Child Marriage in Islamic Law: Difference between revisions

[[File:Child marriage.jpg|thumb|Ghulan Haider, 11, married Faiz Mohammed, age 40. She hoped to become a teacher but was forced to quit her classes upon engagement. Image from the ''New York Times Magazine''.]]

'''Child marriage''' and '''[[Sex|sexual activity]] between adults and children''' are sanctioned by [[Shari'ah (Islamic Law)|Islamic law]] and were practiced by [[Muhammad's Wives|Muhammad]] and his [[Sahabah|companions]]. As is the case within all contexts where sexual activity ''is'' ''permitted'' in Islam - namely, [[marriage]] and [[slavery]] - [[Islam and Women|female]] [[Rape in Islamic Law|consent is not required]] and the category of "rape" does not exist (even while the category of "rape" exists outside these contexts). The only restriction on sexual activity with children of any age within the contexts of marriage and slavery is that the child should not come to severe physical harm as a consequence of the encounter ("mental anguish", as such, is not considered, and consent is regardless irrelevant). Consequently, men are advised to avoid vaginal penetration with their child wives and female slaves if they are too small to endure such activity, although other forms of sexual activity with such children are permitted. "[[Thighing]]", explicitly discussed by Islamic jurists, is one such variety of alternative sexual activity that men may engage in with their child wives and female slaves if they are too small to endure penetration.{{Core}}

===Child marriage in the Quran===

{{Main|Child Marriage in the Qur'an}}

In countries including 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> Malaysia has even passed new laws which explicitly allow for the practice of child marriages among Muslims on religious grounds.<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>

{{Main|Qur'an, Hadith and Scholars:Child Marriage}}

===Hadiths===

{{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).}}

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