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'''Forced marriage''' is the compelled marriage of an individual (usually female) against their will. The individual is usually forced by family members and in countries with primitive women's rights. | '''Forced marriage''' is the compelled marriage of an individual (usually female) against their will. The individual is usually forced by family members and in countries with primitive women's rights. In Islamic law, forcing a female who had reached the age of puberty into a marriage contract with someone against her explicit wishes was forbidden by the Hanafi and Hanbali schools of jurisprudence, though a father was permitted to do so by the Maliki and Shafi'i schools if his daughter was still a virgin. They all agreed that virgin minors could be entered into marriage contracts by their fathers by compulsion, despite hadith evidence requiring a female virgin's consent (or at least a lack of protest). Reports of Muhammad's marriage to Aisha and of his companions marrying off their minor daughters played a role in some jurist opinions. Jurists also agreed that [[Slavery in Islamic Law#In_Islamic_law|female slaves]] could be married off to someone by their owners without their consent. | ||
Most (but not all) modern Muslim majority countries have made child marriage and forced marriage illegal. Nevertheless, such marriages still occur to a significant extent despite legal protections (and also occur in some non-Muslim communities). Many Muslim charities and campaign groups are working to prevent contemporary cases of forced marriage and to help those who seek their 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> There are also government agencies who can and should be contacted when someone is at risk of forced marriage. Some charities advise those who realise too late that they are being taken overseas for a forced marriage to hide a spoon underneath their clothing so that when passing through the airport metal detector there will be an opportunity to explain the situation privately to the security team. Contacting the relevant national embassy is usually advised if already abroad. | Most (but not all) modern Muslim majority countries have made [[Child Marriage in Islamic Law|child marriage]] and forced marriage illegal. Nevertheless, such marriages still occur to a significant extent despite legal protections (and also occur in some non-Muslim communities). Many Muslim charities and campaign groups are working to prevent contemporary cases of forced marriage and to help those who seek their 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> There are also government agencies who can and should be contacted when someone is at risk of forced marriage. Some charities advise those who realise too late that they are being taken overseas for a forced marriage to hide a spoon underneath their clothing so that when passing through the airport metal detector there will be an opportunity to explain the situation privately to the security team. Contacting the relevant national embassy is usually advised if already abroad. | ||
==Child marriage== | ==Child marriage== | ||
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==Islamic law== | ==Islamic law== | ||
===Compulsion of minors and virgins=== | ===Compulsion of minors and virgins=== | ||
Two books by academic authors are particularly notable on this topic: ''Slavery and Marriage in Islam'' by Professor Kecia Ali,<ref>Kecia Ali, "Marriage and Slavery in Early Islam", Massachussets: Harvard University Press, 2010</ref> and ''Minor Marriage in Islamic Law'' by Professor Carolyn Baugh.<ref>Carolyn Baugh,''Minor Marriage in Islamic Law'', Leiden: Brill, 2017</ref> 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> | Two books by academic authors are particularly notable on this topic: ''Slavery and Marriage in Islam'' by Professor Kecia Ali,<ref>Kecia Ali, "Marriage and Slavery in Early Islam", Massachussets: Harvard University Press, 2010</ref> and ''Minor Marriage in Early Islamic Law'' by Professor Carolyn Baugh.<ref>Carolyn Baugh,''Minor Marriage in Early Islamic Law'', Leiden: Brill, 2017</ref> 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> | ||
Kecia Ali gives the following overview on the areas of juristic agreement and disagreement regarding compulsion (more detail is given below): | Kecia Ali gives the following overview on the areas of juristic agreement and disagreement regarding compulsion (more detail is given below): | ||
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{{Quote|Kecia Ali, ''Marriage and Slavery in Early Islam'', p. 32|For free females, both virginity and majority were of concern. Fathers could compel marriage of daughters who were both virgins and minors. On the flip side, those who were neither virgins nor minors could not be compelled but had to give their spoken assent to any proposed marriage. The intermediate categories - daughters who were either virgins or minors but not both - were the subject of disagreement.}} | {{Quote|Kecia Ali, ''Marriage and Slavery in Early Islam'', p. 32|For free females, both virginity and majority were of concern. Fathers could compel marriage of daughters who were both virgins and minors. On the flip side, those who were neither virgins nor minors could not be compelled but had to give their spoken assent to any proposed marriage. The intermediate categories - daughters who were either virgins or minors but not both - were the subject of disagreement.}} | ||
Carolyn Baugh similarly explains that there were some situations in which according to different schools of jurisprudence, consent to be given in marriage might or might not be required: the virgin pubescent (al-bikr al-bāligha), and non-virgin prepubescent (al-thayyib al ṣaghīra). Baugh questions later statements of consensus relating to this topic given disagreements such as these, though like Kecia Ali she states that there was agreement that consent was not required for a father to give his daughter in marriage if she was virgin prepubescent (al-bikr al-ṣaghīra).<ref>Carolyn Baugh, ''Minor Marriage in Islamic Law'', pp. 21, 56</ref> | Carolyn Baugh similarly explains that there were some situations in which according to different schools of jurisprudence, consent to be given in marriage might or might not be required: the virgin pubescent (al-bikr al-bāligha), and non-virgin prepubescent (al-thayyib al ṣaghīra). Baugh questions later statements of consensus relating to this topic given disagreements such as these, though like Kecia Ali she states that there was agreement that consent was not required for a father to give his daughter in marriage if she was virgin prepubescent (al-bikr al-ṣaghīra).<ref>Carolyn Baugh, ''Minor Marriage in Early Islamic Law'', pp. 21, 56</ref> | ||
The disagreement on the intermediate scenarios depended on whether the jurist believed that the legal rationale for compulsion was due to not having reached the age of majority, or because of virginity (regardless of age and development). | The disagreement on the intermediate scenarios depended on whether the jurist believed that the legal rationale for compulsion was due to not having reached the age of majority, or because of virginity (regardless of age and development). | ||
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'''Malik's''' legal methodology considered the custom of the people of Medina as more authoritative than this hadith. Ali notes that "For Malik, either virginity ''or'' minority allowed compulsion, so a non-minor virgin could be compelled. A previous marriage, if unconsummated, did not remove a father's power of compulsion".<ref>Kecia Ali, "Marriage and Slavery in Early Islam", pp. 33</ref> {{Muwatta|28||6}} and {{Muwatta|28||7}} are examples of hadiths in Malik's Muwatta on this topic. The ''Mudawwana'' which also records Malik's opinions, prefaces the hadith about consultation with the explanation that it was only referring to the fatherless virgin, claiming that the word wali (guardian) there excludes the father.<ref>Kecia Ali, "Marriage and Slavery in Early Islam", pp. 35</ref> | '''Malik's''' legal methodology considered the custom of the people of Medina as more authoritative than this hadith. Ali notes that "For Malik, either virginity ''or'' minority allowed compulsion, so a non-minor virgin could be compelled. A previous marriage, if unconsummated, did not remove a father's power of compulsion".<ref>Kecia Ali, "Marriage and Slavery in Early Islam", pp. 33</ref> {{Muwatta|28||6}} and {{Muwatta|28||7}} are examples of hadiths in Malik's Muwatta on this topic. The ''Mudawwana'' which also records Malik's opinions, prefaces the hadith about consultation with the explanation that it was only referring to the fatherless virgin, claiming that the word wali (guardian) there excludes the father.<ref>Kecia Ali, "Marriage and Slavery in Early Islam", pp. 35</ref> | ||
'''Shafi'i''' interpreted the hadith quoted above such that a father could still compell his virgin daughter into a marriage contract. Baugh explains that he did so by asserting that it refers to fathers as guardians, and the consultation of a virgin must be optional since otherwise there would be no difference in the right to consent between a virgin and non-virgin. He further argued that the consultation mentioned in the hadith is of psychological benefit to her and good manners, but she was in any case under obiligation to obey her father as she has no authority. The virgin daughter and prepubescent son are equally under the father's authority when contracting marriage.<ref>Carolyn Baugh, ''Minor Marriage in Islamic Law'', pp. 124-126</ref> Kecia Ali similarly says that for Shafi'i the consultation mentioned in the hadith was only a recommendation and if a father contracts a marriage for a baligh (pubescent) virgin it is not rescinded even if she objects. As for the rarer case of non-virgin minors, Ali says that according to Shafi'i such girls were forbidden to be married again at all until they reached majority since a non-virgin could not be married off without her consent, but a minor could not give valid consent. For both Malik and Shafi'i, the father's power to compel his virgin daughter to marry continued even after the age of majority. She notes that for Shafi'i, "there was no real difference between a minor and a bāligh female so long as she remained a virgin", though he recommended that daughters who have reached the age of majority are consulted.<ref>Kecia Ali, "Marriage and Slavery in Early Islam", pp. 35 - 36</ref> Baugh similarly says that Maliki and Shafi'i jurists believed that a female could never reach majority for purposes of freedom from her father's guardianship if she remained a virgin.<ref>Carolyn Baugh, ''Minor Marriage in Islamic Law'', p. 56</ref> | The ''Risalah'' by Ibn Abi Zayd (d. 996 CE) is a classical manual of Maliki fiqh (jurisprudence). It says the following: | ||
{{Quote|[https://bewley.virtualave.net/Rismarr.html Risalah 32.2a, translated by Aisha Bewley]|A father can arrange the marriage of his virgin daughter without her permission even if she is beyond the age of puberty. It is up to him whether he consults her or not.}} | |||
'''Shafi'i''' interpreted the hadith quoted above such that a father could still compell his virgin daughter into a marriage contract. Baugh explains that he did so by asserting that it refers to fathers as guardians, and the consultation of a virgin must be optional since otherwise there would be no difference in the right to consent between a virgin and non-virgin. He further argued that the consultation mentioned in the hadith is of psychological benefit to her and good manners, but she was in any case under obiligation to obey her father as she has no authority. The virgin daughter and prepubescent son are equally under the father's authority when contracting marriage.<ref>Carolyn Baugh, ''Minor Marriage in Early Islamic Law'', pp. 124-126</ref> Kecia Ali similarly says that for Shafi'i the consultation mentioned in the hadith was only a recommendation and if a father contracts a marriage for a baligh (pubescent) virgin it is not rescinded even if she objects. As for the rarer case of non-virgin minors, Ali says that according to Shafi'i such girls were forbidden to be married again at all until they reached majority since a non-virgin could not be married off without her consent, but a minor could not give valid consent. For both Malik and Shafi'i, the father's power to compel his virgin daughter to marry continued even after the age of majority. She notes that for Shafi'i, "there was no real difference between a minor and a bāligh female so long as she remained a virgin", though he recommended that daughters who have reached the age of majority are consulted.<ref>Kecia Ali, "Marriage and Slavery in Early Islam", pp. 35 - 36</ref> Baugh similarly says that Maliki and Shafi'i jurists believed that a female could never reach majority for purposes of freedom from her father's guardianship if she remained a virgin.<ref>Carolyn Baugh, ''Minor Marriage in Early Islamic Law'', p. 56</ref> | |||
The famous work of Shafi'i fiqh, ''The Reliance of the Traveller'' by al-Misri (d. 1367 CE) states the following: | |||
{{Quote|''The Reliance of the Traveller'' m3.13, translated by Nuh Ha Mim Keller|m3.13 Guardians are of two types, those who may compel their female charges to marry someone, and those who may not. | |||
(1) The only guardians who may compel their charge to marry are a virgin bride’s father or father’s father, ''compel'' meaning to marry her to a suitable match (def: m4) without her consent. | |||
(2) Those who may not compel her are not entitled to marry her to someone unless she accepts and gives her permission.}} | |||
Kecia Ali says regarding another of the four major jurists, "'''Abū Ḥanīfa''' rejects compulsion at majority for all females, both virgin and non-virgin". There is no record of his ruling in the case of non-virgin minors, though later Hanafi texts are explicit that majority is determinative: "a ''bāligh'' female could not be coerced even if she was a non-virgin, but a minor could be, even if she was a ''thayyib''".<ref>Kecia Ali, "Marriage and Slavery in Early Islam", pp. 33</ref> | Kecia Ali says regarding another of the four major jurists, "'''Abū Ḥanīfa''' rejects compulsion at majority for all females, both virgin and non-virgin". There is no record of his ruling in the case of non-virgin minors, though later Hanafi texts are explicit that majority is determinative: "a ''bāligh'' female could not be coerced even if she was a non-virgin, but a minor could be, even if she was a ''thayyib''".<ref>Kecia Ali, "Marriage and Slavery in Early Islam", pp. 33</ref> | ||
According to Ali, '''Ibn Hanbal''' considered that a girl must be consulted if married at the age of nine years or older.<ref>Kecia Ali, "Marriage and Slavery in Early Islam", p. 208, footnote 21</ref> Baugh describes his legacy on this issue as equivocal. In one mention of the topic, he stated that a virgin must be consulted, though "In another rescension of his opinions, he was asked if a man could marry off his virgin daughter without consulting her; he conceded that it was possible, but that he preferred she be consulted."<ref>Carolyn Baugh,''Minor Marriage in Islamic Law'', p. 9</ref> Baugh also notes that Ibn Hanbal said girls over the age of nine must be consulted.<ref>Carolyn Baugh, ''Minor Marriage in Islamic Law'', p. 139 footnote 65<Br />"Witness Aḥmad ibn Ḥanbal’s insistence that a nine year old girl must grant permission, and that orphan girls cannot be married at all prior to attaining age nine, a marker that is surely extrapolated from the ages put forward in the report of ʿĀʾisha. (Chapters on Marriage, 63–64) Aḥmad further avers that he believes husbands should not have intercourse with (orphan) wives below the age of nine."<BR /><BR />Regarding the first two issues, Baugh p. 174 footnote 38 quotes from Ibn Hanbal:<BR /> | ''Al-Hidayah'' by Burhan al-Din al-Marghinani (d. 1197 CE) was one of the most influential compendiums of Hanafi fiqh. It states the following: | ||
{{Quote|[https://archive.org/details/Hedaya_201703/page/n285/mode/2up ''Al-Hidayah'' Vol 1 p. 492, translated by Imran Ahsan Khan Nyazee]|It is not permitted to the wali to force a virgin, who is a major to marry. Al-Shafi'i (God bless him) disagrees. [...] We maintain that she is a freewoman addressed directly by the communication from the lawgiver, therefore no one has authority over her to compell her. The authority over the minor is due to the lack of maturity of thought.}} | |||
According to Ali, '''Ibn Hanbal''' considered that a girl must be consulted if married at the age of nine years or older.<ref>Kecia Ali, "Marriage and Slavery in Early Islam", p. 208, footnote 21</ref> Baugh describes his legacy on this issue as equivocal. In one mention of the topic, he stated that a virgin must be consulted, though "In another rescension of his opinions, he was asked if a man could marry off his virgin daughter without consulting her; he conceded that it was possible, but that he preferred she be consulted."<ref>Carolyn Baugh,''Minor Marriage in Early Islamic Law'', p. 9</ref> Baugh also notes that Ibn Hanbal said girls over the age of nine must be consulted.<ref>Carolyn Baugh, ''Minor Marriage in Early Islamic Law'', p. 139 footnote 65<Br />"Witness Aḥmad ibn Ḥanbal’s insistence that a nine year old girl must grant permission, and that orphan girls cannot be married at all prior to attaining age nine, a marker that is surely extrapolated from the ages put forward in the report of ʿĀʾisha. (Chapters on Marriage, 63–64) Aḥmad further avers that he believes husbands should not have intercourse with (orphan) wives below the age of nine."<BR /><BR />Regarding the first two issues, Baugh p. 174 footnote 38 quotes from Ibn Hanbal:<BR /> | |||
"The actual quotation from the Chapters on Marriage and Divorce, from the rescension of ʿAbd Allāh ibn Ḥanbal, reads: “If her father is alive, and she is under nine years of age, her father’s giving her in marriage is valid and she has no option. But once she has reached nine years of age, neither her father no anyone else can give her in marriage without her permission. And [with regard to] the orphan who is not nine, if someone other than her father is to give her in marriage, I do not like him to so until she has reached nine years of age. Once she is nine, she must be consulted. Then when she gives her permission, she has no option.”"</ref> | "The actual quotation from the Chapters on Marriage and Divorce, from the rescension of ʿAbd Allāh ibn Ḥanbal, reads: “If her father is alive, and she is under nine years of age, her father’s giving her in marriage is valid and she has no option. But once she has reached nine years of age, neither her father no anyone else can give her in marriage without her permission. And [with regard to] the orphan who is not nine, if someone other than her father is to give her in marriage, I do not like him to so until she has reached nine years of age. Once she is nine, she must be consulted. Then when she gives her permission, she has no option.”"</ref> | ||
In the following, Ahmad ibn Hanbal is quoted by his son as stating that daughters who are younger than seven can be forced into marriage by their fathers: | |||
{{Quote|''Chapters on Marriage and Divorce: Responses of Ibn Ḥanbal and Ibn Rāhwayh'' Chapter 3 (Abdullah) §18, translated by Susan Spectorsky, University of Texas Press, 1993<ref name="Spectorsky">''Chapters on Marriage and Divorce'' is a compilation of "responses" that Ahmad ibn Hanbal and his friend Ishaq bin Rahwayh gave to various fiqh questions that people asked them. The book is really three different compilations in one: the first from Abu Dawud, the famous Hadith scholar, the second from Abdullah, Ahmad's son, and the last from al-Kausaj, one of Ahmad's students. The three different compilations were collected and translated by Susan A. Spectorsky, a retired professor at Queens College, City University of New York.</ref>|He said, “Her walī should consult her. Then if she grants permission, he can give her in marriage.” I said, “But if she does not grant it?” He said, “If her father is [her walī], and she has not reached seven years of age, then her father’s giving her in marriage is valid, and she has no option. But if she has reached her ninth year, neither her father nor anyone else should give her in marriage without her permission.}} | |||
Kecia Ali further states that the example of Muhammad and his companions featured in jurist discussions: "Though the ''Muwatta'' and ''Mudawwana'' presented anecdotes about Companions and the Prophet marrying off their daughters, the ''Umm'' focused on the Prophet's marriage to 'A'isha". Elaborating on the latter text, she notes that "In Shafi'i's view, she was still a minor when consummation occurred. The binding nature of Muhammad and 'A'isha's union establishes fathers' power to contract binding marriages for their minor virgin daughters: 'Abu Bakr's marrying 'A'isha to the Prophet, may God's blessings and peace be upon him, when she was a girl of six and [the Prophet's] having sex with her when she was a girl of nine indicates that the father has more right over a virgin than she has over herself.'"<ref>Kecia Ali, "Marriage and Slavery in Early Islam", p. 35</ref> | Kecia Ali further states that the example of Muhammad and his companions featured in jurist discussions: "Though the ''Muwatta'' and ''Mudawwana'' presented anecdotes about Companions and the Prophet marrying off their daughters, the ''Umm'' focused on the Prophet's marriage to 'A'isha". Elaborating on the latter text, she notes that "In Shafi'i's view, she was still a minor when consummation occurred. The binding nature of Muhammad and 'A'isha's union establishes fathers' power to contract binding marriages for their minor virgin daughters: 'Abu Bakr's marrying 'A'isha to the Prophet, may God's blessings and peace be upon him, when she was a girl of six and [the Prophet's] having sex with her when she was a girl of nine indicates that the father has more right over a virgin than she has over herself.'"<ref>Kecia Ali, "Marriage and Slavery in Early Islam", p. 35</ref> | ||
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that a man among them who was called Khidam arranged a marriage for his daughter, and she did not like the marriage arranged by her father. She went to the Messenger of Allah and told him about that, and he annulled the marriage arranged by her father. Then she married Abu Lubabah bin Abdul-Mundhir.}} | that a man among them who was called Khidam arranged a marriage for his daughter, and she did not like the marriage arranged by her father. She went to the Messenger of Allah and told him about that, and he annulled the marriage arranged by her father. Then she married Abu Lubabah bin Abdul-Mundhir.}} | ||
Baugh discusses these and similar reports. Jurists claimed that Khidam's daughter was not a virgin but had been previously married, and this was the reason why Muhammad allowed her request, though Baugh argues that the jurists' assumption about her is questionable.<ref>Carolyn Baugh,''Minor Marriage in Islamic Law'', pp. | Baugh discusses these and similar reports. Jurists claimed that Khidam's daughter was not a virgin but had been previously married, and this was the reason why Muhammad allowed her request, though Baugh argues that the jurists' assumption about her is questionable.<ref>Carolyn Baugh,''Minor Marriage in Early Islamic Law'', pp. 65-66, 84-85</ref> | ||
===Option of puberty to annul the marriage=== | ===Option of puberty to annul the marriage=== | ||
In all schools of classical Islamic law, a father was allowed to enter his pre-pubescent virgin child into a marriage contract without consent. When the child reached the age of puberty he or she could exercise the "option of puberty" (khiyar al-bulugh) to repudiate the marriage, but only if it was entered into negligently, fraudulently or by someone other than the father or grandfather. The option was also lost to a virgin female who has reached puberty and who had taken no action or remained silent for what is considered a reasonable time after being informed of the contract. A male child retained his option in the same circumstances until he actively approved of the marriage <ref>Esposito, John L. (2001) "Women in Muslim Family Law (2nd Edition)", New York: Syracuse University Press, pp.16-17</ref><ref>Ali, S. M. (2004) "The Position of Women in Islam: A Progressive View", New York: State University of New York Press, pp.40-41</ref> | In all schools of classical Islamic law, a father was allowed to enter his pre-pubescent virgin child into a marriage contract without consent. When the child reached the age of puberty he or she could exercise the "option of puberty" (khiyar al-bulugh) to repudiate the marriage, but only if it was entered into negligently, fraudulently or by someone other than the father or grandfather. The option was also lost to a virgin female who has reached puberty and who had taken no action or remained silent for what is considered a reasonable time after being informed of the contract. A male child retained his option in the same circumstances until he actively approved of the marriage <ref>Esposito, John L. (2001) "Women in Muslim Family Law (2nd Edition)", New York: Syracuse University Press, pp.16-17</ref><ref>Ali, S. M. (2004) "The Position of Women in Islam: A Progressive View", New York: State University of New York Press, pp.40-41</ref> | ||
A famous manual of Hanafi fiqh (law), ''Mukhtasar Al Quduri'', sets out the position of the school founded by Abu Hanifa: | |||
{{Quote|''Mukhtasar Al Quduri'' Chapter 32 (Nikah), p. 329 translated by Tahir Mahmood Kiani|If the father, or grandfather, marries them off, then there is no option for them after attaining the age of majority, but if someone other than the father or the grandfather marries them off, then each one of the two has an option: | |||
1. If he/she wants, he/she may remain in the marriage, or | |||
2. If he/she wants, he/she may repudiate [it].}} | |||
Another book of Hanafi law, ''Al-Hidayah'', describes this in more detail: | |||
{{Quote|[https://archive.org/details/Hedaya_201703/page/n287/mode/2up Al-Hidayah Vol 1 p. 496, translated by Imran Ahsan Khan Nyazee]|He said: If they are married away by the father or the grandfather, that is, the minor boy and the minor girl, they have no option, after they attain puberty. The reason is that these two (relatives) possess an informed opinion and abundant affection, therefore, the contract will become binding if it is concluded by them. It is just as if it was concluded with their consent after they had attained puberty.<BR /> | |||
If they are married away by someone other than the father or grandfather, then, each one of them will have the option upon attaining puberty.}} | |||
The founder of the Hanbali school, Ahmad ibn Hanbal was of the same view according to his son: | |||
{{Quote|''Chapters on Marriage and Divorce: Responses of Ibn Ḥanbal and Ibn Rāhwayh'' Chapter 3 (Abdullah) §18, translated by Susan Spectorsky, University of Texas Press, 1993<ref name="Spectorsky" />|I asked my father about a man who gives his underage daughter in marriage. “Can she opt [to turn down the marriage] when she is of age?” He said, “She cannot exercise this option if her father gave her in marriage. If she could, then ʿĀʾisha could have with regard to the Prophet, because the Prophet married her when she was six or seven years old, had intercourse with her when she was nine, and died when she was eighteen.”}} | |||
===Marital rape=== | ===Marital rape=== | ||
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==Slaves and Captives== | ==Slaves and Captives== | ||
In recent decades there has more or less been a consensus of scholars that slavery is no longer permitted. Historically however, and still in a few places today, slavery persisted for many centuries. Slaves lose control of their lives to those known as ''owners''. Although Islam promotes the freeing of slaves by promising divine rewards in the afterlife, it also institutionalizes the practice by sanctioning the capture and enslavement of enemy ([[Non-Muslims|kuffar]]) noncombatants as well as promoting an [[w:Indulgence|indulgence]]-style requirement of manumitting a slave for the compensation of sins committed.<ref>{{Quran|4|92}}</ref> The buying and selling of human beings like livestock is permitted in Islam, and there is no limit to the number of slaves a Muslim can own so long as he (or she) can afford to feed, clothe, and shelter them. Slaves have no right over their own persons. A slave may not get married without his or her master's permission, and a slave can redeem his or herself only if the master allows it. | {{Main|Slavery in Islamic Law}} | ||
In recent decades there has more or less been a consensus of scholars that slavery is no longer permitted and it is now illegal in all Muslim-majority countries. Historically however, and still in a few places today, slavery persisted for many centuries. Slaves lose control of their lives to those known as ''owners''. Although Islam promotes the freeing of slaves by promising divine rewards in the afterlife, it also institutionalizes the practice by sanctioning the capture and enslavement of enemy ([[Non-Muslims|kuffar]]) noncombatants in wartime, whose children are then also born into slavery (unless fathered by the owner), as well as promoting an [[w:Indulgence|indulgence]]-style requirement of manumitting a slave for the compensation of sins committed.<ref>{{Quran|4|92}}</ref> The buying and selling of human beings like livestock is permitted in Islam, and there is no limit to the number of slaves a Muslim can own so long as he (or she) can afford to feed, clothe, and shelter them. Slaves have no right over their own persons. A slave may not get married without his or her master's permission, and a slave can redeem his or herself only if the master allows it. | |||
Kecia Ali states regarding the marriage of slaves: | Kecia Ali states regarding the marriage of slaves: | ||
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====Mariyah==== | ====Mariyah==== | ||
Mariyah was a Coptic concubine sent as a gift from Egypt to Muhammad. She gave birth to Muhammad's son Ibrahim, but he died by the time he was two. They were never married, but he had sex with her because she was his property. | [[Maria the Copt (Mariyah Al-Qibtiyyah)|Mariyah]] was a Coptic concubine sent as a gift from Egypt to Muhammad. She gave birth to Muhammad's son Ibrahim, but he died by the time he was two. They were never married, but he had sex with her because she was his property. | ||
====Rayhana==== | ====Rayhana==== | ||