Child Marriage in the Qur'an
Muhammad married Aisha when she was six, and had sexual intercourse with her while she still remained pre-pubescent at the age of nine lunar years. This fact has been recorded many times in Sahih ahadith. This article will discuss the Qur'anic verse that allows Paedophilia.
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 or Iddat (العدة). However, there is one exception to this requirement in Qur'an 33:49:
ياايها الذين امنوا اذا نكحتم المؤمنات ثم طلقتموهن من قبل ان تمسوهن فمالكم عليهن من عدة تعتدونهافمتعوهن وسرحوهن سراحا جميلا
Transliteration: Ya ayyuha allatheena amanoo itha nakahtumu almuminati thumma tallaqtumoohunna min qabli an tamassoohunna fama lakum AAalayhinna min AAiddatin taAAtaddoonaha famattiAAoohunna wasarrihoohunna sarahan jameelan
Yusuf Ali: O ye who believe! If ye wed believing women and divorce them before ye have touched them, then there is no period that ye should reckon. But content them and release them handsomely.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.
After the mention of women who have not had their marriage consummated, the Qur'an goes further - discussing the women who need to observe the 'iddah, and the span of time required. We see in Qur'an 65.4:
واللائي يئسن من المحيض من نسائكم ان ارتبتم فعدتهن ثلاثة اشهر واللائي لم يحضن واولات الاحمال اجلهن ان يضعن حملهن ومن يتق الله يجعل له من امره يسرا
Transliteration: Waalla-ee ya-isna mina almaheedi min nisa-ikum ini irtabtum faAAiddatuhunna thalathatu ashhurin waalla-ee lam yahidna waolatu al-ahmali ajaluhunna an yadaAAna hamlahunna waman yattaqi Allaha yajAAal lahu min amrihi yusran
Yusuf Ali: Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, and for those who have no courses (it is the same): for those who carry (life within their wombs), their period is until they deliver their burdens: and for those who fear Allah, He will make their path easy.Here the 'Iddah is prescribed to three categories of women:
- First the phrase: “Yaisna min al-maheedhi” 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” which means “those who have not menstruated yet” This group of females are 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 'iddah is until they have given birth.
The above translation of the verse masks the real meaning, so the verse has to be studied in Arabic. The true meaning of this verse and its implications are explicitly endorsed by Tafsirs as will be shown below.
Detailed analysis of the verse in Arabic
The Qur'an says in Arabic:
واللائي لم يحضن" فعدتهن ثلاثة أشهر
Tafsir from al-Islam.com
The transliteration of the verse and the meaning of each portion of the verse is given below:
Wa Al-Lā'ī Lam Yaĥiđna
wa ( وَ ) = and
Al-Lā'ī ( وَاللَّائِي ) = for those who
Lam ( لَمْ ) = did not (negation in past tense) [2]
Yaĥiđna ( يَحِضْنَ ) = menstruate.
Yaĥiđna comes from the verbal root H-Y-D ( حيض ) which means "to menstruate".
The addition of prefix "Ya" and suffix "na" to the root "HYD" shows that the word is used in used in third person, feminine gender, plural, imperfective aspect.[3]
The imperfective aspect, by itself lacks any tense feature. [2] The tensed negatives like lam ( لَمْ ) (negation in past tense), lan ( لن ) (negation in future tense), laa ( لَ ) (negation in present tense) combined with imperfectives decide the tense in this case.
Thus lam Yadrus = He did not study.
In the verse 65:4, Lam Yaĥiđna = 'those who did not menstruate'.
Further the imperfective verb in the context of lam ( لَمْ ) (past tensed negatives) is in the Jussive mood. [2] From Wikipedia:
Supporting these meanings, from Lane's lexicon, Lam (ل) means 'not':
lam = Negative particle giving to the present the sense of the perfect; not.[5]
From the Lexicon, Arabic word for Menstruate is 'Haiz' (حيض):
hada vb. (1) impf. act. 65:4
mahid n.m. 2:222
Conclusion:
- It is clear the verse 65:4 is given as a command to be followed (Jussive mood).
- The verse itself refers to those women who did not menstruate(in all of past time until the present time), which can include children or girls before puberty or attainment of menarche (first period).
Therefore, the exact translation of this portion of Quran 65:4 is "Not menstruated yet" ( لَمْ يَحِضْنَ ). In Arabic, the menstruating process is called HAIDH ( حيض ). It is possible to turn this noun into its verb form. Like we do it with menstruation, "menstruate" is YAHIDH ( يَحِض ). But it is LAM ( لَمْ ) that appears before YAHIDH and the NA ( نَ ) associated with YAHIDH and this puts Islamic apologists in a quandary because it cannot have any other meaning than “Not menstruated yet”. This is the appropriate English translation.
This verse 65:4 should be read as a continuation of Qur'an 33:49. If a woman who has not been used for 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? This is a clear indication marrying pre-pubescent girls and having sex with them is sanctioned by the Qur'an.
The phrase found in Qur'an 65:4 as "Wallaee Lam Yahidhna" is sometimes mistranslated by apologists. Exact meaning of the phrase is available in Tafsirs (Quran interpretations). Let Mufassirs clarify the issue of "Wallaee Lam Yahidhna":
Tafsirs of the Verse
Only the relevant parts from the Tafsirs will be quoted, because quoting the tafsir's for the verse in their entirety will be space consuming and a waste of effort. What needs to be confirmed will be extracted from Tafsirs. If anyone doubts whether these have been quoted out of context, the reference is given on each Tafsirs so it can be verified by checking original sources.
Sayyid Abul Ala Maududi
Sayyid Abul Ala Maududi, Tafhim al-Qur'an
Note here what Maududi mentions on giving pre-pubescent girls in marriage and consummating the marriage with them. The interpreter affirms it is permitted by the Qur'an and no Muslims can question or forbid it.
Shaykh Muhammad ibn ‘Uthaymeen
The reason for bringing two more recent scholars is to show that nothing has changed in the Islamic tenets on marrying and having sex with pre-pubescent girls, even in this modern era.
'Ibn Kathir
Al-Jalalayn
Tafsir al-Jalalayn
Ibn Abbas
Tafsir Ibn Abbas
Al-Wahidi
Al-Wahidi, Asbab al-nuzul
Al-Tabari
Al-Zamakhshari
Al-Zamakhshari, Al-Kashshaaf
The bold text means “Those who have not menstruated” are young girls.
Tabrasi
Tabrasi
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-Shoukani, Fath al-Qadir
The bold part translated as: “Those who have not menstruated yet” are young girls who have not reached the age of menstruation.
Abu-Hayyan
Abu-Hayyan
The bold: “Those who have not menstruated yet” denotes those not menstruated because of being young.
Evidence from the ahadith
From Imam Bukhari in his book of Tafsir and hadith collections:
Mujahid said that "if you have any doubt" (65:4) means if you do not know whether she menstruates or not. Those who do not longer menstruate and those who have not yet menstruated, their 'idda is three months.
The following Muwatta hadith shows it's permissible to marry girls who have not reached puberty:
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."
Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies."
Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.
Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."The following is from Fath al-Bari, the most authoritative commentary on Sahih Al-Bukhari:
واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ ) أي فدل على أن نكاحها قبل البلوغ جائز
Recent fatwas
IslamOnline.net is the sixth most popular Islamic website on the internet, according to Wikipedia. The following excerpt is taken from a December 2010 fatwa.
Submitted by Ahmad, IslamOnline, December 24, 2010
Moreover, the interest of Shariah proves it. So the claim that this was abrogated is not correct. And the Hadith did not include that meaning; it just states that a virgin woman is not to be married until consulted.
The evidence from the Qur'an is:
1. The saying of Allah: "And those of your women as have passed the age of monthly courses, for them the 'Iddah (prescribed period), if you have doubts (about their periods), is three months, and for those who have no courses [(i.e. they are still immature) their 'Iddah (prescribed period) is three months likewise, except in case of death]". (At-Talaq 65:4)
So, Allah set rulings of marriage, divorce and waiting period for the women who have not yet had menses, i.e. the young girls.
The Iddah (waiting period) does not take place except after marriage.Islamweb, Fatwa No. 88089, June 24, 2004
Apologetic objections
The Qur'an prohibits marriage to pre-pubescent females
Modern apologists who reject the tafsirs and the ahadith often wish to present Qur'an 65:4 as having been 'mistranslated' or 'misunderstood' throughout the ages by all of their own Islamic scholars. Instead they wish to re-translate 65:4 in a less harmful way, and then point to other verses in the Qur'an in an attempt to show that Allah did not allow Muslim men to marry pre-pubescent females. The favourite verse for this is usually Qur'an 4:6:
Transliteration: Waibtaloo alyatama hatta itha balaghoo alnnikaha fa-in anastum minhum rushdan faidfaAAoo ilayhim amwalahum wala ta/kulooha israfan wabidaran an yakbaroo waman kana ghaniyyan falyastaAAfif waman kana faqeeran falya/kul bialmaAAroofi fa-itha dafaAAtum ilayhim amwalahum faashhidoo AAalayhim wakafa biAllahi haseeban
Yusuf Ali: Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is Allah in taking account.
Pickthal: Prove orphans till they reach the marriageable age; then, if ye find them of sound judgment, deliver over unto them their fortune; and devour it not by squandering and in haste lest they should grow up Whoso (of the guardians) is rich, let him abstain generously (from taking of the property of orphans); and whoso is poor let him take thereof in reason (for his guardianship). And when ye deliver up their fortune unto orphans, have (the transaction) witnessed in their presence. Allah sufficeth as a Reckoner.
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" [10] . Zuwaj [11] 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.
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:
Allah said,
[وَابْتَلُواْ الْيَتَـمَى]
(And test orphans) meaning, test their intelligence, as Ibn `Abbas, Mujahid, Al-Hasan, As-Suddi and Muqatil bin Hayyan stated.
[حَتَّى إِذَا بَلَغُواْ النِّكَاحَ]
(until they reach the age of marriage), the age of puberty, according to Mujahid. The age of puberty according to the majority of scholars comes when the child has a wet dream. In his Sunan, Abu Dawud recorded that `Ali said, "I memorized these words from the Messenger of Allah ,
«لَا يُتْمَ بَعْدَ احْتِلَامٍ، وَلَا صُمَاتَ يَوْمٍ إِلَى اللَّيْل»
(There is no orphan after the age of puberty nor vowing to be silent throughout the day to the night.) In another Hadith, `A'ishah and other Companions said that the Prophet said,
«رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ، عَنِ الصَّبِيِّ حَتَّى يَحْتَلِمَ، وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ، وَعَنِ الْمَجْنُونِ حَتَّى يُفِيق»
s(The pen does not record the deeds of three persons: the child until the age of puberty, the sleeping person until waking up, and the senile until sane.) Or, the age of fifteen is considered the age of adolescence. In the Two Sahihs, it is recorded that Ibn `Umar said, "I was presented in front of the Prophet on the eve of the battle of Uhud, while I was fourteen years of age, and he did not allow me to take part in that battle. But I was presented in front of him on the eve of the battle of Al-Khandaq (The Trench) when I was fifteen years old, and he allowed me (to join that battle). `Umar bin `Abdul-`Aziz commented when this Hadith reached him, "This is the difference between a child and an adult. There is a difference of opinion over whether pubic hair is considered a sign of adulthood, and the correct opinion is that it is. The Sunnah supports this view, according to a Hadith collected by Imam Ahmad from `Atiyah Al-Qurazi who said, We were presented to the Prophet on the day of Qurizah, whoever had pubic hair was killed, whoever did not was left free to go, I was one of those who did not, so I was left free. The Four Sunan compilers also recorded similar to it. At-Tirmidhi said, "Hasan Sahih. Allah's statement,
[فَإِنْ ءَانَسْتُمْ مِّنْهُمْ رُشْداً فَادْفَعُواْ إِلَيْهِمْ أَمْوَلَهُمْ]
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }
Tafsir al-Jalalayn
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }
Tafsîr Ibn Abbas
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }
Al-Wahidi, Asbab Al-Nuzul
The Arabic word “Nisa” does not refer to young females
Apologists claim that the Qur'an only uses the word Nisa to refer to mature, adult women, therefore 65:4 cannot be talking about pre-pubescent females. This is indeed a weak argument, which we can refute using the Qur'an itself. Here are some verses that use the word "nisa":
Yusuf Ali: And remember, We delivered you from the people of Pharaoh: They set you hard tasks and punishments, slaughtered your sons and let your women-folk live; therein was a tremendous trial from your Lord.
Yusuf Ali: Said the chiefs of Pharaoh’s people: “Wilt thou leave Moses and his people, to spread mischief in the land, and to abandon thee and thy gods?” He said: “Their male children will we slay; (only) their females will we save alive; and we have over them (power) irresistible."
Yusuf Ali: And remember we rescued you from Pharaoh’s people, who afflicted you with the worst of penalties, who slew your male children and saved alive your females: in that was a momentous trial from your Lord.
Yusuf Ali: Remember! Moses said to his people: “Call to mind the favour of Allah to you when He delivered you from the people of Pharaoh: they set you hard tasks and punishments, slaughtered your sons, and let your females live: therein was a tremendous trial from your Lord.
Yusuf Ali: Now, when he came to them in Truth, from Us, they said, "Slay the sons of those who believe with him, and keep alive their females," but the plots of Unbelievers (end) in nothing but errors (and delusions)!...
In the above verses, the word "Nisa" is referring to female infants. To understand this clearly, we must look to the Exodus account, because these verses were plagiarized from the Bible.
Moreover the Quran itself clarifies “Who the Nisa are”.
Transliteration: Wayastaftoonaka fee alnnisa-i quli Allahu yufteekum feehinna wama yutla AAalaykum fee alkitabi fee yatama alnnisa-i allatee la tu/toonahunna ma kutiba lahunna watarghaboona an tankihoohunna waalmustadAAafeena mina alwildani waan taqoomoo lilyatama bialqisti wama tafAAaloo min khayrin fa-inna Allaha kana bihi AAaleeman
Literal: And they ask for your opinion/clarification in the women, say: "God decreed/clarifies in them (F), and what is read/recited on you in The Book in the women orphans/minors that lose their father, those who (F) you did not give them (F) what was written/dictated to them (F), and you desire that you marry them (F), and the weakened from the children/new borns, and that you take care of to the orphans/minors that lose their father with the just/equitable; and what you make/do from goodness, so that God was/is with it knowledgeable."[12]In summary: When Muslims asked Muhammad who the "Nisa" were, he said they were the:
- Orphans
- Female wards
- Those you desire to marry
- The weakened from the children or new born.
This verse applies to married teenagers
Given the evidence from the Islamic texts themselves, this interpretation is not the 'most reasonable' as asserted. We have ample evidence that Muhammad (who is considered the uswa hasana - perfect example) married and had sex with a pre-pubescent Aisha, we have evidence that Muhammad's companions also did it and that Muslims to this very day are marrying pre-pubescent females and having intercourse with them. In none of these cases are the husbands comparable in age to the wife. So even though this is a possible interpretation, it is by no means the only reason that Muhammad revealed this verse - as evidenced also in the tafsir's provided above. Simply put, Muhammad did not specify an 'iddah for those whom menstruation was not present, so one had to be sent regarding these 3 groups of women. Nowhere in the Qur'an or the ahadith does it discuss teenagers marrying teenagers (ie. to 'explain' this verse) and all the evidence that we have points to [much] older men marrying and having sexual relations with pre-pubescent females.
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.
Here are some tafsirs on this ayah:
49. O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no `Iddah have you to count in respect of them. So, give them a present, and set them free in a handsome manner.)
This Ayah contains many rulings, including the use of the word Nikah for the marriage contract alone. There is no other Ayah in the Qur'an that is clearer than this on this point. It also indicates that it is permissible to divorce a woman before consummating the marriage with her.
(الْمُؤْمِنَـتِ)
(believing women) This refers to what is usually the case, although there is no difference between a believing (Muslim) woman and a woman of the People of the Book in this regard, according to scholarly consensus. Ibn `Abbas, may Allah be pleased with him, Sa`id bin Al-Musayyib, Al-Hasan Al-Basri, `Ali bin Al-Husayn Zayn-ul-`Abidin and a group of the Salaf took this Ayah as evidence that divorce cannot occur unless it has been preceded by marriage, because Allah says,
(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)
(When you marry believing women, and then divorce them)
The marriage contract here is followed by divorce, which indicates that the divorce cannot be valid if it comes first. Ibn Abi Hatim recorded that Ibn `Abbas, may Allah be pleased with him, said, "If someone were to say, `every woman I marry will ipso facto be divorced,' this does not mean anything, because Allah says:
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)
(O you who believe! When you marry believing women, and then divorce them....). It was also reported that Ibn `Abbas, may Allah be pleased with him, said: "Allah said,
(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)
(When you marry believing women, and then divorce them.) Do you not see that divorce comes after marriage A Hadith to the same effect was recorded from `Amr bin Shu`ayb from his father from his grandfather, who said: "The Messenger of Allah said:
«لَا طَلَاقَ لِابْنِ آدَمَ فِيمَا لَا يَمْلِك»
(There is no divorce for the son of Adam with regard to that which he does not possess.) This was recorded by Ahmad, Abu Dawud, At-Tirmidhi and Ibn Majah. At-Tirmidhi said, "This is a Hasan Hadith, and it is the best thing that has been narrated on this matter. It was also recorded by Ibn Majah from `Ali and Al-Miswar bin Makhramah, may Allah be pleased with them, that the Messenger of Allah said:
«لَا طَلَاقَ قَبْلَ نِكَاح»
(There is no divorce before marriage.)
(فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا)
(no `Iddah have you to count in respect of them.) This is a command on which the scholars are agreed, that if a woman is divorced before the marriage is consummated, she does not have to observe the `Iddah (prescribed period for divorce) and she may go and get married immediately to whomever she wishes. The only exception in this regard is a woman whose husband died, in which case she has to observe an `Iddah of four months and ten days even if the marriage was not consummated. This is also according to the consensus of the scholars.
(فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)
(So, give them a present, and set them free in a handsome manner.) The present here refers to something more general than half of the named dowery or a special gift that has not been named. Allah says:
(وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ)
(And if you divorce them before you have touched (had a sexual relation with) them, and you have fixed unto them their due (dowery) then pay half of that) (2:237). And Allah says:
(لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ)
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)
Tafsir al-Jalalayn
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)
Tafsir 'Ibn Abbas
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
The very reason 65:4 was revealed in the first place, was as a clarification to an existing revelation by Allah. Allah had already revealed 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:
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.
Those Muslims 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 currently menstruating are told in Qur'an 2:228 that they must wait 3 menstrual cycles, therefore this apologetic is also debunked.
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. 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:
This verse clearly contradicts this particular apologist claim, since the 'Iddah specified in Qur'an 65.4 is for a different amount of time, therefore the verses are referring to different situations.
Conclusion
The Qur'an in verse 33:49 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, meaning: the holiest text of Islam supports marrying and having sex with prepubescent girls. This is definitive proof that the Qur'an endorses pedophilia, the most abominable of all sexual crimes.
See Also
- Contemporary Pedophilic Islamic Marriages
- Aisha's Age of Consummation
- Refutation to Muslim Apologetics against Aisha's Age of Consummation
External Links
The following links show that girls as young as 8 months have been able to menstruate. This does not mean it is acceptable to have sex with them:
References
- ↑ YEMEN: Deep divisions over child brides - IRIN, March 28, 2010
- ↑ 2.0 2.1 2.2 Elabbas Benmamoun, Arabic morphology: The central role of the imperfective, Lingua 108 (1999) 175-201
- ↑ Arabic grammar - Wikipedia
- ↑ Jussive - Wikipedia
- ↑ Lam = ل - StudyQuran
- ↑ ح = Ha - StudyQuran
- ↑ The ‘iddah of a woman divorced by talaaq - Islam Q&A, Fatwa No. 12667
- ↑ Al-Islam (Arabic text)
- ↑ IslamWeb (Arabic text)
- ↑ Lane's Lexicon: Volume 8, Page 102 - Nun-Kaf-Ha
- ↑ Lane's Lexicon - Zay-Waw-Jiim
- ↑ 4. An-Nisa - Women (سورة النساء) - Revealed in Madinah (English: Literal) - IslamicNature, accessed November 27, 2011
- ↑ St. Joseph - New Advent (For more on the marriage between Joseph and Mary, see Responses to Apologetics: Muhammad and Aisha)