some point out that hadiths seem incompatible with the claim that the age of marriage is linked to reaching sound judgment. 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: | {{Quote|{{Bukhari|||6130|darussalam}}|Narrated `Aisha: | ||
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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.}} | 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.}} | ||
According to Islamic | According to the schools of Islamic jurisprudence: | ||
*Most agreed that when a girl reaches puberty, then she herself gets the right to give her consent for a proposed marriage, or to deny the marriage. | |||
*However, the schools of jurisprudence were unanimous that if she is a minor (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>. | |||
*Some schools held that even post-pubescent girls could be compelled to marry by their fathers if they were virgins. | |||
*According to the Hanafi school, if she is a prepubescent and also an orphan, then her guardian has the right to contract her in marriage. | |||
Hanafis took the latter view based on their interpretation of {{Quran|4|3}} and {{Quran|4|127}} combined with their assumption that the term orphan was not applied to girls over the age of puberty: | |||
{{Quote|{{Quran|4|127}}|You also read them (the guardians) in the Book concerning orphaned women (in your charge) '''to whom you deny their ordained rights and yet wish to take them in marriage''', as well as in respect of helpless children, that you should be just in the matter of orphans." The good you do is known to God.}} | |||
For more detail see also the articles [[Forced Marriage]] and [[Child Marriage in Islamic Law]]. | |||
The following hadith concerns guardians who wish to wed orphans in their care: | |||
{{Quote|{{Bukhari|||5064|darussalam}}|Narrated 'Urwa: | {{Quote|{{Bukhari|||5064|darussalam}}|Narrated 'Urwa: | ||
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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."}} | 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."}} | ||
On the above basis 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 give the following understanding of a related verse, {{Quran|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= | {{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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===The Arabic word “Nisaa'” does not refer to young females=== | ===The Arabic word “Nisaa'” does not refer to young females=== | ||
Some defenders of the Qur'an, speaking in English, claim that the Qur'an only uses the word ''Nisaa''' to refer to mature, adult women, therefore 65:4 cannot be talking about pre-pubescent females.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = Kaleef K. Karim| work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = that the Arabic word ‘Nisa’ could also refer to ‘female children’. Let us take a look in Arabic-English dictionaries. The Arabic word ‘Nisa’ has been used 59 times in the Quran. Not once has the word ‘Nisa’ been used for a ‘child(ren)’, it has always referred to mature adult women. Dr. Rohi Baalbaki, says in Al-Mawrid: A modern Arabic-English Dictionary:}}</ref> | Some defenders of the Qur'an, speaking in English, claim that the Qur'an only uses the word ''Nisaa''' to refer to mature, adult women, therefore 65:4 cannot be talking about pre-pubescent females.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = Kaleef K. Karim| work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = that the Arabic word ‘Nisa’ could also refer to ‘female children’. Let us take a look in Arabic-English dictionaries. The Arabic word ‘Nisa’ has been used 59 times in the Quran. Not once has the word ‘Nisa’ been used for a ‘child(ren)’, it has always referred to mature adult women. Dr. Rohi Baalbaki, says in Al-Mawrid: A modern Arabic-English Dictionary:}}</ref> | ||
Critics argue that this linguistic argument does not hold water, even just on the basis of the Qur'an itself as a text. The word merely means "women/females" and can refer to mixed groups of women of various ages, as the English "female" or "women." Here are some verses that use the word ''"nisaa'"'': | |||
{{Quote|{{Quran|2|49}}|وَإِذْ نَجَّيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ يُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ | {{Quote|{{Quran|2|49}}|وَإِذْ نَجَّيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ يُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ | ||
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===65.4 talks only of the 'Iddah and not of sexual activity=== | ===65.4 talks only of the 'Iddah and not of sexual activity=== | ||
One point of focus for modern commentators, seeking to defend the Qur'an from the charge of endorsing pedophilia, is 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.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = | work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = }}</ref> | One point of focus for modern commentators, seeking to defend the Qur'an from the charge of endorsing pedophilia, is 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.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = | work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = }}</ref> | ||
Critics point out that the 'iddah (prescribed waiting period) for females is required after a divorce or widowing ({{Quran|2|228}), so that a child's father can be correctly identified. In addition to multiple tafsir and hadith traditions on 65:4, this is also established in Qur'an 33:49: | |||
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This verse effectively removes the apologist's objection to Qur'an 65.4 as we see clearly that if a man has not consummated his marriage with his wife then she does not need to observe an 'iddah. If Qur'an 65.4 specifies that pre-pubescent females must observe a 3 month 'iddah then clearly sexual intercourse is halal to Allah. | This verse effectively removes the apologist's objection to Qur'an 65.4 as we see clearly that if a man has not consummated his marriage with his wife then she does not need to observe an 'iddah. If Qur'an 65.4 specifies that pre-pubescent females must observe a 3 month 'iddah then clearly sexual intercourse is halal to Allah. | ||
===This verse is only talking about adult women who don't know if they are pregnant=== | ===This verse is only talking about adult women who don't know if they are pregnant or whose menstruation is interrupted by illness=== | ||
The very reason 65:4 was revealed in the first place, was as a clarification to an existing | The very reason 65:4 was revealed in the first place, was as a clarification to an existing verse. The Quran had already stated that women must wait 3 menstrual periods before they can end the 'iddat and be free to marry again. This is in Qur'an 2:228: | ||
{{quote|{{Quran|2|228}}|'''And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs''', if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and Allah is Mighty, Wise. }} | {{quote|{{Quran|2|228}}|'''And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs''', if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and Allah is Mighty, Wise. }} | ||
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However, after this, Muslim men went to Muhammad to ask about those who did not presently have their menses - how do they measure the 'iddat in those cases? It is in this circumstance that Allah sent down the clarification (65:4) for the three groups of women that did not have menstruation, therefore they could not wait the '3 menstrual cycles' as mandated by Qur'an 2:228. | However, after this, Muslim men went to Muhammad to ask about those who did not presently have their menses - how do they measure the 'iddat in those cases? It is in this circumstance that Allah sent down the clarification (65:4) for the three groups of women that did not have menstruation, therefore they could not wait the '3 menstrual cycles' as mandated by Qur'an 2:228. | ||
Critics point out that those who make this claim are ignoring what all of their own scholars have said about 65:4; that it is referring to the peri-menopausal and post menopausal women, the pre-pubescent girls and the pregnant women. The women who are pre-menopausal are told in Qur'an 2:228 that they must wait 3 menstrual cycles, leaving the apologetic interpretation without a clear rationale. | |||
===This verse is applied to unconsummated widows=== | ===This verse is applied to unconsummated widows=== | ||
Another claim is that Qur'an 65:4 doesn't necessarily mean that Muslim men can have sex with pre-pubescent females because there may be cases where a man has married a pre-pubescent female, but while waiting for her to attain menstruation before consummating the marriage, he died. The 'iddah could be referring to a situation such as this. | Another claim is that Qur'an 65:4 doesn't necessarily mean that Muslim men can have sex with pre-pubescent females because there may be cases where a man has married a pre-pubescent female, but while waiting for her to attain menstruation before consummating the marriage, he died. The 'iddah could be referring to a situation such as this. | ||
Critics counter that this claim is invalid because the Qur'an specifies the 'iddah for ''all'' widows to be 4 months and 10 days; in Qur'an 2:234: | |||
{{Quote|{{Quran|2|234}}|And (as for) those of you who die and leave wives behind, they should keep themselves in waiting for four months and ten days; then when they have fully attained their term, there is no blame on you for what they do for themselves in a lawful manner; and Allah is aware of what you do.}} | {{Quote|{{Quran|2|234}}|And (as for) those of you who die and leave wives behind, they should keep themselves in waiting for four months and ten days; then when they have fully attained their term, there is no blame on you for what they do for themselves in a lawful manner; and Allah is aware of what you do.}} | ||
Since the 'Iddah specified in Qur'an 65.4 is for a different amount of time, this situation would not seem to be the subject of 65:4. | |||
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==See Also== | ==See Also== | ||
*[[Child Marriage in Islamic Law]] | |||
*[[Forced Marriage]] | |||
*[[Child Marriage in the Muslim World]] | *[[Child Marriage in the Muslim World]] | ||
==External Links== | ==External Links== | ||
*[http://www.answering-islam.org/Quran/Versions/065.004.html Marriage to Minors: Surah At-Talaq (65:4)] - ''Answering Islam'' | *[http://www.answering-islam.org/Quran/Versions/065.004.html Marriage to Minors: Surah At-Talaq (65:4)] - ''Answering Islam'' | ||
*[https://www.youtube.com/watch?v=mI5K3SnOjoo Does the Quran Promote Pedophilia? Mohammed Hijab Says "Yes!"] - ''David Wood'' | |||
{{Translation-links-english|[[Pedophilie_dans_le_Coran|French]]}} | |||
==References== | ==References== | ||