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Child Marriage in Islamic Law: Difference between revisions
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[[File:Child marriage.jpg|thumb|Ghulan Haider, 11, married Faiz Mohammed, age 40. She hoped to become a teacher but was forced to quit her classes upon engagement. Image from the ''New York Times Magazine''.]] | [[File:Child marriage.jpg|thumb|Ghulan Haider, 11, married Faiz Mohammed, age 40. She hoped to become a teacher but was forced to quit her classes upon engagement. Image from the ''New York Times Magazine''.]] | ||
'''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}} | '''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}} | ||
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===Child Marriage and Muhammad's Companions=== | ===Child Marriage and Muhammad's Companions=== | ||
{{Main|Child Marriage and Muhammad's Companions}} | {{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>"<nowiki>'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 '</nowiki>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>), 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. | ||
==In the world today== | ==In the world today== | ||