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Child Marriage in the Qur'an: Difference between revisions
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→This verse is only talking about adult women who don't know if they are pregnant
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That this verse was specifically intended to explain the three classes of women who had not menstruated yet is illustrated by this anecdote told by Maududi in his tafsir on this verse: | That this verse was specifically intended to explain the three classes of women who had not menstruated yet is illustrated by this anecdote told by Maududi in his tafsir on this verse: | ||
{{quote|https://quranx.com/Tafsir/Maududi/65.4| | |||
Imam Malik relates that a person Habban by name divorced his wife during the period when she was suckling her child. A year passed on it, but she did not have the menses. Then the man died. The divorced wife laid claim to inheritance. The case came before Hadrat `Uthman. He consulted with Hadrat 'AIi and Hadrat Zaid bin Thabit, and gave the decision that the woman was an heiress. The argument given was that the woman was neither of those women a who might have despaired of menstruation, nor of those girls who may not have menstruated yet: therefore, up till the husband's death she was on the menses she had discharged last, and had still to pass her waiting-period. | |||
The Hanafis say that the waiting-period of the woman, who no longer menstruates, which may not be on account of menopause so that there may be no hope of her having it later will either be reckoned from the menstruation if she has it in the future, or in accordance with the age at which women generally reach menopause, and after attaining that age she will pass three months of the waitingperiod in order to be released from the marriage bond. The same opinion is held by Imam Shafe'i. Imam Thauri and Imam Laith, and the same also is the view of Hadrat 'Umar Hadrat 'Uthman and Hadrat Zaid bin Thabit. | |||
Imam Malik has adopted the view of Hadrat 'Umar and Hadrat 'Abdullah bin 'Abbas and it is this: The woman will first pass nine months. If she does not have her menses during thin period, she will pass three months of the waiting-period like like the woman who has despaired of menstruation, Ibn al-Qasim explaining the viewpoint of Imam Malik says: The period of nine months will be reckoned from the day she became free from the previous menstrual discharge and not from the day divorce was pronounced on her. (All these have been taken from al-Jassas, Ahkam al-Qur'an and al-Kasani, Badai as-Sana`i)."}} | |||
This anecdote shows that the text here specifically excludes all mature women who had had at least one menstruation from the purview of this verse. This also shows how the fuquhaa' (Islamic jurists) had to deal with the case of women who had had one menstruation but them were medically incapable of having another, a case not covered in the Qur'an. | |||
===This verse is applied to unconsummated widows=== | ===This verse is applied to unconsummated widows=== | ||