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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 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 | 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 Islamic 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). | 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). | ||
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==Tafsirs of the Verse== | ==Tafsirs of the Verse== | ||
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 | The classical tafsirs are essentially 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 mentioning 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. | ||
Besides the tafsirs quoted below, a large set of translated quotes from various well known exegetical and jurist texts relating to these matters is also available online.<ref>[https://theislamissue.wordpress.com/2021/09/19/q65-4-the-verse-of-child-marriage/ Q65.4: The verse of child marriage]</ref> | |||
===Modern Tafsirs=== | ===Modern Tafsirs=== | ||
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"And for those who haven't menstruated" means: The same applies to the Iddah for girls who do not menstruate because they are too young, if their husbands divorce them after consummating the marriage with them.}} | "And for those who haven't menstruated" means: The same applies to the Iddah for girls who do not menstruate because they are too young, if their husbands divorce them after consummating the marriage with them.<ref>Al-Tabari's tafsir for Q. 65:4 translated by Islamqa.info [https://islamqa.info/en/answers/12708/is-it-acceptable-to-marry-a-girl-who-has-not-yet-started-her-menses Is it acceptable to marry a girl who has not yet started her menses?]</ref>}} | ||