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The | |||
The subject of child marriage per se never arises in the Qur'an. Yet scholars were more or less unanimous that the Qur'an deals indirectly with the topic. The Qur'an lays down strict rules for how long a woman must wait in between the end of one marriage and the beginning of another. The purpose of this in a pre-modern, patriarchal society was to ensure that a woman would not marry a new man while pregnant from her last husband and impute fathership of her baby to the wrong husband. Pursuant to these rules {{Quran|2|228}} stipulates a waiting period ([['Iddah|'Iddah]]) of 3 months after divorce, while {{Quran|33|49}} states that no waiting period is prescribed for a woman who has ''not'' had intimate contact with her husband. However, the Quran also clarifies a number of other scenarios in verse {{Quran|65|4}}, including that there is also a 3 month waiting period for "those who have not menstruated". | |||
This has been interpreted in the Islamic tradition to mean that the [[Qur'an]] supports marrying prepubescent girls. Jurists were unanimous that a father could contract his child in marriage at any age, while the family was to hand over the daughter to her husband for consummation when she could physically tolerate intercourse without physical harm (see [[Child Marriage in Islamic Law]]). Some Quran commentators and modernist Muslims mention opinions that {{Quran|65|4}} may refer rather to women whose menstruation has been interrupted (for example, due to illness) and interpret the Quran as sanctioning marriage only with those who have reached puberty. | |||
Today, [[w:Marriageable_age|many modern Muslim countries]] have legislated to raise the minimum age of marriage, in many cases to the age of 16 or 18 for girls (though often with loopholes or with ineffective enforcement) and to prevent forced marriage, often in the face of opposition from Islamic scholars. Many Muslim campaign groups and charities have been involved in this process and continue to offer help to those at risk (see the article [[Forced Marriage]] which includes sources of 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> In collaboration with activists, in 2019 the deputy Grand Mufti of al-Azhar University in Cairo issued a fatwa calling for marriage based on mutual consent with a minimum age set as 18.<ref>[https://www.theguardian.com/global-development/2019/jun/21/senior-islamic-cleric-issues-fatwa-against-child-marriage Senior Islamic cleric issues fatwa against child marriage] - Guardian.com</ref> Unicef say that the prevalence of child marriages are decreasing globally but are nevetheless common (including among non-Muslim populations in some regions of the world). | |||
[[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>]] | [[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>]] | ||
==Introduction== | ==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 ' | 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 (Female Menstrual Waiting Period)|'Iddah]] عدة. | ||
{{Quote|{{Quran|2|228}}|Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise.}} | |||
However, there is one exception to this requirement in Qur'an 33:49: | |||
{{Quote|{{Quran|33|49}}| {{right| | {{Quote|{{Quran|33|49}}| {{right| | ||
ياايها الذين امنوا اذا نكحتم المؤمنات ثم طلقتموهن من قبل ان تمسوهن فمالكم عليهن من عدة | ياايها الذين امنوا اذا نكحتم المؤمنات ثم طلقتموهن من قبل ان تمسوهن فمالكم عليهن من عدة تعتدونها فمتعوهن 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'' | '''Transliteration:''' ''Ya ayyuha allatheena amanoo itha nakahtumu almuminati thumma tallaqtumoohunna min qabli an tamassoohunna fama lakum AAalayhinna min AAiddatin taAAtaddoonaha famattiAAoohunna wasarrihoohunna sarahan jameelan'' | ||
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'''Sahih International:''' O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}} | '''Sahih International:''' O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}} | ||
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. | 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 before the divorce, she should not have to observe any waiting period at all. | ||
According to traditional accounts, Muhammad was later asked about scenarios not covered in these verses: | |||
{{quote |1=[https://www.altafsir.com/tafasir.asp?tmadhno=0&ttafsirno=86&tsorano=65&tayahno=4&tdisplay=yes&userprofile=0&languageid=2 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”.}} | |||
These scenarios are addressed in Qur'an 65:4: | |||
{{Quote|{{Quran|65|4}}|{{right| | {{Quote|{{Quran|65|4}}|{{right| | ||
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#First the phrase: “Yaisna min al-maheedhi” يئسن من المحيض 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. | #First the phrase: “Yaisna min al-maheedhi” يئسن من المحيض 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” واللائي لم يحضن which means “those who have not menstruated yet” This | #Next comes, “Wallaee Lam yahidhna” واللائي لم يحضن which means “those who have not menstruated yet”. This was more or less unanimously interpreted to mean 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 | #Lastly, the women who are pregnant - their prescribed ʿIddah is until they have given birth. | ||
==Linguistic Analysis of Verse in Arabic== | ==Linguistic Analysis of Verse in Arabic== | ||
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{{Quote|1=[http://quran.al-islam.com/Tafseer/DispTafsser.asp?l=arb&taf=GALALEEN&nType=1&nSora=65&nAya=4 Quran 65:4]<BR>Tafsir from al-Islam.com | {{Quote|1=[http://quran.al-islam.com/Tafseer/DispTafsser.asp?l=arb&taf=GALALEEN&nType=1&nSora=65&nAya=4 Quran 65:4]<BR>Tafsir from al-Islam.com | ||
|2= {{right| | |2= {{right| | ||
واللائي لم يحضن | واللائي لم يحضن فعدتهن ثلاثة أشهر | ||
}} | }} | ||
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''واللائي لم يحضن" فعدتهن ثلاثة أشهر'' | ''واللائي لم يحضن" فعدتهن ثلاثة أشهر'' | ||
''Wa | ''Wa L-Lāʾī Lam Yaḥiḍna'' | ||
'' | ''Wa'' ( <font size="4">وَ</font> ) = and | ||
''Al- | ''Al-Lāʾī'' ( <font size="4">وَاللَّائِي</font> ) = for those who | ||
''Lam'' ( <font size="4">لَمْ </font>) = did not (negation in past tense) <ref name="EB">Elabbas Benmamoun, Arabic morphology: The central role of the imperfective, Lingua 108 (1999) 175-201</ref> | ''Lam'' ( <font size="4">لَمْ </font>) = did not (negation in past tense) <ref name="EB">Elabbas Benmamoun, Arabic morphology: The central role of the imperfective, Lingua 108 (1999) 175-201</ref> | ||
'' | ''Yaḥiḍna'' ( <font size="4">يَحِضْنَ</font> ) = menstruate. | ||
'' | ''Yaḥiḍna'' comes from the verbal root H-Y-D ( <font size="4">حيض</font> ) which means "to menstruate". | ||
The addition of prefix "Ya" and suffix "na" to the root "HYD" shows that the word is | The addition of prefix "Ya" and suffix "na" to the root "HYD" shows that the word is used in third person, feminine gender, plural, imperfective aspect, jussive mood.<ref>[[w:Arabic grammar|Arabic grammar]] - Wikipedia</ref> | ||
The imperfective aspect, according to traditional understanding of classical Arabic grammar, by itself lacks any tense feature (as is true of other classical Semetic languages such as Hebrew). <ref name="EB" /> The tensed negatives like ''lam'' ( <font size="3">لَمْ </font> ) (negation in past tense), ''lan'' ( <font size="3">لن</font> ) (negation in future tense), '' | The imperfective aspect, according to traditional understanding of classical Arabic grammar, by itself lacks any tense feature (as is true of other classical Semetic languages such as Hebrew). <ref name="EB" /> The tensed negatives like ''lam'' ( <font size="3">لَمْ </font> ) (negation in past tense), ''lan'' ( <font size="3">لن</font> ) (negation in future tense), ''lā'' ( لا) (negation in present tense) combined with imperfective (in different moods) decide the tense in the case of a negative sentence. | ||
Thus ''lam Yadrus لم يدرس'' = He did not study. | Thus ''lam Yadrus لم يدرس'' = He did not study. The verb is in the imperfect tense, but the particle lam لم conveys a meaning of a simple, negated past. | ||
In the verse 65:4, '''''Lam | In the verse 65:4, '''''Lam'' ''Yaḥiḍna'' لم يحضن= 'those who did not menstruate'.''' The meaning here is that the females being referred to have not, yet, menstruated, ie they are pre-pubescent. | ||
The imperfective verb in the with the negation particle ''lam'' ( <font size="3">لَمْ </font> ) (indicating a past-tense meaning) is in the [[w:Grammatical mood#Jussive|Jussive]] mood(يعني المضارع المجزوم). <ref name="EB" /> | |||
{{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>|}} | {{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>|}} | ||
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Lane's Lexicon, Volume 2, page: 322, 323<ref>[http://www.studyquran.co.uk/9_HAA.htm ح = Ha] - StudyQuran</ref>}} | Lane's Lexicon, Volume 2, page: 322, 323<ref>[http://www.studyquran.co.uk/9_HAA.htm ح = Ha] - StudyQuran</ref>}} | ||
It thus follows that 65:4 is describing the state of women have not yet menstruated, which would logically include children or girls before puberty or attainment of [[w:menarche|menarche]] (first period). This implication, as seen below, was also drawn by the majors [[tafsir| | It thus follows that 65:4 is describing the state of women have not yet menstruated, which would logically include children or girls before puberty or attainment of [[w:menarche|menarche]] (first period). This implication, as seen below, was also drawn by the majors [[tafsir|Tafsirs]]. | ||
The exact translation of this portion of {{Quran|65|4}} is thus ''"Not menstruated yet"'' ( <font size="4">لَمْ يَحِضْنَ</font> ). In Arabic, the menstruation process is called HaiD( <font size="4">حيض</font> ), and the verb for "to menstruate" is yaHiD( <font size="4">يَحِض</font> ), with the noun likely being derivative of the verb (as with most but not all derivations in Arabic). The LAM ( <font size="4">لَمْ </font> )clearly shows that the verb refers to women who menstruated, and the na ( <font size="4">نَ</font> ) at the end of the verb drives home the point that this verb speaks of women. “Not menstruated yet” or some similar translation is the only acceptable English translation. | The exact translation of this portion of {{Quran|65|4}} is thus ''"Not menstruated yet"'' ( <font size="4">لَمْ يَحِضْنَ</font> ). In Arabic, the menstruation process is called HaiD( <font size="4">حيض</font> ), and the verb for "to menstruate" is yaHiD( <font size="4">يَحِض</font> ), with the noun likely being derivative of the verb (as with most but not all derivations in Arabic). The LAM ( <font size="4">لَمْ </font> )clearly shows that the verb refers to women who menstruated, and the na ( <font size="4">نَ</font> ) at the end of the verb drives home the point that this verb speaks of women. “Not menstruated yet” or some similar translation is the only acceptable English translation. | ||
This verse 65:4 is read by the tafsirs as a continuation of Qur'an 33:49. A question that naturally arises from these verses, and which was more or less answered by the mufassiruun, is 'if a woman who has not had 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?' The seems to be that marrying pre-pubescent girls and having sex with them is sanctioned by the Qur'an. | This verse 65:4 is read by the tafsirs as a continuation of Qur'an 33:49. A question that naturally arises from these verses, and which was more or less answered by the mufassiruun, is 'if a woman who has not had 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?' The answer seems to be that marrying pre-pubescent girls and having sex with them is sanctioned by the Qur'an, or at least such marriages are alluded to without criticism. | ||
The phrase found in Qur'an 65:4 as "wallaee lam yaHiDhna" واللائي لم يحضن is sometimes mistranslated by [[apologists]] | The phrase found in Qur'an 65:4 as "wallaee lam yaHiDhna" واللائي لم يحضن is sometimes mistranslated by [[apologists]] to mask the fact that pre-pubescent girls are normally understood as the intended meaning here; the exact meaning of the phrase is clearly understood this way in the [[Tafsir]]<nowiki/>s. | ||
Some also point out that {{Quran-range|2|236|237}} implies that there can be a significant time period between contracting a marriage and consummation. Between this time a husband may divorce his wife with reduced compensation. Since a particularly significant amount of time would typically pass between the contracting of marriage with a minor and the consummation, the need for such guidance might seem to imply that the author had such marriages in mind. | |||
{{Quote|{{Quran-range|2|236|237}}|There is no blame upon you if you divorce women you have not touched nor specified for them an obligation. But give them [a gift of] compensation - the wealthy according to his capability and the poor according to his capability - a provision according to what is acceptable, a duty upon the doers of good.<BR />And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it. And to forego it is nearer to righteousness. And do not forget graciousness between you. Indeed Allah, of whatever you do, is Seein}} | |||
==Tafsirs of the Verse== | ==Tafsirs of the Verse== | ||
The classical tafsirs are essentially unanimous that {{Quran|65|4}} prescribes the 'iddah for a pre-pubscent girl. Although not spelled out explicitly in the verse itself, this meaning is clearly the one that was taken away by the orthodox Sunni muslim exegetical tradition. It must be noted that while mentioning this interpretation, al-Tabari and al-Qurtubi also include opinions that it refers to women whose normal menstruation is interrupted (see [[Child Marriage in Islamic Law]]). For example, al-Qurtubi cites the companion Mujahid, though see also the hadith quoted from Sahih al-Bukhari below where Mujahid gives the traditional interpretation. The alternative interpretation is also advocated by Islamic modernists and is discussed in the section on modern views below. | |||
=== | Besides the tafsirs quoted below, 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> | ||
===Modern Tafsirs=== | |||
The following commentaries show that the tradition of interpreting this verse as referring to the divorce (and thus marriage) of pre-pubescent girls comes well into the modern period. | |||
The largest Quran publisher in the world, King Fahd Complex for the Printing of the Holy Quran, which is located in Saudi Arabia, published a Quran edition called “The easy interpretation” where every Quran page includes explanatory notes. This edition is authored by an elect of scholars. Here’s what this edition says about verse 65:4: | |||
{{quote |1=[https://publications-img.qurancomplex.gov.sa/?p=139&mushaf_pageno=573&imagewidth=550 Al-Tafsīr Al-Muyassar, King Fahd Complex for the Printing of the Holy Quran, second edition, p.558]<BR>التفسير الميسر، مجمع الملك فهد لطباعة المصحف، تأليف نخبة من العلماء، الطبعة الثانية|2= {{right|والنساء المطلقات اللاتي انقطع عنهنَّ دم الحيض؛ لكبر سنهنَّ، إن شككتم فلم تدروا ما الحكم فيهنَّ؟ فعدَّتهنَّ ثلاثة أشهر، والصغيرات اللاتي لم يحضن، فعدتهن ثلاثة أشهر كذلك}}<BR> | |||
As for divorced women who no longer menstruate due to old age, if you didn’t know what the ruling on them is, their ʿIddah is three months. As for the young ones who haven’t menstruated yet, their ʿIddah is three months too.}} | |||
'''Abu Bakr Al-Jaza'iri (1921-2018)''' | |||
{{quote |1=أيسر التفاسير لأبي بكر الجزائري ج5 ص377<BR> | |||
Aysar Al-Tafāsīr by Abū Bakr Al-Jazāʾirī, Maktabat Al-ʿUlūm Wal Ḥikam, vol.5 p.377|2= {{right|واللائي لم يحضن أي لصغرهن كذلك، عدتهن ثلاثة أشهر.}}<BR> | |||
The ʿiddah for those who haven’t menstruated, meaning for being young, is also three months.}} | |||
'''Ibn 'Ashur (1879-1973)'''{{quote |1=التحرير والتنوير لابن عاشور، الدار التونسية للنشر<BR> | |||
Al-Taḥrīr Wal-Tanwīr by Ibn ʿĀshūr, Al-Dār Al-Tūnisiyyah Lil-Nashr, Vol.28 p.315|2= {{right|عَطْفٌ عَلَى قَوْلِهِ: فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ [الطَّلَاق: 1] فَإِنَّ الْعِدَّةَ هُنَالِكَ أُرِيدَ بِهَا الْأَقْرَاءُ فَأَشْعَرَ ذَلِكَ أَنَّ تِلْكَ الْمُعْتَدَّةَ مِمَّنْ لَهَا أَقْرَاءٌ، فَبَقِيَ بَيَانُ اعْتِدَادِ الْمَرْأَةِ الَّتِي تَجَاوَزَتْ سِنَّ الْمَحِيضِ أَوِ الَّتِي لَمْ تَبْلُغْ سِنَّ مَنْ تَحِيضُ وَهِيَ الصَّغِيرَةُ.}}<BR> | |||
After verse no.1 explained the ʿiddah for women who menstruate, another thing remains to be explained which is the ʿiddah for women who have passed the menstruation age or the ones who haven’t reached the menstruation age who are the young.}} | |||
====Abul A'la Al-Maududi (1903-1979)==== | |||
{{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.}} | {{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. | Note here what Al-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. | ||
'''Al-Sa'di (d.1956)''' | |||
{{quote |1=تفسير السعدي، ص807، مؤسسة الرسالة<BR> | |||
Taysīr Al-Karīm Al-Mannān by Al-Saʿdī, Muʾassasat Al-Risālah, p.807|2= {{right|وَاللائِي لَمْ يَحِضْنَ، أي: الصغار، اللائي لم يأتهن الحيض بعد}}<BR> | |||
Those who haven’t menstruated, meaning: The young who haven’t menstruated yet.}} | |||
<br /> | |||
'''Al-Shawkani (d.1839 AD)''' | |||
=== | {{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| | ||
{ فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ '''وَٱللاَّئِى لَمْ يَحِضْنَ } لصغرهن، وعدم بلوغهن سن المحيض،''' أي: فعدتهن ثلاثة أشهر }} | |||
'''Due to their youth, and their lack of reaching the age of menstruation (i.e. puberty)''', i.e. their waiting period is 3 months, (quoting the Qur'an) "their waiting period is 3 months and [the same is the case for] those who have not menstruated yet"). }} | |||
<br /> | |||
=== | ===Classical Tafsirs=== | ||
The traditional understanding of this verse reaches far back into Islamic history. Almost all of the classical commentators have dealt with this verse, and they are near-unanimous in declaring that it refers to the divorce, and therefore the marriage, of pre-pubescent girls. | |||
====Ibn Kathir (d.1373 AD), whose interpretation of the Quran is the most popular in the Muslim world, says:==== | |||
== | {{quote |1=Tafsir Ibn Kathir, Dar Taybah, vol.8 p.149 |2= يَقُولُ تَعَالَى مُبَيِّنًا لِعِدَّةِ الْآيِسَةِ -وَهِيَ الَّتِي قَدِ انْقَطَعَ عَنْهَا الْحَيْضُ لِكِبَرِهَا-: أَنَّهَا ثَلَاثَةُ أَشْهُرٍ، عِوَضًا عَنِ الثَّلَاثَةِ قُرُوءٍ فِي حَقِّ مَنْ تَحِيضُ، كَمَا دَلَّتْ عَلَى ذَلِكَ آيَةُ "الْبَقَرَةِ" وَكَذَا الصِّغَارُ اللَّائِي لَمْ يَبْلُغْنَ سِنَّ الْحَيْضِ أَنَّ عِدَّتَهُنَّ كَعِدَّةِ الْآيِسَةِ ثَلَاثَةُ أَشْهُرٍ؛ وَلِهَذَا قَالَ: {وَاللائِي لَمْ يَحِضْنَ} | ||
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.}} | |||
'''Al-Tabari (d.923 AD), whose interpretation is the earliest comprehensive interpretation of the Quran, says:'''{{Quote|[https://al-maktaba.org/book/43/13681 The interpretation of Al-Tabari, mu'assasat Al-Risalah, vol.23 p.452]|{{right| (وَاللائِي لَمْ يَحِضْنَ) يقول: وكذلك عدد اللائي لم يحضن من الجواري لصغر إذا طلقهنّ أزواجهنّ بعد الدخول | |||
}} | |||
"And for those who haven't menstruated" means: The same applies to the Iddah for girls who do not menstruate because they are too young, if their husbands divorce them after consummating the marriage with them.<ref>Al-Tabari's tafsir for Q. 65:4 translated by Islamqa.info [https://islamqa.info/en/answers/12708/is-it-acceptable-to-marry-a-girl-who-has-not-yet-started-her-menses Is it acceptable to marry a girl who has not yet started her menses?]</ref>}} | |||
===Al-Zamakhshari=== | |||
'''Tafsir Ibn Abbas. Which is a collection of the Quranic interpretation reports attributed to Ibn Abbas, Muhammad's cousin.'''{{Quote|1=[https://www.altafsir.com/tafasir.asp?tmadhno=0&ttafsirno=74&tsorano=65&tayahno=4&tdisplay=yes&userprofile=0&languageid=2]<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.}}<br />'''Al-Jalalayn by Al-Mahalli (d.1459 AD) & Al-Suyuti (d.1505 AD)'''{{Quote|1=[https://www.altafsir.com/tafasir.asp?tmadhno=0&ttafsirno=74&tsorano=65&tayahno=4&tdisplay=yes&userprofile=0&languageid=2 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.}} | |||
====Al-Wahidi (d.1076 ِAD)==== | |||
{{quote |1=[https://www.altafsir.com/tafasir.asp?tmadhno=0&ttafsirno=86&tsorano=65&tayahno=4&tdisplay=yes&userprofile=0&languageid=2 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”.}} | |||
====Al-Zamakhshari (d.1143 ِAD)==== | |||
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=2&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Al-Zamakhshari, Al-Kashshaaf|2= {{right| | {{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=2&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Al-Zamakhshari, Al-Kashshaaf|2= {{right| | ||
روي أن ناساً قالوا: قد عرفنا عدة ذوات الأقراء، فما عدة اللائي لا يحضن؛ فنزلت: فمعنى إِنِ ٱرْتَبْتُمْ }: إن أشكل عليكم حكمهن وجهلتم كيف يعتددن فهذا حكمهنّ، وقيل: إن ارتبتم في ذم البالغات مبلغ اليأس وقد قدروه بستين سنة وبخمس وخمسين، أهو دم حيض أو استحاضة؟ { فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ } وإذا كانت هذه عدة المرتاب بها، فغير المرتاب بها أولى بذلك '''{ وَٱلَّٰۤئى لَمْ يَحِضْنَ }''' هن الصغائر''' | روي أن ناساً قالوا: قد عرفنا عدة ذوات الأقراء، فما عدة اللائي لا يحضن؛ فنزلت: فمعنى إِنِ ٱرْتَبْتُمْ }: إن أشكل عليكم حكمهن وجهلتم كيف يعتددن فهذا حكمهنّ، وقيل: إن ارتبتم في ذم البالغات مبلغ اليأس وقد قدروه بستين سنة وبخمس وخمسين، أهو دم حيض أو استحاضة؟ { فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ } وإذا كانت هذه عدة المرتاب بها، فغير المرتاب بها أولى بذلك '''{ وَٱلَّٰۤئى لَمْ يَحِضْنَ }''' هن الصغائر''' }} | ||
It is said that people said: we have known the waiting period of the literate people, what is the waiting period of those who do not menstruate; it was revealed its meaning that (quoting the Qur'an) "if you doubted", ie if the correct judgement is not clear and you do not know how to reckon their 'iddah this is to be the correct judgement. And it is said: if you doubted regarding the women who have despaired of further menstruation (and they estimate this to be 60 or 55 years of age) and they see more blood, is it menstruation or spotting? (Quoting the Qur'an) "Their waiting period is 3 months." And if this is the waiting period for those regarding whom there is doubt, then for those regarding whom there is no doubt, (quoting the Qur'an) "and for those how have not menstruated yet", '''these are the small female children.''' }} | |||
'''<small><br />Tabrasi (d.1153 ِِِAD), a Shia scholar.</small>''' | |||
{{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| | {{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|{واللآئي لم يحضن} | ||
{ واللآئي لم يحضن } تقديره واللآئي لم يحضن إن ارتبتم فعدتهن أيضاً ثلاثة أشهر وحذف | |||
تقديره واللآئي لم يحضن إن ارتبتم فعدتهن أيضاً ثلاثة أشهر وحذف دلالة الكلام الأول عليه وهن اللواتي '''لم يبلغن''' المحيض ومثلهن تحيض على ما مرَّ بيانه.}} | |||
"And those who have not yet menstruated" ie for those who have not yet menstruated, if you doubted, their waiting period is three months, negating the reference to the previous verse, '''these are those women who have not yet reached the age of menstruation and those like them whose menstruation escapes observation.''' }} | |||
<br /> | |||
===<small>Abu Hayyan (d.1344 AD)</small>=== | |||
{{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|{واللائي لم يحضن }<br> | |||
،فالعدة هذه، فتلخص في قوله: { إن ارتبتم } قولان: أحدهما، أنه على ظاهر مفهوم اللغة فيه، وهو حصول الشك؛ والآخر، أن معناه التيقن للإياس؛ والقول الأول معناه: إن ارتبتم في دمها، أهو دم حيض أو دم علة؟ أو إن ارتبتم في علوق بحمل أم لا؛ أو إن ارتبتم: أي جهلتم عدتهن، أقوال. والظاهر أن قوله: واللائي { '''لم يحضن''' } يشمل من لم يحض لصغر، }} | |||
"And those who have not yet menstruated" As for the waiting period, it is summed up in its saying (quoting the Qur'an) "if you doubted" there are two sayings: one of them, which appears exceedingly understandable, 'this is in the case of doubt'; and the other, whose meaning is 'those who have certainly reached to the point of despair [menopause].' The meaning of the first: if you doubted her blood, is it menstrual blood or caused by an illness or health irregularity? Or perhaps if you suspect a calamity (miscarriage) has happened or not? Or if you doubted: i.e. if you don't know of their waiting period. And this much is clear: Those "who have not yet menstruated" '''includes those who have not menstruated due to their young age.''' }} | |||
<br /> | |||
==Evidence from the Hadith== | |||
This interpretation is widespread amongst the mufassirun for good reason. All of the most authoritative collections of Sunni hadith all support this interpretation. | |||
From Imam Bukhari in his book of Tafsir and hadith collections: | From Imam Bukhari in his book of Tafsir and hadith collections: | ||
{{Quote|[http://bewley.virtualave.net/bukhari33.html Sahih Al-Bukhari, Chapter 68: Book of Tafsir]|''' | {{Quote|[http://bewley.virtualave.net/bukhari33.html Sahih Al-Bukhari, Chapter 68: Book of Tafsir]|'''The Tafsir of Surat Al-Talaq'''<BR><BR>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 'iddah is three months'''.}} | ||
{{Quote|{{cite web quotebox|url= http://archive.org/download/SahihAl-bukhari9Vol.Set/SahihAl-bukhariVol.7-Ahadith5063-5969.pdf|title= The Translation of the Meanings of Sahih Al-Bukhari|publisher= Dar-us-Salam Publications|isbn= 9960-717-38-0|author= Al-Bukhari (au.), Muhammad M. Khan (tr.)|date= June 1, 1997|series=vol. 7, book 67, ch. 39|page= 57|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Farchive.org%2Fdownload%2FSahihAl-bukhari9Vol.Set%2FSahihAl-bukhariVol.7-Ahadith5063-5969.pdf&date=2013-08-13|deadurl=no}}|'''(39) CHAPTER. Giving one's young children in marriage (is permissible).''' | {{Quote|{{cite web quotebox|url= http://archive.org/download/SahihAl-bukhari9Vol.Set/SahihAl-bukhariVol.7-Ahadith5063-5969.pdf|title= The Translation of the Meanings of Sahih Al-Bukhari|publisher= Dar-us-Salam Publications|isbn= 9960-717-38-0|author= Al-Bukhari (au.), Muhammad M. Khan (tr.)|date= June 1, 1997|series=vol. 7, book 67, ch. 39|page= 57|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Farchive.org%2Fdownload%2FSahihAl-bukhari9Vol.Set%2FSahihAl-bukhariVol.7-Ahadith5063-5969.pdf&date=2013-08-13|deadurl=no}}|'''(39) CHAPTER. Giving one's young children in marriage (is permissible).''' | ||
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{{Quote|Capter heading for {{Muslim|8|3309}} to {{Muslim|8|3311}}|Chapter 10: It is permissible for the father to give the hand of his daughter in marriage '''even when she is not fully grown''' up.}} | {{Quote|Capter heading for {{Muslim|8|3309}} to {{Muslim|8|3311}}|Chapter 10: It is permissible for the father to give the hand of his daughter in marriage '''even when she is not fully grown''' up.}} | ||
Muṣannaf of Abdul Razzaq (126-211 AH), one of earliest collections of Hadith, mentions a report where companions of Muhammad reference verse 65:4 while answering a legal question about a divorced woman. They said: | |||
{{quote|Muṣannaf of Abdul Razzāq Al-Ṣanʿānī, Al-Maktab Al-Islāmī, Hadith no.11100, vol.6 p. 340|{{right|فَذَكَرَ شَأْنَ امْرَأَتِهِ وَعِنْدَهُ عَلِيُّ بْنُ أَبِي طَالِبٍ، وَزَيْدُ بْنُ ثَابِتٍ، فَقَالَ لَهُمَا عُثْمَانُ: مَا تَرَيَانِ؟ قَالَا: «نَرَى أَنَّهَا تَرِثُهُ إِنْ مَاتْ، وَأَنَّهُ يَرِثُهَا إِنْ مَاتَتْ، فَإِنَّهَا لَيْسَتْ مِنَ الْقَوَاعِدِ اللَّاتِي يَئِسْنَ مِنَ الْمَحِيضِ، وَلَيْسَتْ مِنَ الْأَبْكَارِ اللَّائِي لَمْ يَحِضْنَ}}<BR> | |||
He mentioned the case of his wife while Ali ibn Abi Talib and Zayid bin Thabit were present, so 'Uthman said to the two of them: "What do you think?" The two of them said "We consider she will inherit from him if he dies, and he will inherit from her if she dies, for she’s not among the elderly women who no longer expect menstruation, and she’s not among the virgins who haven’t menstruated.}} | |||
The following Muwatta hadith shows it's permissible to marry girls who have not reached puberty: | The following Muwatta hadith shows it's permissible to marry girls who have not reached puberty: | ||
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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."}} | 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 | The following is from Fath al-Bari, one of the most authoritative commentaries on Sahih Al-Bukhari: | ||
{{Quote|1=|2= {{right| | {{Quote|1=|2= {{right| | ||
واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ ) أي فدل على أن نكاحها قبل البلوغ جائز | (واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ ) | ||
أي فدل على أن نكاحها قبل البلوغ جائز | |||
}} | }} | ||
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The Iddah (waiting period) does not take place except after marriage.}} | The Iddah (waiting period) does not take place except after marriage.}} | ||
'''Shaykh Muhammad Bin ʿUthaymīn (d.2001)'''{{quote |Shaykh Muhammad ibn ‘Uthaymeen, Majmoo’at As’ilah tahumm al-Usrah al-Muslimah, p. 61-63|Surah al-Talaaq 65:4: | |||
If a woman does not menstruate, either because she is very young or old and past menopause, then her ‘iddah is three months, because Allah says (interpretation of the meaning): “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.<ref>[http://www.islamqa.com/index.php?ln=eng&ds=qa&QR=12667 The ‘iddah of a woman divorced by talaaq] - Islam Q&A, Fatwa No. 12667</ref>}} | |||
==Modern Views and Perspectives on the Meaning of Qur'an 65:4== | ==Modern Views and Perspectives on the Meaning of Qur'an 65:4== | ||
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===The Qur'an prohibits marriage to pre-pubescent females=== | ===The Qur'an prohibits marriage to pre-pubescent females=== | ||
Some Modern [[dawah|du'aah]] who | Some Modern [[dawah|du'aah]] who decry the traditional sources as endorsing pedophilia often take issue with the interpretation of the wording of Qur'an 65:4 in these source. They see the verse as limited to post-pubescent women and not pre-pubescent women (taking as a starting point medieval modes of understanding "adulthood" for women.<ref>{{Cite web| title = Does verse 65:4 encourage child marriage?| author = Abu Amina Elias AKA Justin Parrott| work = Faith in Allah الإيمان بالله "Any practice that causes harm to children is unlawful in Islam."| date = | access-date = 6 January 2022| url = https://www.abuaminaelias.com/verse-65-4-child-marriage/| quote = }}</ref>. | ||
{{ | Qur'an 4:6 is also often leveraged as part of this argument: | ||
{{Quote|{{Quran|4|6}}| | |||
{{right|وابتلوا اليتامى حتى اذا بلغوا النكاح فان انستم منهم رشدا فادفعوا اليهم اموالهم ولاتاكلوها اسرافا وبدارا ان يكبروا ومن كان غنيا فليستعفف ومن كان فقيرا فلياكل بالمعروف فاذا دفعتم اليهم اموالهم فاشهدوا عليهم وكفى بالله حسيبا | {{right|وابتلوا اليتامى حتى اذا بلغوا النكاح فان انستم منهم رشدا فادفعوا اليهم اموالهم ولاتاكلوها اسرافا وبدارا ان يكبروا ومن كان غنيا فليستعفف ومن كان فقيرا فلياكل بالمعروف فاذا دفعتم اليهم اموالهم فاشهدوا عليهم وكفى بالله حسيبا | ||
}} | }} | ||
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#The underlying, literal meaning of "Nikaah" in Arabic language is vaginal, "[[Nikah (Sexual Consummation of Marriage)|Sexual Intercourse]]" | #The underlying, literal meaning of "Nikaah" in Arabic language is vaginal, "[[Nikah (Sexual Consummation of Marriage)|Sexual Intercourse]]" | ||
Some modern du'aah use this word "Nikaah" in this verse to mean "marriage" (i.e. till they (the orphans) reach the age of marriage). Their argument is that this verse links the age of "Nikaah" with "becoming sound in Judgement to take care of the property", and thus a child's Nikaah is impossible while a child does not have the sound judgement to take care of his/her property. | |||
Contrary to these modern opinions, the traditional view of Muslim 'ulamaa' of the last 1400 years was that word "Nikaah" had been used in it's literal meaning here (i.e. reaching the age where they are able to do the sexual intercourse). For futher discussion, see [[Child Marriage in Islamic Law]]. Islamqa.com, one of the largest Fatwa sites on the internet argues for the traditonal view on the verse: | |||
{{quote|https://islamqa.info/ar/answers/256830/ليس-للنكاح-سن-معين-وبيان-المراد-بقوله-تعالى-حتى-اذا-بلغوا-النكاح|This verse explains that an orphan’s money is given to him/her after they reach puberty and attain sound judgement. What’s meant by sound judgment is sound management of money. This can only happen after puberty. | |||
“Reaching Nikah” mentioned in the verse means reaching puberty which can be known through signs such as menstruation for females and the growth of pubic hair. The verse used the expression “reaching Nikah” to actually mean “reaching puberty” because in most cases, it’s adults who perform Nikah. But this doesn’t mean that it’s not possible for non-adults to perform Nikah, which is permissible as proven by the Quran, Sunnah and the consensus of scholars. Plus, the same Surah and the same context of verses proves it (the permissibility of child marriage). (The verse that speaks about giving an orphan his money when he/she reaches Nikah is verse no.6) Verse no.3 says: “And if you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one or (the captives and the slaves) that your right hands possess. ”. | |||
This verse proves it’s allowed to marry an orphan. And an orphan cannot be an adult. It’s reported in Sahih Bukhari Hadith no. 2494: | |||
“Narrated Urwah that he asked `Aisha regarding the Verse: 'If you fear that you shall not be able to deal justly with the orphan girls, marry (other) women of your choice.' (4.3) `Aisha said, "It is about an orphan girl under the custody of her guardian who being attracted by her wealth and beauty wants to marry her with Mahr less than other women of her status. So such guardians were forbidden to marry them unless they treat them justly by giving them their full Mahr. Then the people sought the verdict of Allah's Apostle for such cases, whereupon Allah revealed: 'They ask your instruction concerning women..' (4.127) ” | |||
[[https://sunnah.com/bukhari:6965]] | |||
Ibn Hajar (d.1449 AD) commented on this Hadith saying: “This shows it’s allowed to marry orphans who haven’t reached puberty. Because after puberty they can’t be called orphans.” | |||
}} | |||
It | Some point out that hadiths seem incompatible with the claim that the age of marriage is linked to reaching sound judgment. At the age of 9, when 'Aisha finally came to the house of Muhammad for the consummation of marriage, still she was not mentally sound enough to look after any property or business. It is evident from the following hadith: | ||
{{Quote|{{Bukhari|||6130|darussalam}}|Narrated `Aisha: | |||
I used to play with the dolls in the presence of the Prophet, and my girl friends also used to play with me. When Allah's Messenger (ﷺ) used to enter (my dwelling place) they used to hide themselves, but the Prophet would call them to join and play with me.}} | |||
According to the schools of Islamic jurisprudence: | |||
*Most agreed that when a girl reaches puberty, then she herself gets the right to give her consent for a proposed marriage, or to deny the marriage. | |||
*However, the schools of jurisprudence were unanimous that if she is a minor (prepubescent girl), then her father/guardian could wed her to anyone even without her consent<ref>[https://islamqa.info/en/answers/12708/is-it-acceptable-to-marry-a-girl-who-has-not-yet-started-her-menses The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. Fatwa Website Islam Q&A.]</ref>. | |||
*Some schools held that even post-pubescent girls could be compelled to marry by their fathers if they were virgins. | |||
*According to the Hanafi school, if she is a prepubescent and also an orphan, then her guardian has the right to contract her in marriage. | |||
Hanafis took the latter view based on their interpretation of {{Quran|4|3}} and {{Quran|4|127}} combined with their assumption that the term orphan was not applied to girls over the age of puberty: | |||
{{Quote|{{Quran|4|127}}|You also read them (the guardians) in the Book concerning orphaned women (in your charge) '''to whom you deny their ordained rights and yet wish to take them in marriage''', as well as in respect of helpless children, that you should be just in the matter of orphans." The good you do is known to God.}} | |||
For more detail see also the articles [[Forced Marriage]] and [[Child Marriage in Islamic Law]]. | |||
The following hadith concerns guardians who wish to wed orphans in their care: | |||
{{Quote|{{Bukhari|||5064|darussalam}}|Narrated 'Urwa: | {{Quote|{{Bukhari|||5064|darussalam}}|Narrated 'Urwa: | ||
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that he asked `Aisha about the Statement of Allah: 'If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice, two or three or four; but if you fear that you shall not be able to deal justly (with them), then only one, or (the captives) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! '''(This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr''', and they are ordered to marry other women instead of them."}} | that he asked `Aisha about the Statement of Allah: 'If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice, two or three or four; but if you fear that you shall not be able to deal justly (with them), then only one, or (the captives) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! '''(This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr''', and they are ordered to marry other women instead of them."}} | ||
On the above basis a prepubescent girl is practically at the mercy of her guardian, and he could marry her to himself, even without her consent, and even for very little Mahr price. | |||
The Tafsir's give the following understanding of a related verse, {{Quran|4|6}}: | |||
{{quote|1=[http://tafsir.com/default.asp?sid=4&tid=10463 Giving Back the Property of the Orphans When They Reach Adulthood (Qur'an 4:6)]<BR>Tafsir Ibn Kathir|2= | {{quote|1=[http://tafsir.com/default.asp?sid=4&tid=10463 Giving Back the Property of the Orphans When They Reach Adulthood (Qur'an 4:6)]<BR>Tafsir Ibn Kathir|2= | ||
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===The Arabic word “Nisaa'” does not refer to young females=== | ===The Arabic word “Nisaa'” does not refer to young females=== | ||
Some defenders of the Qur'an, speaking in English, claim that the Qur'an only uses the word ''Nisaa''' to refer to mature, adult women, therefore 65:4 cannot be talking about pre-pubescent females.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = Kaleef K. Karim| work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = that the Arabic word ‘Nisa’ could also refer to ‘female children’. Let us take a look in Arabic-English dictionaries. The Arabic word ‘Nisa’ has been used 59 times in the Quran. Not once has the word ‘Nisa’ been used for a ‘child(ren)’, it has always referred to mature adult women. Dr. Rohi Baalbaki, says in Al-Mawrid: A modern Arabic-English Dictionary:}}</ref> | Some defenders of the Qur'an, speaking in English, claim that the Qur'an only uses the word ''Nisaa''' to refer to mature, adult women, therefore 65:4 cannot be talking about pre-pubescent females.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = Kaleef K. Karim| work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = that the Arabic word ‘Nisa’ could also refer to ‘female children’. Let us take a look in Arabic-English dictionaries. The Arabic word ‘Nisa’ has been used 59 times in the Quran. Not once has the word ‘Nisa’ been used for a ‘child(ren)’, it has always referred to mature adult women. Dr. Rohi Baalbaki, says in Al-Mawrid: A modern Arabic-English Dictionary:}}</ref> | ||
Critics argue that this linguistic argument does not hold water, even just on the basis of the Qur'an itself as a text. The word merely means "women/females" and can refer to mixed groups of women of various ages, as the English "female" or "women." Here are some verses that use the word ''"nisaa'"'': | |||
{{Quote|{{Quran|2|49}}|وَإِذْ نَجَّيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ يُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ | {{Quote|{{Quran|2|49}}|وَإِذْ نَجَّيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ يُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ | ||
'''Transliteration:''' ''Waith najjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuthabbihoona abnaakum wayastahyoona ''' | '''Transliteration:''' ''Waith najjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuthabbihoona abnaakum wayastahyoona '''Nisaa''''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR> | ||
'''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:''' 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.}} | ||
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{{Quote|{{Quran|7|127}}|وَقَالَ ٱلْمَلَأُ مِن قَوْمِ فِرْعَوْنَ أَتَذَرُ مُوسَىٰ وَقَوْمَهُۥ لِيُفْسِدُوا۟ فِى ٱلْأَرْضِ وَيَذَرَكَ وَءَالِهَتَكَ ۚ قَالَ سَنُقَتِّلُ أَبْنَآءَهُمْ وَنَسْتَحْىِۦ نِسَآءَهُمْ وَإِنَّا فَوْقَهُمْ قَٰهِرُونَ | {{Quote|{{Quran|7|127}}|وَقَالَ ٱلْمَلَأُ مِن قَوْمِ فِرْعَوْنَ أَتَذَرُ مُوسَىٰ وَقَوْمَهُۥ لِيُفْسِدُوا۟ فِى ٱلْأَرْضِ وَيَذَرَكَ وَءَالِهَتَكَ ۚ قَالَ سَنُقَتِّلُ أَبْنَآءَهُمْ وَنَسْتَحْىِۦ نِسَآءَهُمْ وَإِنَّا فَوْقَهُمْ قَٰهِرُونَ | ||
'''Transliteration:''' ''Waqala almalao min qawmi firawna atatharu moosa waqawmahu liyufsidoo fee alardi wayatharaka waalihataka qala sanuqattilu abnaahum wanastahyee ''' | '''Transliteration:''' ''Waqala almalao min qawmi firawna atatharu moosa waqawmahu liyufsidoo fee alardi wayatharaka waalihataka qala sanuqattilu abnaahum wanastahyee '''Nisaa''''ahum wainna fawqahum qahiroona'' <BR><BR> | ||
'''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:''' 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."}} | ||
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{{Quote|{{Quran|7|141}}|وَإِذْ أَنجَيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ ۖ يُقَتِّلُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ | {{Quote|{{Quran|7|141}}|وَإِذْ أَنجَيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ ۖ يُقَتِّلُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ | ||
'''Transliteration:''' ''Waith anjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuqattiloona abnaakum wayastahyoona ''' | '''Transliteration:''' ''Waith anjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuqattiloona abnaakum wayastahyoona '''Nisaa''''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR> | ||
'''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:''' 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.}} | ||
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{{Quote|{{Quran|14|6}}|وَإِذْ قَالَ مُوسَىٰ لِقَوْمِهِ ٱذْكُرُوا۟ نِعْمَةَ ٱللَّهِ عَلَيْكُمْ إِذْ أَنجَىٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ وَيُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ | {{Quote|{{Quran|14|6}}|وَإِذْ قَالَ مُوسَىٰ لِقَوْمِهِ ٱذْكُرُوا۟ نِعْمَةَ ٱللَّهِ عَلَيْكُمْ إِذْ أَنجَىٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ وَيُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ | ||
'''Transliteration:''' ''Waith qala moosa liqawmihi othkuroo niAAmata Allahi AAalaykum ith anjakum min ali firawna yasoomoonakum sooa alAAathabi wayuthabbihoona abnaakum wayastahyoona ''' | '''Transliteration:''' ''Waith qala moosa liqawmihi othkuroo niAAmata Allahi AAalaykum ith anjakum min ali firawna yasoomoonakum sooa alAAathabi wayuthabbihoona abnaakum wayastahyoona '''Nisaa''''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR> | ||
'''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:''' 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.}} | ||
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{{Quote|{{Quran|40|25}}|فَلَمَّا جَآءَهُم بِٱلْحَقِّ مِنْ عِندِنَا قَالُوا۟ ٱقْتُلُوٓا۟ أَبْنَآءَ ٱلَّذِينَ ءَامَنُوا۟ مَعَهُۥ وَٱسْتَحْيُوا۟ نِسَآءَهُمْ ۚ وَمَا كَيْدُ ٱلْكَٰفِرِينَ إِلَّا فِى ضَلَٰلٍ | {{Quote|{{Quran|40|25}}|فَلَمَّا جَآءَهُم بِٱلْحَقِّ مِنْ عِندِنَا قَالُوا۟ ٱقْتُلُوٓا۟ أَبْنَآءَ ٱلَّذِينَ ءَامَنُوا۟ مَعَهُۥ وَٱسْتَحْيُوا۟ نِسَآءَهُمْ ۚ وَمَا كَيْدُ ٱلْكَٰفِرِينَ إِلَّا فِى ضَلَٰلٍ | ||
'''Transliteration:''' ''Falamma jaahum bialhaqqi min AAindina qaloo oqtuloo abnaa allatheena amanoo maAAahu waistahyoo ''' | '''Transliteration:''' ''Falamma jaahum bialhaqqi min AAindina qaloo oqtuloo abnaa allatheena amanoo maAAahu waistahyoo '''Nisaa''''ahum wama kaydu alkafireena illa fee dalalin''<BR><BR> | ||
'''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)!...}} | '''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)!...}} | ||
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''And Pharaoh charged all his people, saying: ‘Every son that is born ye shall cast into the river, and every daughter ye shall save alive.''}} | ''And Pharaoh charged all his people, saying: ‘Every son that is born ye shall cast into the river, and every daughter ye shall save alive.''}} | ||
Moreover the Quran | The word used for daughter in Hebrew here is "bat" בַּ֥ת which is cognate with the Arabic bint/ibnah بنت/إبتة also meaning "daughter" in that language. | ||
Moreover, the Quran used the expression “Nisaa’ orphans” to mean “female orphans”. Orphans cannot be adults which means non-adults can be included in the word Nisaa’. | |||
{{Quote|{{Quran|4|127}}|{{right| | {{Quote|{{Quran|4|127}}|{{right| | ||
ويستفتونك في النساء قل الله يفتيكم فيهن ومايتلى عليكم في الكتاب في يتامى النساء اللاتي لاتؤتونهن ماكتب لهن وترغبون ان تنكحوهن والمستضعفين من الولدان وان تقوموا لليتامى بالقسط وماتفعلوا من خير فان الله كان به عليما }} | ويستفتونك في النساء قل الله يفتيكم فيهن ومايتلى عليكم في الكتاب في يتامى النساء اللاتي لاتؤتونهن ماكتب لهن وترغبون ان تنكحوهن والمستضعفين من الولدان وان تقوموا لليتامى بالقسط وماتفعلوا من خير فان الله كان به عليما }} | ||
''' | '''Pickthaal:''' ''They consult thee concerning women. Say: Allah giveth you decree concerning them, and the Scripture which hath been recited unto you (giveth decree), concerning female orphans and those unto whom ye give not that which is ordained for them though ye desire to marry them, and (concerning) the weak among children, and that ye should deal justly with orphans. Whatever good ye do, lo! Allah is ever Aware of it.'' | ||
}} | |||
<br /> | |||
===65.4 talks only of the 'Iddah and not of sexual activity=== | |||
One point of focus for modern commentators, seeking to defend the Qur'an from the charge of endorsing pedophilia, is that 65:4 does not explicitly 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.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = | work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = }}</ref> | |||
Critics point out that the 'iddah (prescribed waiting period) for females is required after a divorce or widowing ({{Quran|2|228}), so that a child's father can be correctly identified. In addition to multiple tafsir and hadith traditions on 65:4, this is also established in Qur'an 33:49: | |||
<br /> | <br /> | ||
{{Quote|Quran|33|49 | {{Quote|{{Quran|33|49}}| | ||
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَٰتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا | يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَٰتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا | ||
O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release. | O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}} | ||
}} | |||
The tafsirs further expound on the meaning of the 'iddah according to this verse: | The tafsirs further expound on the meaning of the 'iddah according to this verse: | ||
{{Quote|1=[http:// | {{Quote|1=[http://m.qtafsir.com/Surah-Al-Ahzab/A-Gift-and-no-Iddah-for-Wome--- A Gift and no (Iddah) for Women Who are divorced before Consummation of the Marriage (Qur'an 33:49)]<BR>Tafsir Ibn Kathir|2= {{right| | ||
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)}} | (يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)}} | ||
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(There is no sin on you, if you divorce women while yet you have not touched them, nor fixed unto them their due (dowery). But bestow on them gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.) (2:236) pIn Sahih Al-Bukhari, it was recorded that Sahl bin Sa`d and Abu Usayd, may Allah be pleased with them both, said, "The Messenger of Allah married Umaymah bint Sharahil, and when she entered upon him he reached out his hand towards her, and it was as if she did not like that, so he told Abu Usayd to give her two garments.'' `Ali bin Abi Talhah reported that Ibn `Abbas, may Allah be pleased with him, said "If the dowery had been named, she would not be entitled to more than half, but if the dowery is not been named, he should give her a gift according to his means, and this is the "handsome manner.''}} | (There is no sin on you, if you divorce women while yet you have not touched them, nor fixed unto them their due (dowery). But bestow on them gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.) (2:236) pIn Sahih Al-Bukhari, it was recorded that Sahl bin Sa`d and Abu Usayd, may Allah be pleased with them both, said, "The Messenger of Allah married Umaymah bint Sharahil, and when she entered upon him he reached out his hand towards her, and it was as if she did not like that, so he told Abu Usayd to give her two garments.'' `Ali bin Abi Talhah reported that Ibn `Abbas, may Allah be pleased with him, said "If the dowery had been named, she would not be entitled to more than half, but if the dowery is not been named, he should give her a gift according to his means, and this is the "handsome manner.''}} | ||
{{Quote|1=[ | {{Quote|1=[https://www.altafsir.com/tafasir.asp?tmadhno=0&ttafsirno=74&tsorano=33&tayahno=49&tdisplay=yes&userprofile=0&languageid=2 (Qur'an 33:49)]<BR>Tafsir al-Jalalayn|2= {{right| | ||
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً) | (يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً) | ||
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O you who believe if you marry believing women and then divorce them before you have touched them (read tamassūhunna or tumāsūhunna) that is, before you have copulated with them, there shall be no [waiting] period for you to reckon against them, [no] waiting period [needed to preclude pregnancy] or otherwise. But provide for them, give them what they can use for [securing] comforts, in cases where no dowry has been fixed for them; otherwise theirs is to retain half of what was fixed, but no more — this is what Ibn ‘Abbās said and it is [the opinion] followed by al-Shāfi‘ī’; and release them in a gracious manner, leave them be without [the intention to cause them any] harm.}} | O you who believe if you marry believing women and then divorce them before you have touched them (read tamassūhunna or tumāsūhunna) that is, before you have copulated with them, there shall be no [waiting] period for you to reckon against them, [no] waiting period [needed to preclude pregnancy] or otherwise. But provide for them, give them what they can use for [securing] comforts, in cases where no dowry has been fixed for them; otherwise theirs is to retain half of what was fixed, but no more — this is what Ibn ‘Abbās said and it is [the opinion] followed by al-Shāfi‘ī’; and release them in a gracious manner, leave them be without [the intention to cause them any] harm.}} | ||
{{Quote|1=[ | {{Quote|1=[https://www.altafsir.com/tafasir.asp?tmadhno=0&ttafsirno=73&tsorano=33&tayahno=49&tdisplay=yes&userprofile=0&languageid=2 Qur'an 33:49]<BR>Tafsir 'Ibn Abbas|2= {{right| | ||
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً) | (يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً) | ||
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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 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=== | ===This verse is only talking about adult women who don't know if they are pregnant or whose menstruation is interrupted by illness=== | ||
The very reason 65:4 was revealed in the first place, was as a clarification to an existing | The very reason 65:4 was revealed in the first place, was as a clarification to an existing verse. The Quran had already stated 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: | ||
{{quote|{{Quran|2|228}}|'''And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs''', if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and Allah is Mighty, Wise. }} | {{quote|{{Quran|2|228}}|'''And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs''', if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and Allah is Mighty, Wise. }} | ||
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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. | 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. | ||
Critics point out that those 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 pre-menopausal are told in Qur'an 2:228 that they must wait 3 menstrual cycles, leaving the apologetic interpretation without a clear rationale. | |||
===This verse is applied to unconsummated widows=== | ===This verse is applied to unconsummated widows=== | ||
Another claim is that Qur'an 65 | 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. | ||
Critics counter that 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: | |||
{{Quote|{{Quran|2|234}}|And (as for) those of you who die and leave wives behind, they should keep themselves in waiting for four months and ten days; then when they have fully attained their term, there is no blame on you for what they do for themselves in a lawful manner; and Allah is aware of what you do.}} | {{Quote|{{Quran|2|234}}|And (as for) those of you who die and leave wives behind, they should keep themselves in waiting for four months and ten days; then when they have fully attained their term, there is no blame on you for what they do for themselves in a lawful manner; and Allah is aware of what you do.}} | ||
Since the 'Iddah specified in Qur'an 65.4 is for a different amount of time, this situation would not seem to be the subject of 65:4. | |||
<br /> | <br /> | ||
==See Also== | ==See Also== | ||
*[[Child Marriage in Islamic Law]] | |||
*[[Forced Marriage]] | |||
*[[Child Marriage in the Muslim World]] | *[[Child Marriage in the Muslim World]] | ||
==External Links== | ==External Links== | ||
*[http://www.answering-islam.org/Quran/Versions/065.004.html Marriage to Minors: Surah At-Talaq (65:4)] - ''Answering Islam'' | *[http://www.answering-islam.org/Quran/Versions/065.004.html Marriage to Minors: Surah At-Talaq (65:4)] - ''Answering Islam'' | ||
*[https://www.youtube.com/watch?v=mI5K3SnOjoo Does the Quran Promote Pedophilia? Mohammed Hijab Says "Yes!"] - ''David Wood'' | |||
{{Translation-links-english|[[Pedophilie_dans_le_Coran|French]]}} | |||
*[ | |||
==References== | ==References== | ||