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Child Marriage in the Qur'an: Difference between revisions
Child Marriage in the Qur'an (view source)
Revision as of 17:54, 17 December 2021
, 17 December 2021→The Qur'an prohibits marriage to pre-pubescent females
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Please note that the word [[Nikah]] has double meaning in Arabic language: | Please note that the word [[Nikah]] has double meaning in Arabic language: | ||
# According to the Islamic Sharia, "Nikah" is a terminology, whose Shar'i meaning is "marriage". Actually, ''Zuwaj'' <ref>[http://www.studyquran.co.uk/28_ZAY.htm Lane's Lexicon - Zay-Waw-Jiim]</ref> is the correct word for marriage in Arabic, but the Qur'an uses both words in reference to marrying women; Nikah for human females and Zuwaj for the Houris. | #According to the Islamic Sharia, "Nikah" is a terminology, whose Shar'i meaning is "marriage". Actually, ''Zuwaj'' <ref>[http://www.studyquran.co.uk/28_ZAY.htm Lane's Lexicon - Zay-Waw-Jiim]</ref> is the correct word for marriage in Arabic, but the Qur'an uses both words in reference to marrying women; Nikah for human females and Zuwaj for the Houris. | ||
# While the literal meaning of "Nikah" in Arabic language is "[[Nikah (Sexual Consummation of Marriage)|Fuck/Sexual Intercourse]]" | #While the literal meaning of "Nikah" in Arabic language is "[[Nikah (Sexual Consummation of Marriage)|Fuck/Sexual Intercourse]]" | ||
Few Modern Islam advocates use this word "Nikah" in this verse as "marriage" (i.e. till they (the orphans) reach the age of marriage). Their argument is that this verse links the age of "Nikah" with "becoming sound in Judgement to take care of the property", and thus a child's Nikah is impossible while a child does not have the sound judgement to take care of his/her property. | Few Modern Islam advocates use this word "Nikah" in this verse as "marriage" (i.e. till they (the orphans) reach the age of marriage). Their argument is that this verse links the age of "Nikah" with "becoming sound in Judgement to take care of the property", and thus a child's Nikah is impossible while a child does not have the sound judgement to take care of his/her property. | ||
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Thirdly, please note that: | Thirdly, please note that: | ||
* As far as Shar'i Nikah (marriage) is concerned, then there is no condition present in it of reaching the أَشُدَّهُ (i.e. Strength to do the intercourse). | *As far as Shar'i Nikah (marriage) is concerned, then there is no condition present in it of reaching the أَشُدَّهُ (i.e. Strength to do the intercourse). | ||
* And the proof is that Muhammad himself did the Shar'i Nikah with 'Aisha, when she was only 6 years old. | *And the proof is that Muhammad himself did the Shar'i Nikah with 'Aisha, when she was only 6 years old. | ||
* And no one tests a 6 years old child for handing over his/her property to him/her, as 6 years old child has neither أَشُدَّهُ (Strength/Desire) nor he/she has any kind of "sound judgement" to look after his/her property. | *And no one tests a 6 years old child for handing over his/her property to him/her, as 6 years old child has neither أَشُدَّهُ (Strength/Desire) nor he/she has any kind of "sound judgement" to look after his/her property. | ||
Thus, the Shar'i Nikah has nothing to do with the أَشُدَّهُ (strength), as Muhammad did this Shar'i Nikah with 6 years 'Aisha. | Thus, the Shar'i Nikah has nothing to do with the أَشُدَّهُ (strength), as Muhammad did this Shar'i Nikah with 6 years 'Aisha. | ||
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Fourtly, according to Islamic Sharia: | Fourtly, according to Islamic Sharia: | ||
* When a girl reaches puberty, then she herself gets the right to give her consent for the marriage, or to deny the marriage. | *When a girl reaches puberty, then she herself gets the right to give her consent for the marriage, or to deny the marriage. | ||
* But if she is a minor or prepubescent girl, then her father/guardian could wed her to anyone even without her consent<ref>[https://islamqa.info/en/answers/12708/is-it-acceptable-to-marry-a-girl-who-has-not-yet-started-her-menses The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. Fatwa Website Islam Q&A.] </ref>. | *But if she is a minor or prepubescent girl, then her father/guardian could wed her to anyone even without her consent<ref>[https://islamqa.info/en/answers/12708/is-it-acceptable-to-marry-a-girl-who-has-not-yet-started-her-menses The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. Fatwa Website Islam Q&A.] </ref>. | ||
* And if she is a prepubescent and also an orphan, then her guardian has the right to wed her with himself (even without her consent), in order to get her property and the wealth. | *And if she is a prepubescent and also an orphan, then her guardian has the right to wed her with himself (even without her consent), in order to get her property and the wealth. | ||
It is evident from the following hadith: | It is evident from the following hadith: | ||
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that he asked `Aisha about the Statement of Allah: 'If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice, two or three or four; but if you fear that you shall not be able to deal justly (with them), then only one, or (the captives) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! '''(This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr''', and they are ordered to marry other women instead of them."}} | that he asked `Aisha about the Statement of Allah: 'If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice, two or three or four; but if you fear that you shall not be able to deal justly (with them), then only one, or (the captives) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! '''(This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr''', and they are ordered to marry other women instead of them."}} | ||
And it is also evident from the following Quranic Verse: | |||
{{Quote|{{Quran|4|127}}|You also read them (the guardians) in the Book concerning orphaned women (in your charge) '''to whom you deny their ordained rights and yet wish to take them in marriage''', as well as in respect of helpless children, that you should be just in the matter of orphans." The good you do is known to God.}} | |||
Thus a prepubescent girl is practically at the mercy of her guardian, and he could marry her to himself, even without her consent, and even for very little Mahr price. | Thus a prepubescent girl is practically at the mercy of her guardian, and he could marry her to himself, even without her consent, and even for very little Mahr price. | ||