Qur'an, Hadith and Scholars:Child Marriage: Difference between revisions

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{{QuranHadithScholarsIndex}}
{{QuranHadithScholarsIndex}}


The sira tradition is very explicit about the fact that Muhammad [[Aisha's Age|married Aisha when she was six, and consummated the marriage when she was nine.]] As Muhammad is [[Uswa Hasana|"al-insaan al-kaamil"]], this action of his has been taken by the scholars to be an example for all of mankind, and have thus decreed that such marriages are lawful for all believers. Both the Qur'an and the hadith contain regulations about when believers may have sex with underage wives who have not yet had their menses, furthor solidifying the halaal nature of the practice of consummating marriages with extremely young girls and older men.   
The hadith and sira tradition is very explicit about the fact that Muhammad [[Aisha's Age|married Aisha when she was six, and consummated the marriage when she was nine.]] As Muhammad is [[Uswa Hasana|"al-insaan al-kaamil"]]. This marriage was used by jurists of the Shafi'i and Hanbali schools in their discussions of compulsion of minors into marriage and the age of consummation, respectively (see [[Forced Marriage]] and [[Child Marriage in Islamic Law]]). Both the Qur'an and the hadiths have played an important role in legal and exegetical discussions on these topics, in particular Q. 65:4 which was generally understood to allude to divorced pre-pubescent wives. Though there was no minimum age for the marriage contract, Islamic law generally permitted a girl to live with her husband and consummate the marriage when she could tolerate intercourse without physical harm, which according to some jurists sometimes may be the case while she was still a minor.
 
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 Imam 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).
    
==Qur'an==
==Qur'an==


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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.tafsir.com/default.asp?sid=65&tid=54196 The `Iddah of Those in Menopause and Those Who do not have Menses (Qur'an 65:4)]<BR>Tafsir Ibn Kathir |2= 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 |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
}}
 
"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=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 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=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=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 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=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=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 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 |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
}}


{{Quote|Tafsir Al-Tabari, 14/142|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.'''}}
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.
 
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]|'''CCCLXXXIV: 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'''.}}
{{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=[http://hadith.al-islam.com/display/Display.asp?Doc=0&Rec=7644 Al-Islam.com (Arabic)]|2= واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ ) ‏ ‏أي فدل على أن نكاحها قبل البلوغ جائز  
{{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  




"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."}}
"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."}}


== In Islamic Law ==
Jurists struggled to reconcile their views on the right of a father to force his minor and / or virgin daughter into a marriage contract without her consent with the contents of the following hadith (which occurs in multiple similar versions):
 
{{Quote|{{Muslim|8|3307}}|Ibn Abbas (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying:
 
A woman who has been previously married (Thayyib) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent.}}
 
==In Islamic Law==
{{Main|Child Marriage in Islamic Law}}
The Encyclopedia of Unanimous Islamic Rulings says: “Scholars have unanimously agreed that it is permissible for a father to marry off his minor daughter without her consent.”
The Encyclopedia of Unanimous Islamic Rulings says: “Scholars have unanimously agreed that it is permissible for a father to marry off his minor daughter without her consent.”


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The majority of scholars say that age doesn’t matter. What matters is the ability. If she’s big and fat, can endure men and cannot fall ill from it (sex), then the husband can consummate his marriage even if she’s not nine years old yet. But if she’s thin and weak, and can’t endure intercourse, and can fall ill from it, then the husband isn’t allowed to consummate his marriage even if she’s old. This is the correct view.}}
The majority of scholars say that age doesn’t matter. What matters is the ability. If she’s big and fat, can endure men and cannot fall ill from it (sex), then the husband can consummate his marriage even if she’s not nine years old yet. But if she’s thin and weak, and can’t endure intercourse, and can fall ill from it, then the husband isn’t allowed to consummate his marriage even if she’s old. This is the correct view.}}


== Recent Fatawa ==
==Recent Fatawa==
A fatwa collection issued by the Ministry of Religious Endowments and Islamic Affairs in Kuwait, included the following fatwa:{{Quote|1=[http://www.fatawa.com/view/7436 Majmu'at Al-Fatawa Al-Shar'iyya, Fatwa no. 6058]|2={{right|  
A fatwa collection issued by the Ministry of Religious Endowments and Islamic Affairs in Kuwait, included the following fatwa (though this and similar isolated fatwas are out of step with the Islamic legal tradition - see [[Child Marriage in Islamic Law]]):{{Quote|1=[http://www.fatawa.com/view/7436 Majmu'at Al-Fatawa Al-Shar'iyya, Fatwa no. 6058]|2={{right|  
هل يصح عقد الزواج على الرضيعة ويجوز التمتع بها بالتقبيل وغيره -سوى الجماع- بما لا ‏يضرها؟
هل يصح عقد الزواج على الرضيعة ويجوز التمتع بها بالتقبيل وغيره -سوى الجماع- بما لا ‏يضرها؟


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{{Quote|1=[[:File:Bida alfawaid p603.jpg|Bada'i al-Fuwa'id of Ibn Qayyim, page 603]]|2="It was narrated by Ahmed that a man came to him that feared that he would ejaculate while he was fasting. Ahmed said: "What I see is that he can release semen without ruining the fast, he can masturbate using his hands or the hands of his wife, If he has an "Ammah" whether be it a girl or a little child, she can masturbate for him using her hands, and if she was a non-believer, he can sleep with her without releasing (his semen), if he released it in her, it becomes impermissible".}}
{{Quote|1=[[:File:Bida alfawaid p603.jpg|Bada'i al-Fuwa'id of Ibn Qayyim, page 603]]|2="It was narrated by Ahmed that a man came to him that feared that he would ejaculate while he was fasting. Ahmed said: "What I see is that he can release semen without ruining the fast, he can masturbate using his hands or the hands of his wife, If he has an "Ammah" whether be it a girl or a little child, she can masturbate for him using her hands, and if she was a non-believer, he can sleep with her without releasing (his semen), if he released it in her, it becomes impermissible".}}
{{Quote|Ibn ‘Abd al-Barr, Al-Istidhkaar, 16/49-50|The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. The Messenger of Allaah married ‘Aa’ishah bint Abi Bakr when she was young, six or seven years old, when her father married her to him.<ref>[http://www.islamqa.com/en/ref/12708 Is it acceptable to marry a girl who has not yet started her menses?] - Islam Q&A, Fatwa No. 12708</ref>}}


{{Quote|Grand Mufti of Saudi Arabia, Sheikh Abdul Aziz Al-Sheikh|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. <br><br>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.<ref>[http://www.cnn.com/2009/WORLD/meast/01/17/saudi.child.marriage/index.html?iref=newssearch Top Saudi cleric: OK for young girls to wed] - CNN, January 17, 2009</ref>}}
{{Quote|Grand Mufti of Saudi Arabia, Sheikh Abdul Aziz Al-Sheikh|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. <br><br>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.<ref>[http://www.cnn.com/2009/WORLD/meast/01/17/saudi.child.marriage/index.html?iref=newssearch Top Saudi cleric: OK for young girls to wed] - CNN, January 17, 2009</ref>}}
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{{Quote|Grand Mufti of Saudi Arabia, Sheikh Abdul Aziz Al-Sheikh|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.<ref>Carlyle Murphy - [http://www.globalpost.com/dispatch/saudi-arabia/090416/child-marriage-case-showcases-deep-splits-saudi-society Child marriage case showcases deep splits in Saudi society] - GlobalPost, April 16, 2009</ref>}}
{{Quote|Grand Mufti of Saudi Arabia, Sheikh Abdul Aziz Al-Sheikh|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.<ref>Carlyle Murphy - [http://www.globalpost.com/dispatch/saudi-arabia/090416/child-marriage-case-showcases-deep-splits-saudi-society Child marriage case showcases deep splits in Saudi society] - GlobalPost, April 16, 2009</ref>}}


{{Quote|Skeikh Mohamed Ibn Abderrahmane Al-Maghraoui|A nine-year-old girl has the same sexual capacities like a woman of twenty and over.<ref>[http://www.ansamed.info/en/news/[email protected] Fatwa in favour of 9-year-old girl marriage, Polemics] - ANSA''med'', September 8, 2008</ref>}}
{{Quote|Skeikh Mohamed Ibn Abderrahmane Al-Maghraoui|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.


{{Quote|Sheikh Mohamed Ben Abderrahman Al-Maghraoui|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.<ref>[http://www.middle-east-online.com/english/?id=27880 Moroccan theologian: Muslim girls can wed at nine] - Middle East Online, September 15, 2008</ref>}}
A nine-year-old girl has the same sexual capacities like a woman of twenty and over.<ref>[https://www.maghrawi.net/arch?sid=408 Fatwa in favour of 9-year-old girl marriage] - 2008</ref>}}


{{Quote|1=[http://web.archive.org/web/20080127161338/http://islam.tc/ask-imam/view.php?q=6737 I would like to marry a woman who is 12 years old, her father and she has also agreed. What is your advise?]<BR>Islamic Q & A Online with Mufti Ebrahim Desai, Ask-Imam, Question No. 6737|2=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.}}  
{{Quote|1=[http://web.archive.org/web/20080127161338/http://islam.tc/ask-imam/view.php?q=6737 I would like to marry a woman who is 12 years old, her father and she has also agreed. What is your advise?]<BR>Islamic Q & A Online with Mufti Ebrahim Desai, Ask-Imam, Question No. 6737|2=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.}}  
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{{Quote|1=[http://www.islamqa.com/en/ref/1493/pedophile Ruling on marrying young women]<BR>Sheikh Muhammed Salih Al-Munajjid, Islam Q&A, Fatwa No. 1493|2=...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.}}
{{Quote|1=[http://www.islamqa.com/en/ref/1493/pedophile Ruling on marrying young women]<BR>Sheikh Muhammed Salih Al-Munajjid, Islam Q&A, Fatwa No. 1493|2=...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.}}


{{Quote|Dr. Ahmad al-Mu’bi, Saudi marriage officiant|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.<ref>[http://www.foxnews.com/story/0,2933,371581,00.html?loomia_ow=t0:s0:a16:g12:r3:c0.243972:b25445430:z10 Saudi Marriage Official Says 1-Year-Old Brides OK] - Fox News, June 2, 2008</ref><ref>[http://www.memritv.org/clip/en/1798.htm LBC TV (Lebanon) - June 19, 2008 - 03:08] - MEMRI TV, Video Clip No. 1798</ref>}}
{{Quote|Dr. Ahmad al-Mu’bi, Saudi marriage officiant|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.<ref>https://www.foxnews.com/story/saudi-marriage-official-says-1-year-old-brides-ok Saudi Marriage Official Says 1-Year-Old Brides OK] - Fox News, June 2, 2008</ref><ref>[http://www.memritv.org/clip/en/1798.htm LBC TV (Lebanon) - June 19, 2008 - 03:08] - MEMRI TV, Video Clip No. 1798</ref>}}


{{Quote|Sheik Mohammed al-Hazmi, a legislator in Yemen, 2009|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.<ref>[http://www.foxnews.com/story/0,2933,516881,00.html Islamists Fight Yemen Law Banning Child Marriage] - Fox News, April 16, 2009</ref>}}
{{Quote|Sheik Mohammed al-Hazmi, a legislator in Yemen, 2009|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.<ref>[https://www.foxnews.com/story/islamists-fight-yemen-law-banning-child-marriage Islamists Fight Yemen Law Banning Child Marriage] - Fox News, April 16, 2009</ref>}}


{{Quote|1=Sheikh Hamoud Hashim al-Tharihi, general secretary of the Vice and Virtue Committee and member of the Islah Party in Yemen|2=Because this happened to the Prophet, we cannot tell people that it is prohibited to marry at an early age.<ref>[http://news.bbc.co.uk/2/hi/middle_east/7711554.stm Child marriage and divorce in Yemen] - Jenny Cuff - BBC, November 6, 2008</ref>}}
{{Quote|1=Sheikh Hamoud Hashim al-Tharihi, general secretary of the Vice and Virtue Committee and member of the Islah Party in Yemen|2=Because this happened to the Prophet, we cannot tell people that it is prohibited to marry at an early age.<ref>[http://news.bbc.co.uk/2/hi/middle_east/7711554.stm Child marriage and divorce in Yemen] - Jenny Cuff - BBC, November 6, 2008</ref>}}


{{Quote|1=[http://www.islamqa.com/en/ref/1493/pedophile Ruling on marrying young women]<BR>Sheikh Muhammed Salih Al-Munajjid, Islam Q&A, Fatwa No. 1493|2=...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.}}
{{Quote|1=[http://www.islamqa.com/en/ref/1493/pedophile Ruling on marrying young women]<BR>Sheikh Muhammed Salih Al-Munajjid, Islam Q&A, Fatwa No. 1493|2=...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.}}
{{Quote|Reliance of the Traveller: The Classic Manual of Islamic Sacred Law|m3.13 Guardians are of two types, those who may compel their female charges to marry someone, and those who may not.<BR><BR>
#The only guardians who may compel their charge to marry are a virgin bride's father or father's father, compel meaning to marry her to a suitable match (def: m4) without her consent.
#Those who may not compel her are not entitled to marry her to someone unless she accepts and gives her permission.
<BR>Whenever the bride is a virgin, the father or father's father may marry her to someone without her permission, though it is recommended to ask her permission '''if''' she has reached puberty. A virgin's silence is considered as permission.<ref>[http://web.archive.org/web/20020429172319/http://www.witness-pioneer.org/vil/Books/NHMK_RT/book_m.htm Reliance of the Traveller/Book M: Marriage] - (full text online)</ref>}}


{{Quote|Shaikh ibn Baz's answer on the Q & A site of the Muslim Students Organization of the University of Houston|...If she is married without her permission, by threat or coercion, then the marriage is not valid. The only exeption is in the case of the father and his daughter who is less than nine years of age. There is no harm if he gets her married while she is less than nine years old, according to the correct opinion. This is based on the messenger of Allah (peace be upon him) marrying Aisha without her consent when she was less than nine years old, as is stated in authentic Hadith...<ref>[http://web.archive.org/web/20040216151301/http://www.uh.edu/campus/msa/articles/fatawawom/marriage.html Questions Related to Marriage/ Is it allowed for a father to force his daughter to marry a specific man that she does not want to marry?] - Muslim Students Organization of the University of Houston</ref>}}
{{Quote|Shaikh ibn Baz's answer on the Q & A site of the Muslim Students Organization of the University of Houston|...If she is married without her permission, by threat or coercion, then the marriage is not valid. The only exeption is in the case of the father and his daughter who is less than nine years of age. There is no harm if he gets her married while she is less than nine years old, according to the correct opinion. This is based on the messenger of Allah (peace be upon him) marrying Aisha without her consent when she was less than nine years old, as is stated in authentic Hadith...<ref>[http://web.archive.org/web/20040216151301/http://www.uh.edu/campus/msa/articles/fatawawom/marriage.html Questions Related to Marriage/ Is it allowed for a father to force his daughter to marry a specific man that she does not want to marry?] - Muslim Students Organization of the University of Houston</ref>}}


{{Quote|Adil Salahi|Scholars have discussed at length the marriage of a young girl who has not attained puberty and whether her father may marry her away without her permission. If such a marriage takes place it is valid. However, it is '''perhaps''' best if the marriage is not allowed to be consummated until the girl attains puberty, when she is given the choice whether to continue with this marriage or not.<ref>Adil Salahi - [http://www.islamicvoice.com/august.98/marriage.htm#EAR Marriage  in Islam/Marriage at an early age] - Islamic Voice, Vol 12-08 No:140, August 1998</ref>}}
{{Quote|Mufti Fazlul Haque Amini|Banning child marriage will cause challenging the marriage of the holy prophet of Islam, who also married minor Ayesha, when she was just eight years old. The new law [seeking to ban child marriages] initiated by the current government [of Bangladesh] will put the moral character of the prophet into controversy and challenge. Islam permits child marriage and it will not be tolerated if any ruler will ever try to touch this issue in the name of giving more rights to women.<ref>[https://www.independentsentinel.com/horrors-of-child-marriage/?amp <!-- Backup link from Jihad Watch {{Reference archive|1=http://www.jihadwatch.org/2011/04/bangladesh-islamic-cleric-threatens-jihad-if-child-marriage-is-banned.html|2=2011-04-23}}  -->Islamist leader threatens of waging Jihad] - Weekly Blitz, April 20, 2011</ref>}}
 
{{Quote|Mufti Fazlul Haque Amini|Banning child marriage will cause challenging the marriage of the holy prophet of Islam, who also married minor Ayesha, when she was just eight years old. The new law [seeking to ban child marriages] initiated by the current government [of Bangladesh] will put the moral character of the prophet into controversy and challenge. Islam permits child marriage and it will not be tolerated if any ruler will ever try to touch this issue in the name of giving more rights to women.<ref>[http://www.weeklyblitz.net/1386/islamist-leader-threatens-of-waging-jihad <!-- Backup link from Jihad Watch {{Reference archive|1=http://www.jihadwatch.org/2011/04/bangladesh-islamic-cleric-threatens-jihad-if-child-marriage-is-banned.html|2=2011-04-23}}  -->Islamist leader threatens of waging Jihad] - Weekly Blitz, April 20, 2011</ref>}}


==See Also==
==See Also==
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[[Category:Human rights]]
[[Category:Human rights]]
[[Category:Fiqh (legal theory)]]
[[Category:Fiqh (legal theory)]]
[[ar:القرآن_والحديث_والعلماء:_زواج_الأطفال]]
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