Child Marriage in the Qur'an: Difference between revisions

The subject of child marriage per se never arises in the Qur'an. Yet scholars were more or less unanimous that the Qur'an deals indirectly with the topic. The Qur'an lays down strict rules for how long a woman must wait in between the end of one marriage and the beginning of another. The purpose of this in a pre-modern, patriarchal society was to ensure that a woman would not marry a new man while pregnant from her last husband and impute fathership of her baby to the wrong husband. Pursuant to these rules {{Quran|2|228}} stipulates a waiting period ([['Iddah|'Iddah]]) of 3 months after divorce, while {{Quran|33|49}} states that no waiting period is prescribed for a woman who has ''not'' had intimate contact with her husband. However, the Quran also clarifies a number of other scenarios in verse {{Quran|65|4}}, including that there is also a 3 month waiting period for "those who have not menstruated". This has been interpreted in the Muslim tradition to mean that the [[Qur'an]] supports marrying prepubescent girls. Jurists were unanimous that a father could contract his child in marriage at any age, while the family was to hand over the daughter to her husband for consummation when she could physically tolerate intercourse without physical harm (see [[Child Marriage in Islamic Law]]). Some Quran commentators and modernist Muslims mention opinions that {{Quran|65|4}} may refer rather to women whose menstruation has been interrupted (for example, due to illness) and interpret the Quran as sanctioning marriage only with those who have reached puberty.

The classical tafsirs are unanimous that {{Quran|65|4}} prescribes the 'iddah for a pre-pubscent girl. Although not spelled out explicitly in the verse itself, this meaning is clearly the one that was taken away by the orthodox Sunni muslim exegetical tradition. It must be noted that while supporting this interpretation, al-Tabari and al-Qurtubi also include opinions that it refers to women whose normal menstruation is interrupted (see [[Child Marriage in Islamic Law]]). For example, al-Qurtubi cites the companion Mujahid, though see also the hadith quoted from Sahih al-Bukhari below where Mujahid gives the traditional interpretation. The alternative interpretation is also advocated by Islamic modernists and is discussed in the section on modern views below.

"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.}}

Critics point out that the 'iddah (prescribed waiting period) for females is required after a divorce or widowing ({{Quran|2|228}), so that a child's father can be correctly identified. In addition to multiple tafsir and hadith traditions on 65:4, this is also established in Qur'an 33:49: