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Child Marriage in Islamic Law: Difference between revisions
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{{QualityScore|Lead=4|Structure=4|Content=4|Language=2|References=3}} | {{QualityScore|Lead=4|Structure=4|Content=4|Language=2|References=3}} | ||
'''[[Sex| | '''Child marriage''' and '''[[Sex|sexual activity]] between adults and children''' are sanctioned by [[Shari'ah (Islamic Law)|Islamic law]] and were practiced by [[Muhammad's Wives|Muhammad]] and his [[Sahabah|companions]]. As is the case within all contexts where sexual activity ''is'' ''permitted'' in Islam - namely, [[marriage]] and [[slavery]] - [[Islam and Women|female]] [[Rape in Islamic Law|consent is not required]] and the category of "rape" does not exist (even while the category of "rape" exists outside these contexts). The only restriction on sexual activity with children of any age within the contexts of marriage and slavery is that the child should not come to severe physical harm as a consequence of the encounter ("mental anguish", as such, is not considered, and consent is regardless irrelevant). Consequently, men are advised to avoid vaginal penetration with their child wives and female slaves if they are too small to endure such activity, although other forms of sexual activity with such children are permitted. "[[Thighing]]", explicitly discussed by Islamic jurists, is one such variety of alternative sexual activity that men may engage in with their child wives and female slaves if they are too small to endure penetration.{{Core}} | ||
==Scripture== | ==Scripture== | ||
===Child marriage in the Quran=== | ===Child marriage in the Quran=== | ||
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{{Main|Aisha's Age|3=Qur'an, Hadith and Scholars:Aisha}}<br /> | {{Main|Aisha's Age|3=Qur'an, Hadith and Scholars:Aisha}}<br /> | ||
==== Modern disputations regarding her age ==== | ====Modern disputations regarding her age==== | ||
{{Main|Aisha's Age}} | {{Main|Aisha's Age}} | ||
The age of Aisha was not disputed by earlier scholars but a surge of recent scholars claim that Aisha was actually older than nine lunar years at time of the consummation of her marriage to Prophet Muhammad. They find the Sahih hadiths of her own testimony mistaken, and opt to use indirect sources and disputed dating techniques to calculate different ages. These heavily criticized research techniques have led to several conflicting ages to be proposed for Aisha at the time of consummation, including 12, 14, 15, 17, 18 and 21 years. | The age of Aisha was not disputed by earlier scholars but a surge of recent scholars claim that Aisha was actually older than nine lunar years at time of the consummation of her marriage to Prophet Muhammad. They find the Sahih hadiths of her own testimony mistaken, and opt to use indirect sources and disputed dating techniques to calculate different ages. These heavily criticized research techniques have led to several conflicting ages to be proposed for Aisha at the time of consummation, including 12, 14, 15, 17, 18 and 21 years. | ||
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The majority of Muslim scholars agree with the sahih hadith of Aisha's young age. This has been the mainstream Muslim understanding throughout Islam's 1,400 year history, and many scholars take offense to the new claims of Muslim apologists. | The majority of Muslim scholars agree with the sahih hadith of Aisha's young age. This has been the mainstream Muslim understanding throughout Islam's 1,400 year history, and many scholars take offense to the new claims of Muslim apologists. | ||
==== Modern disputations regarding the word "consummate" ==== | ====Modern disputations regarding the word "consummate"==== | ||
{{Main|The Meaning of Consummate}} | {{Main|The Meaning of Consummate}} | ||
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{{Main|Child Marriage and Muhammad's Companions}} | {{Main|Child Marriage and Muhammad's Companions}} | ||
In the early 7th century, Child marriage was common. Umar, the 2<sup>nd</sup> caliph of Islam, married Umm Kulthum when she was 10-12 years old. Some sources even say that she was five years old when Umar married her.<ref>" | In the early 7th century, Child marriage was common. Umar, the 2<sup>nd</sup> caliph of Islam, married Umm Kulthum when she was 10-12 years old. Some sources even say that she was five years old when Umar married her.<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> | Tarikh Khamees, Volume 2, p. 384 ('Dhikr Umm Kalthum') and Zakhair Al-Aqba, p. 168</ref> | ||