From WikiIslam
The following verse allows sex with pre-pubescent girls who have not yet menstruated.
Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, and for those who have no courses (it is the same): for those who carry (life within their wombs), their period is until they deliver their burdens: and for those who fear Allah, He will make their path easy.
Quotes from Imam Bukhari in his book of Tafsir and hadith collections, regarding verse 65:4.
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.
Bukhari CCCLXXXIV - The Tafsir of Surat at-Talaq
Giving one’s young children in marriage (is permissible) by virtue of the Statement of Allah: ‘And for those who have courses’ (i.e. they are still immature) (Sura 65:4) And the ‘Iddat [waiting period for a woman before lawful sexual intercourse]
for the girl before puberty is three months (in the above Verse).
Bukhari (Chapter 39)
Narrated Sahl bin Sad:
While we were sitting in the company of the Prophet a woman came to him and presented herself (for marriage) to him. The Prophet looked at her, lowering his eyes and raising them, but did not give a reply. One of his companions said, "Marry her to me O Allah's Apostle!" The Prophet asked (him), "Have you got anything?" He said, "I have got nothing." The Prophet said, "Not even an iron ring?" He Sad, "Not even an iron ring, but I will tear my garment into two halves and give her one half and keep the other half." The Prophet; said, "No. Do you know some of the Quran (by heart)?" He said, "Yes." The Prophet said, "Go, I have agreed to marry her to you with what you know of the Qur'an (as her Mahr)." '
And for those who have no courses (i.e. they are still immature). (65.4) And the 'Iddat for the girl before puberty is three months (in the above Verse).
The following is a Sahih hadith explaining verse 65:4 by Muhammad himself.
واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ ) أي فدل على أن نكاحها قبل البلوغ جائز
"and those who never had menses, their prescribed period is three months before puberty, which indicates that giving her into marriage before puberty is permissible."
The following hadith shows its permissable to marry girls who have not reached puberty.
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."
Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies."
Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.
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."
Muhammad consummated his marriage with the 9 year old Aisha, while she remained pre-pubescent. For further quotes on Aisha, please click here.
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).
Umar the 3rd caliph married Umm Kulthum at a time when she was 10-12 years old. Some sources say she was five years old.
"'Umar asked 'Ali for the hand of his daughter, Umm Kulthum in marriage. 'Ali replied that
she has not yet attained the age (of maturity). 'Umar replied, 'By Allah, this is not true. You do not want her to marry me. If she is underage, send her to me'. Thus 'Ali gave his daughter Umm Kulthum a dress and asked her to go to 'Umar and tell him that her father wants to know what this dress is for. When she came to Umar and gave him the message, he grabbed her hand and forcibly pulled her towards him. 'Umm Kulthum asked him to leave her hand, which Umar did and said, 'You are a very mannered lady with great morals. Go and tell your father that you are very pretty and you are not what he said of you'. With that 'Ali married Umm Kulthum to 'Umar."
In Tarikh Khamees, Volume 2, p. 384 ('Dhikr Umm Kalthum') and Zakhair Al-Aqba, p. 168
Tafsir's on verse 65:4.
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.
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.
Shaykh Muhammad ibn ‘Uthaymeen Quran. 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.
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.
(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.
(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”.
The interpretation of the verse "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". He said: The same applies to the 'idaah for girls who do not menstruate because they are too young, if their husbands divorce them after consummating the marriage with them. Tafsir Al-Tabari, 14/142
It is incorrect to say that it's not permitted to marry off girls who are 15 and younger. A girl aged 10 or 12 can be married. Those who think she's too young are wrong and they are being unfair to her.
We hear a lot in the media about the marriage of underage girls. We should know that Shariah law has not brought injustice to women.
[1] Sheikh Abdul Aziz Al-Sheikh - Grand Mufti of Saudi Arabia
Our mothers and before them our grandmothers married when they were barely 12. Good upbringing makes a girl ready to perform all marital duties at that age.
[2] Sheikh Abdul Aziz Al-Sheikh - Grand Mufti of Saudi Arabia
A nine-year-old girl has the same sexual capacities like a woman of twenty and over.
[3] Skeikh Mohamed Ibn Abderrahmane Al-Maghraoui
Getting married at an early age is something that is confirmed by the book of Allah, the Sunnah of his Prophet (Sallallahu Alaihi wa Sallam), the consensus of the scholars and the actions of the companions, and the Muslims who came after them...
There are many Ahadith which confirm that marriage at an early age was widespread among the companions and no one denied its permissibility. Getting married at an early age was not peculiar to the Prophet (Sallallahu Alaihi wa Sallam) as some people think, but it was general for him and for his Ummah.
The following are some of the actions of the Sahaba (companions):
1. Ali Ibn Abi Talib, may Allah be pleased with him, married his daughter, Um Kulthum to Omar Ibn Al-Khattab, may Allah be pleased with him, and she mothered a child before the death of the Prophet (Sallallahu Alaihi wa Sallam). Omar got married to her while she was young before reaching the age of puberty. This is reported by Ibn Saad in 'Al-Tabaqat'.
2. From Urwa Ibn Zubair: that Zubair, may Allah be pleased with him, married his daughter when she was very young. Reported by Saeed Ibn Mansour, in his Sunnah, and Ibn Abi Shaibah, in Al-musannaf, with a Sahih chain of narration.
Al-Shafie said in the book of Al-Um: "Many companions of the Prophet (Sallallahu Alaihi wa Sallam) married their daughters while these were still young."
Delaying the marriage of girls in many Muslim countries is something new and contradictory to what Muslims used to do over many centuries. This is because of westernization and the application of man-made laws. This caused a change in understandings and customs within a considerable number of the population, and it is absolutely not permissible to consider the customs and traditions in a given country as the standard by which people abide, and fail to obey the absolute evidences of Shariah.
In some Muslim countries, the marriage for girls has been delayed by many years beyond the age of puberty. This has indeed led to an increase in the removal of the veil from the face, and increased fornication and adultery, as well as the emergence of deviation in conduct and religion among the youth. They had become morally unstable as they lack affection, chastity, and protection their private parts from illegal sexual relations.
By delaying marriage, there is also a reduction in the number of Muslims in the Ummah, and this is contrary to the order of the Prophet (Sallallahu Alaihi wa Sallam), as he ordered us to have many children so that the Muslim nation will be greater in number than the previous nations.
A man can marry a girl younger than nine years of age, even if the girl is still a baby being breastfed. A man, however is prohibited from having intercourse with a girl younger than nine, other sexual acts such as foreplay, rubbing, kissing and sodomy is allowed. A man having intercourse with a girl younger than nine years of age has not committed a crime, but only an infraction, if the girl is not permanently damaged. If the girl, however, is permanently damaged, the man must provide for her all her life. But this girl will not count as one of the man's four permanent wives. He also is not permitted to marry the girl's sister.
[4] The late Ayatollah Khomeini of Iran, Supreme Leader of the Islamic Revolution
The marriage of nine-year-old girls is not forbidden because according to the Hadith (the Prophet Mohammed's sayings), Mohammed married Aisha when she was only seven-years-old and he consummated his union when she was nine.
[5] Sheikh Mohamed Ben Abderrahman Al-Maghraoui
According to the Shari'ah, if a girl is a minor (did not attain puberty), she may be given in marriage by her father. When she attains puberty, she has the right to maintain the marriage or discontinue the marriage. There is no age limit to be intimate with one's wife even if she is a minor.
Child marriage in Islam is permissible. In the Koran there is no specific age of marriage.
[6] Imam Sani, a Nigerian cleric
...it is permitted to contract marriage with a young girl and to hand her over to her husband to stay with him before she reaches adolescence.
You can have a marriage contract even with a 1-year-old girl, not to mention a girl of 9, 7 or 8. But is the girl ready for sex or not? What is the appropriate age for sex for the first time? This varies according to environment and tradition.
[7] Dr. Ahmad al-Mu’bi, Saudi marriage officiant
Everything that is not forbidden is permitted. [The new law in Yemen that set the minimum marriage age at 17] is a Western plot aimed at Westernizing our culture. The West wants to teach us how to marry, conceive and divorce. This is cultural colonization that we reject.
[8] Sheik Mohammed al-Hazmi, a legislator in Yemen, 2009
Because this happened to the Prophet, we cannot tell people that it is prohibited to marry at an early age.
[9] Sheikh Hamoud Hashim al-Tharihi, general secretary of the Vice and Virtue Committee and member of the Islah Party in Yemen
[edit] References
- ↑ Top Saudi cleric: OK for young girls to wed - CNN, January 17, 2009
- ↑ Child marriage case showcases deep splits in Saudi society - Carlyle Murphy - GlobalPost, April 16, 2009
- ↑ FATWA IN FAVOUR OF 9-YEAR-OLD GIRL MARRIAGE,POLEMICS - ANSAmed, September 8, 2008
- ↑ Ayatollah Khomeini's Religious Teachings on Marriage, Divorce and Relationships - Parvin Darabi - Dr. Homa Darabi Foundation
- ↑ Moroccan theologian: Muslim girls can wed at nine - Middle East Online, September 15, 2008
- ↑ Child Marriage in the Islamic World - Robert Spencer - FrontPage Magazine, September 18, 2009
- ↑ Interview on LBC-TV - Saudi Marriage Official Says 1-Year-Old Brides OK - Fox News, June 2, 2008
- ↑ Islamists Fight Yemen Law Banning Child Marriage - Fox News, April 16, 2009
- ↑ Child marriage and divorce in Yemen - Jenny Cuff - BBC, November 6, 2008