Child Marriage in Islamic Law: Difference between revisions

In contrast to the generally accepted medical definition, the term ''pedophile'' is also used colloquially to denote significantly older adults who are sexually attracted to adolescents below the local age of consent,<ref>Ames, A. & Houston, D. A. (1990). "Legal, social, and biological definitions of pedophilia."  ''Archives of Sexual Behavior''. '''19''' (4), 333-342.</ref> as well as those who have sexually abused a child.

{{Core}}

==Scripture==

{{Main|Muhammad's Companions and Pedophilia}}

Tarikh Khamees, Volume 2, p. 384 ('Dhikr Umm Kalthum') and Zakhair Al-Aqba, p. 168</ref>

{{Main|Contemporary Pedophilic Islamic Marriages}}

Pedophilic Islamic marriages are most prevalent in Pakistan and Afghanistan, followed by other countries in the [[Middle East]] and Bangladesh.<ref>[http://www.americamagazine.org/content/article.cfm?article_id=1631 America Magazine: Child Marriage in Afghanistan and Pakistan, by Andrew Bushell; March 11, 2002]</ref><ref>[http://www.americansforunfpa.org/NetCommunity/Page.aspx?pid=630 Americans For UNFPA: Virtual Slavery: The Practice of “Compensation Marriages” by Net Community of AfUNFPA; last retrieved Monday, 08 December 2008]</ref> This practice may also be prevalent to a lesser extent amongst other Muslim communities, and is on the rise among the growing Muslim populations in many non-Muslim countries, such as the United Kingdom<ref name="Ten-fold rise in forced marriages in just four years">[http://www.dailymail.co.uk/news/article-1196955/Ten-fold-rise-forced-marriages-just-years.html Ten-fold rise in forced marriages in just four years] - The Daily Mail July 2, 2009</ref> and the United States.<ref>Christine Vendel - [http://www.kansascity.com/105/story/1557578.html?pageNum=2&mi_pluck_action=page_nav#Comments_Container Man charged with statutory rape in ‘marriage’ to 14-year-old girl] - The Kansas City Star, November 8, 2009</ref>  

In countries like Yemen, Bangladesh, Iran, and Northern Nigeria, attempts at reforming laws and banning child marriages have been opposed and stopped on the grounds that such a ban would be un-Islamic,<ref name="TONOV282008">{{cite web|url= http://www.wunrn.com/news/2008/11_08/11_24_08/112408_nigeria.htm|title= Nigeria Child Brides-Broken Lives |publisher= Times Online|author= |date= November 28, 2008|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Fwww.wunrn.com%2Fnews%2F2008%2F11_08%2F11_24_08%2F112408_nigeria.htm&date=2013-06-15|deadurl=no}}</ref><ref name="TNTJuly212013">{{cite web |url= http://thenigeriatoday.net/i-could-marry-off-my-six-year-old-daughter-if-i-so-wished-senator-ahmed-yerima-replies-critics/|title= I Could Marry Off My Six Year Old Daughter If I So Wished, Senator Ahmed Yerima Replies Critics|publisher= The Nigeria Today|author= |date= July 21, 2013|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Fthenigeriatoday.net%2Fi-could-marry-off-my-six-year-old-daughter-if-i-so-wished-senator-ahmed-yerima-replies-critics%2F&date=2013-07-22|deadurl=no}}</ref><ref name="Weekly Blitz">[http://www.weeklyblitz.net/1386/islamist-leader-threatens-of-waging-jihad <!-- Backup link from Jihad Watch {{Reference archive|1=http://www.jihadwatch.org/2011/04/bangladesh-islamic-cleric-threatens-jihad-if-child-marriage-is-banned.html|2=2011-04-23}}  -->Islamist leader threatens of waging Jihad] - Weekly Blitz, April 20, 2011</ref><ref name="MESSAGE">Yessir - [{{Reference archive|1=http://www.abigmessage.com/child-marriage-death-of-13-year-old-bride-after-wedding.html|2=2011-10-25}} Child Marriage - Death Of 13 Year Old Bride After Wedding] - A BIG MESSAGE, April 10, 2010</ref><ref name="IRIN">[{{Reference archive|1=http://www.irinnews.org/Report.aspx?ReportId=88589|2=2011-10-25}} YEMEN: Deep divisions over child brides] - IRIN, March 28, 2010</ref> and in the case of Malaysia, the growing Muslim population has effectively turned back the clock on social progress by passing new laws which allow for the practice of pedophilic marriages specifically between followers of Islam.<ref name="World News Australia">[{{Reference archive|1=http://news.smh.com.au/breaking-news-world/outcry-over-malaysian-child-marriages-20100804-11fey.html|2=2011-10-25}} Outcry over Malaysian child marriages] - Sydney Morning Herald, August 4, 2010</ref>  

===Muslim Statistics on Pedophilia===

#More than half of all Yemeni girls are married before reaching the age of puberty.

#With more than 3,900 children within 6 months, Indonesia tops the UN bodies list for child trafficking cases

{{Quote|1={{Quran|65|4}}|2=And those who no longer expect menstruation among your women - if you doubt, then their period is three months, '''and [also for] those who have not menstruated.''' And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease.}}{{quote |1=[http://www.tafsir.com/default.asp?sid=65&tid=54196 Exegesis on (Qur'an 65:4)]<BR>Tafsir Ibn Kathir |2= The `Iddah of Those in Menopause and Those Who do not have Menses Allah the Exalted clarifies the waiting period of the woman in menopause. And that is the one whose menstruation has stopped due to her older age. Her `Iddah is three months instead of the three monthly cycles for those who menstruate, which is based upon the Ayah in (Surat) Al-Baqarah. [see 2:228] '''The same for the young, who have not reached the years of menstruation.''' Their `Iddah is three months like those in menopause. This is the meaning of His saying.}}{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 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.}}{{Quote|1={{Bukhari|5|58|236}}|2=Narrated Hisham's father: Khadija died three years before the Prophet departed to Medina. He stayed there for two years or so and then '''he married 'Aisha when she was a girl of six years of age, and he consumed that marriage when she was nine years old.'''}}{{Quote|1={{Bukhari|7|62|64}}|2=Narrated 'Aisha: that '''the Prophet married her when she was six years old and he consummated his marriage when she was nine years old''', and then she remained with him for nine years (i.e., till his death).}}<br />

==Apologetic Arguments==

The age of Aisha was not disputed by earlier scholars but a surge of recent scholars claim that Aisha was actually older than nine lunar years at time of the consummation of her marriage to Prophet Muhammad. They find the Sahih hadiths of her own testimony mistaken, and opt to use indirect sources and disputed dating techniques to calculate different ages. These heavily criticized research techniques have led to several conflicting ages to be proposed for Aisha at the time of consummation, including 12, 14, 15, 17, 18 and 21 years.  

The majority of Muslim scholars agree with the sahih hadith of Aisha's young age. This has been the mainstream Muslim understanding throughout Islam's 1,400 year history, and many scholars take offense to the new claims of Muslim apologists.

{{Main|The Meaning of Consummate}}

===Pedophilia and the Tu Quoque Defense===

===Miscellaneous Apologetics Used to Defend Muhammad's Actions===

{{Main|Responses to Apologetics - Muhammad and Aisha|l1=Responses to Apologetics: Muhammad and Aisha}}

==See Also==

*[{{Reference archive|1=http://www.sex-in-islam.com/amar.khan/Pedophilia-in-Islam.htm|2=2011-06-01}} A Complete Guide to Pedophilia in Islam]

*[{{Reference archive|1=http://www.npr.org/templates/story/story.php?storyId=5541006|2=2011-06-01}} Images of pedophilic Islamic marriages]

==References==