Child Marriage in Islamic Law: Difference between revisions

Child marriage has been part of Islamic law since its formative period, though Muslims today are commonly unaware of the fact and reformists oppose it. The major schools of Islamic jurisprudence were in agreement that a pre-pubescent child could be contracted in marriage by his or her father [[Forced Marriage|and without consent]]. They based this view variously on [[Muhammad]]'s marriage to [[Aisha]], the example of his [[Sahabah|companions]], and the Quran (particularly {{Quran|65|4}}). The Maliki and Shafi'i schools even allowed a father to forcibly contract his daughter in marriage who had already reached puberty if she was still a virgin, despite hadith evidence indicating otherwise. The family were to hand over the betrothed wife for consummation of the marriage when they determined that the girl was now able to endure intercourse without physical harm rather than this being tied to any particular age (though Ibn Hanbal specified the age of nine due to the example of Aisha's marital consummation with Muhammad).  

 

Some Quranic commentators interpreted the Quran such that only females who had reached puberty can be contracted in marriage, though most thought that marriage of minors was permitted. The Byzantines around this time allowed girls to be married from the age of thirteen and the Persian Sassinids allowed marital consummation from the age of twelve.

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 (though sometimes support) from Islamic scholars. Many Muslim campaign groups and charities have been involved in this reform 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).

{{Main|Child Marriage and Muhammad's Companions|She's too young}}Due to the commonplace nature of child marriage in the 7th century (both inside and outside of Arabia), many of [[Sahabah|Muhammad's companions (sahabah)]] also engaged in child marriage. Most notable among these were [[Umar ibn Al-Khattab|Umar b. al-Khattab]] (the second [[Rashidun Caliphs|"rightly guided caliph]]"), who married Umm Kulthum when she was between 10-12 (although some sources report she was just 5<ref>"'Umar asked 'Ali for the hand of his daughter, Umm Kulthum in marriage. 'Ali replied that <nowiki>'''</nowiki>she has not yet attained the age (of maturity)<nowiki>'''</nowiki>. '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." Tarikh Khamees, Volume 2, p. 384 ('Dhikr Umm Kalthum') and Zakhair Al-Aqba, p. 168</ref>), and [[Ali ibn Abi Talib|Ali b. Abi Talib]] (Muhammad's cousin and the fourth "rightly guided caliph"), who [[She's too young|married Fatima]] (Muhammad's daughter) at the age of 9. Even Muhammad's future wife Hafsah's first marriage had already happened by the age of 10, when she joined her first husband on the emigration from Mecca to Abyssinia.<ref>"Most accounts claim that the young Ḥafṣah was already a widow at the time of her marriage to the Prophet. Her previous husband was Khunays b. Ḥudhāfah al-Sahmī, one of the earliest Meccan converts to Islam. Fleeing persecution in Mecca, Ḥafṣah emigrated to Abyssinia with Khunays ca. 617, when she was ten years of age, and they returned to the Hijaz after Muḥammad’s hijrah to Medina in 622."<BR />Sean Anthony and Catherine Bronson [https://www.academia.edu/15066116/ Did Ḥafṣah bint ʿUmar Edit the Qurʾan? A Response with Notes on the Codices of the Prophet’s Wives], Journal of the International Qurʾanic Studies Association 1 (2016), p. 97</ref>

Ibn Mundhir (d. 930 CE), a prominent jurist of the Shafi'i school, criticised the Hanbali use of the Aisha hadith (see below) and then sets out the Shafi'i view: