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Qur'an, Hadith and Scholars:Child Marriage: Difference between revisions
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Qur'an, Hadith and Scholars:Child Marriage (view source)
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====Tafsir==== | ====Tafsir==== | ||
Tafsirs on verse 65:4. | Tafsirs on verse 65:4.{{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} | ||
{{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.}} | 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|[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 | ||
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"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.}}{{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 |Shaykh Muhammad ibn ‘Uthaymeen, Majmoo’at As’ilah tahumm al-Usrah al-Muslimah, p. 61-63|Surah al-Talaaq 65:4: | {{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 Allaah 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>}} | If a woman does not menstruate, either because she is very young or old and past menopause, then her ‘iddah is three months, because Allaah 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>}} | ||
{{Quote|1=[ | {{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.}} | ||
{{ | {{Quote|1=[https://www.altafsir.com/tafasir.asp?tmadhno=0&ttafsirno=73&tsorano=65&tayahno=4&tdisplay=yes&userprofile=0&languageid=2 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=[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”.}}{{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 | ||
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In the following quote, 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. | 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.}}In the following quote, 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=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| | ||
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Quotes from Imam Bukhari's hadith collection, regarding verse 65:4. | Quotes from Imam Bukhari's hadith collection, regarding verse 65:4. | ||
{{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 at-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 'idda is three months'''.}} | ||
The following is from Bukhari's chapter introduction for chapter 39, Book an-Nikkah. It appears immediately before the first and only hadith of Chapter 39, {{Bukhari|7|62|64}} and can be seen in the Dar-us-Salam print edition, volume 7. | The following is from Bukhari's chapter introduction for chapter 39, Book an-Nikkah. It appears immediately before the first and only hadith of Chapter 39, {{Bukhari|7|62|64}} and can be seen in the Dar-us-Salam print edition, volume 7. | ||
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The following is from Fath al-Bari, the most authoritative commentary on Sahih Al-Bukhari. | The following is from Fath al-Bari, the most authoritative commentary on Sahih Al-Bukhari. | ||
{{Quote|1=[ | {{Quote|1=[https://www.islamweb.net/ar/library/index.php?page=bookcontents&ID=2847&idfrom=9381&idto=9382&flag=0&bk_no=52&ayano=0&surano=0&bookhad=0 Fath Al-Bari by Ibn Hajar]|2= واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ ) أي فدل على أن نكاحها قبل البلوغ جائز | ||