Child Marriage in the Qur'an: Difference between revisions

{{QualityScore|Lead=1|Structure=1|Content=2|Language=2|References=2}}

[[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>]]  

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:

Here the 'Iddah is prescribed to three categories of women:

#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 actual meaning of this verse and its implications are explicitly endorsed by [[tafsir]]s as will be shown below.

The Qur'an says in Arabic:

''Wa Al-Lā'ī Lam Yaĥiđna''  

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.<ref>[[w:Arabic grammar|Arabic grammar]] - Wikipedia</ref>

Thus ''lam Yadrus'' = He did not study.  

In the verse 65:4, '''''Lam Yaĥiđna'' = 'those who did not menstruate'.'''  

{{Quote||'''The mood is similar to the cohortative mood, in that it expresses plea, insistence, imploring, self-encouragement, wish, desire, intent, command, purpose or consequence.''' In some languages, the two are distinguished in that cohortative occurs in the first person and the jussive in the second or third. It is found in Arabic, where it is called the مجزوم, majzum. The rules governing the jussive in Arabic are somewhat complex. <ref>[[w:Grammatical mood#Jussive|Jussive]] - Wikipedia</ref>|}}  

Conclusion:

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).

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 tafsir so it can be verified by checking original sources.

   

{{quote |1=[http://www.islamicstudies.info/tafheem.php?sura=65 Commentary on Qur'an Chapter 65:4]<BR>Sayyid Abul Ala Maududi, Tafhim al-Qur'an|2= Here, one should bear in mind the fact that according to the explanations given in the Quran the question of the waiting period arises in respect of the women with whom marriage may have been consummated, for there is no waiting-period in case divorce is pronounced before the consummation of marriage. (Al-Ahzab: 49). Therefore, '''making mention of the waiting-period for the girls who have not yet menstruated, clearly proves that it is not only permissible to give away the girl in marriage at this age but it is also permissible for the husband to consummate marriage with her.''' Now, obviously no Muslim has the right to forbid a thing which the Quran has held as permissible.}}

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.

{{quote |Shaykh Muhammad ibn ‘Uthaymeen, Majmoo’at As’ilah tahumm al-Usrah al-Muslimah, p. 61-63|Surah al-Talaaq 65:4:  

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.

{{quote |1=[http://www.tafsir.com/default.asp?sid=65&tid=54196 The `Iddah of Those in Menopause and Those Who do not have Menses (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=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<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.}}  

{{quote |1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 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”.}}

{{Quote|Tafsir Al-Tabari, 14/142|The interpretation of the verse "And those of your women as have passed the age of monthly courses, for them the 'Iddah (prescribed period), if you have doubt (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". He said: The same applies to the 'idaah for girls who do not menstruate because they are too young, if their husbands divorce them after consummating the marriage with them.'''}}

The bold text means “Those who have not menstruated” are young girls.

{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=3&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=7&Size=1&LanguageId=1 Qur'an 65:4]<BR>Tabrasi|2= {{right|

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.

{{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|

The bold part translated as: “Those who have not menstruated yet” are young girls who have not reached the age of menstruation.

{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=19&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Abu-Hayyan|2= {{right|

The bold: “Those who have not menstruated yet” denotes those not menstruated because of being young.

From Imam Bukhari in his book of Tafsir and hadith collections:

The Iddah (waiting period) does not take place except after marriage.}}

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:

(Prove orphans…) [4:6]. This was revealed about Thabit ibn Rifa‘ah and his uncle. Rifa‘ah died when his son Thabit was very young. The uncle of Thabit went to the Messenger of Allah, Allah bless him and give him peace, and said: “The son of my brother is an orphan under my care, what is lawful for me from his wealth? And when should I give him back his wealth?” And so Allah, exalted is He, revealed this verse.}}

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"'':

In summary, when Muslims asked Muhammad who the "Nisa" were, he said they were the:

{{quote || There is an alternative interpretation that does not involve pederasty, which is sexual activity between young girls and boys, i.e. early teenage years when menstruation may not have begun (or become regular) among girls, who are married to boys similar in age. This type of marriage was not uncommon in Semitic cultures, for example some scholars suggest that Mary (the mother of Jesus) was somewhere between the ages of twelve and fourteen when she married Joseph (although it should be noted that non-canonical gospels suggest Joseph was a mature man, possibly as old as ninety<ref>[http://www.newadvent.org/cathen/08504a.htm St. Joseph] - New Advent (For more on the marriage between Joseph and Mary, see [[Joseph the Pedophile]])</ref>).

Given the evidence from the Islamic texts themselves, this interpretation is not the 'most reasonable' as asserted. We have ample [[Muhammad and the Clinical Definition of Pedophilia|evidence]] that  Muhammad (who is considered the [[Uswa Hasana|uswa hasana]] - perfect example) married and had sex with a pre-pubescent Aisha, we have evidence that [[Muhammad's Companions and Pedophilia|Muhammad's companions also did it]] and that [[Contemporary Pedophilic Islamic Marriages|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.

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.  

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.

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:

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.

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:

{{Core Pedophilia}}

*[[Contemporary Pedophilic Islamic Marriages]]

{{Translation-links-english|[[Pedophilie_dans_le_Coran|French]]}}

*[http://www.answering-islam.org/Quran/Versions/065.004.html Marriage to Minors: Surah At-Talaq (65:4)] - ''[[Answering Islam]]''

*[http://abcnews.go.com/Health/story?id=2610353 Puberty Hitting Girls as Young as 4 Years Old]

{{Reflist|30em}}

[[Category:Qur'an]]

[[Category:Islamic Law]]