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Child Marriage in Islamic Law: Difference between revisions
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Child Marriage in Islamic Law (view source)
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{{Quote|{{Quran|65|4}}|And those who no longer expect menstruation among your women - if you doubt, then their period is three months, ''and [also for] those who have not menstruated.'' And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease.}} | {{Quote|{{Quran|65|4}}|And those who no longer expect menstruation among your women - if you doubt, then their period is three months, ''and [also for] those who have not menstruated.'' And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease.}} | ||
The most common reformist interpretation is that "those who have not menstruated" refers to women whose menstruation is disrupted through illness. Another is that it refers to women who have missed a period and may or may not be pregnant, though others note that this more typical scenario is the purpose of {{Quran|2|228}}. The Quranic rulings seem to be based on the 3 month waiting period for women and young girls debated in the Talmud.<ref>[https://www.sefaria.org/Yevamot.35a.2?lang=bi Yevamot 35a], though see also the opinion in [https://www.sefaria.org/Kiddushin.41a.9?lang=bi Tracate Kiddushin 41a], which allows a father to betroth his daughter when she is a young woman, but not when she is still a minor.</ref> | |||
At the same time, exegetes and jurists also considered {{Quran|4|6}}, which discusses the property of orphans who "reach [the age of] marriage" (balaghū l-nikāḥa). Some Muslim reformists today interpret this as setting pubescence as a minimum age for the marriage contract, though this was not the traditional interpretation (see below). | At the same time, exegetes and jurists also considered {{Quran|4|6}}, which discusses the property of orphans who "reach [the age of] marriage" (balaghū l-nikāḥa). Some Muslim reformists today interpret this as setting pubescence as a minimum age for the marriage contract, though this was not the traditional interpretation (see below). | ||