Le Mariage d'enfants dans le coran
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Le sujet du mariage des enfants en soi n'est jamais abordé dans le Coran. Pourtant, les savants étaient plus ou moins unanimes pour dire que le Coran traite indirectement du sujet. Le Coran établit des règles strictes concernant la durée pendant laquelle une femme doit attendre entre la fin d'un mariage et le début d'un autre. Le but de cela dans une société prémoderne et patriarcale était de s'assurer qu'une femme ne se marie pas avec un nouvel homme alors qu'elle est enceinte de son dernier mari et n'impute pas la paternité de son bébé au mauvais mari. Conformément à ces règles, le Coran 2:228 stipule une période d'attente ('Iddah) de 3 mois après le divorce, tandis que le Coran 33:49 indique qu'aucune période d'attente n'est prescrite pour une femme qui n'a pas eu de contact intime avec son mari. Cependant, le Coran clarifie également un certain nombre d'autres scénarios dans le verset 65:4 du Coran, notamment qu'il existe également une période d'attente de 3 mois pour "celles qui n'ont pas eu leurs règles".
This has been interpreted in the Islamic 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.
Today, 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 from Islamic scholars. Many Muslim campaign groups and charities have been involved in this process and continue to offer help to those at risk (see the article Forced Marriage which includes sources of help).[1] In collaboration with activists, in 2019 the deputy Grand Mufti of al-Azhar University in Cairo issued a fatwa calling for marriage based on mutual consent with a minimum age set as 18.[2] 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).
Introduction
The Qur'an has stipulated a waiting period which women must observe before they can remarry. This waiting period must be observed after they are divorced, or if their husbands have died. In the Qur'an, this is called 'Iddah عدة.
However, there is one exception to this requirement in Qur'an 33:49:
ياايها الذين امنوا اذا نكحتم المؤمنات ثم طلقتموهن من قبل ان تمسوهن فمالكم عليهن من عدة تعتدونها فمتعوهن وسرحوهن سراحا جميلا
Transliteration: Ya ayyuha allatheena amanoo itha nakahtumu almuminati thumma tallaqtumoohunna min qabli an tamassoohunna fama lakum AAalayhinna min AAiddatin taAAtaddoonaha famattiAAoohunna wasarrihoohunna sarahan jameelan
Sahih International: O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.From the verse above it is understood that 'Iddah (stipulated waiting period) is required if sexual contact has occurred within the marriage. If a woman is not touched by her husband before the divorce, she should not have to observe any waiting period at all.
According to traditional accounts, Muhammad was later asked about scenarios not covered in these verses:
Al-Wahidi, Asbab al-nuzul
These scenarios are addressed in Qur'an 65:4:
واللائي يئسن من المحيض من نسائكم ان ارتبتم فعدتهن ثلاثة اشهر واللائي لم يحضن واولات الاحمال اجلهن ان يضعن حملهن ومن يتق الله يجعل له من امره يسرا
Transliteration: Waalla-ee ya-isna mina almaheedi min nisa-ikum ini irtabtum faAAiddatuhunna thalathatu ashhurin waalla-ee lam yahidna waolatu al-ahmali ajaluhunna an yadaAAna hamlahunna waman yattaqi Allaha yajAAal lahu min amrihi yusran
Sahih International: And those who no longer expect menstruation among your women - if you doubt, then their period is three months, and [also for] those who have not menstruated. And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease.Here the 'Iddah is prescribed to three categories of women:
- First the phrase: “Yaisna min al-maheedhi” يئسن من المحيض which means “those women who are desperate of menses” is an indication to women who reached the stage of menstruation but do not menstruate and of those who reached menopause. Desperate of menses underlines that it concerns women who though reached the age, fail to menstruate too. Their 'Iddah period is three months.
- Next comes, “Wallaee Lam yahidhna” واللائي لم يحضن which means “those who have not menstruated yet”. This was more or less unanimously interpreted to mean pre-pubescent girls who have not yet menstruated. Here the 'Iddah prescribed for them is equal to the previous group of women (ie. three months).
- Lastly, the women who are pregnant - their prescribed ʿIddah is until they have given birth.
Linguistic Analysis of Verse in Arabic
The Qur'an says in Arabic:
واللائي لم يحضن فعدتهن ثلاثة أشهر
Tafsir from al-Islam.com
The transliteration of the verse and the meaning of each portion of the verse is given below:
واللائي لم يحضن" فعدتهن ثلاثة أشهر
Wa L-Lāʾī Lam Yaḥiḍna
Wa ( وَ ) = and
Al-Lāʾī ( وَاللَّائِي ) = for those who
Lam ( لَمْ ) = did not (negation in past tense) [4]
Yaḥiḍna ( يَحِضْنَ ) = menstruate.
Yaḥiḍna comes from the verbal root H-Y-D ( حيض ) which means "to menstruate".
The addition of prefix "Ya" and suffix "na" to the root "HYD" shows that the word is used in third person, feminine gender, plural, imperfective aspect, jussive mood.[5]
The imperfective aspect, according to traditional understanding of classical Arabic grammar, by itself lacks any tense feature (as is true of other classical Semetic languages such as Hebrew). [4] The tensed negatives like lam ( لَمْ ) (negation in past tense), lan ( لن ) (negation in future tense), lā ( لا) (negation in present tense) combined with imperfective (in different moods) decide the tense in the case of a negative sentence.
Thus lam Yadrus لم يدرس = He did not study. The verb is in the imperfect tense, but the particle lam لم conveys a meaning of a simple, negated past.
In the verse 65:4, Lam Yaḥiḍna لم يحضن= 'those who did not menstruate'. The meaning here is that the females being referred to have not, yet, menstruated, ie they are pre-pubescent.
The imperfective verb in the with the negation particle lam ( لَمْ ) (indicating a past-tense meaning) is in the Jussive mood(يعني المضارع المجزوم). [4]
Supporting these meanings, from Lane's lexicon, Lam (لم ) means 'not':
lam = Negative particle giving to the present the sense of the perfect; not.[7]
From the Lexicon, Arabic word for Menstruate is 'Haid' (حيض):
hada vb. (1) impf. act. 65:4
mahid n.m. 2:222
It thus follows that 65:4 is describing the state of women have not yet menstruated, which would logically include children or girls before puberty or attainment of menarche (first period). This implication, as seen below, was also drawn by the majors Tafsirs.
The exact translation of this portion of Quran 65:4 is thus "Not menstruated yet" ( لَمْ يَحِضْنَ ). In Arabic, the menstruation process is called HaiD( حيض ), and the verb for "to menstruate" is yaHiD( يَحِض ), with the noun likely being derivative of the verb (as with most but not all derivations in Arabic). The LAM ( لَمْ )clearly shows that the verb refers to women who menstruated, and the na ( نَ ) at the end of the verb drives home the point that this verb speaks of women. “Not menstruated yet” or some similar translation is the only acceptable English translation.
This verse 65:4 is read by the tafsirs as a continuation of Qur'an 33:49. A question that naturally arises from these verses, and which was more or less answered by the mufassiruun, is 'if a woman who has not had sex should not have to observe any Iddah at all, as mentioned in 33:49, what is the reason for the prescribed 'Iddah for those women who have not yet menstruated?' The answer seems to be that marrying pre-pubescent girls and having sex with them is sanctioned by the Qur'an, or at least such marriages are alluded to without criticism.
The phrase found in Qur'an 65:4 as "wallaee lam yaHiDhna" واللائي لم يحضن is sometimes mistranslated by apologists to mask the fact that pre-pubescent girls are normally understood as the intended meaning here; the exact meaning of the phrase is clearly understood this way in the Tafsirs.
Some also point out that Quran 2:236-237 implies that there can be a significant time period between contracting a marriage and consummation. Between this time a husband may divorce his wife with reduced compensation. Since a particularly significant amount of time would typically pass between the contracting of marriage with a minor and the consummation, the need for such guidance might seem to imply that the author had such marriages in mind.
And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it. And to forego it is nearer to righteousness. And do not forget graciousness between you. Indeed Allah, of whatever you do, is Seein
Tafsirs of the Verse
The classical tafsirs are essentially 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 mentioning 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.
Besides the tafsirs quoted below, a large set of translated quotes from various well known exegetical and jurist texts relating to these matters is also available online.[9]
Modern Tafsirs
The following commentaries show that the tradition of interpreting this verse as referring to the divorce (and thus marriage) of pre-pubescent girls comes well into the modern period.
The largest Quran publisher in the world, King Fahd Complex for the Printing of the Holy Quran, which is located in Saudi Arabia, published a Quran edition called “The easy interpretation” where every Quran page includes explanatory notes. This edition is authored by an elect of scholars. Here’s what this edition says about verse 65:4:
As for divorced women who no longer menstruate due to old age, if you didn’t know what the ruling on them is, their ʿIddah is three months. As for the young ones who haven’t menstruated yet, their ʿIddah is three months too.
التفسير الميسر، مجمع الملك فهد لطباعة المصحف، تأليف نخبة من العلماء، الطبعة الثانية
Abu Bakr Al-Jaza'iri (1921-2018)
The ʿiddah for those who haven’t menstruated, meaning for being young, is also three months.
Aysar Al-Tafāsīr by Abū Bakr Al-Jazāʾirī, Maktabat Al-ʿUlūm Wal Ḥikam, vol.5 p.377
Ibn 'Ashur (1879-1973)
After verse no.1 explained the ʿiddah for women who menstruate, another thing remains to be explained which is the ʿiddah for women who have passed the menstruation age or the ones who haven’t reached the menstruation age who are the young.
Al-Taḥrīr Wal-Tanwīr by Ibn ʿĀshūr, Al-Dār Al-Tūnisiyyah Lil-Nashr, Vol.28 p.315
Abul A'la Al-Maududi (1903-1979)
Sayyid Abul Ala Maududi, Tafhim al-Qur'an
Note here what Al-Maududi mentions on giving pre-pubescent girls in marriage and consummating the marriage with them. The interpreter affirms it is permitted by the Qur'an and no Muslims can question or forbid it.
Al-Sa'di (d.1956)
Those who haven’t menstruated, meaning: The young who haven’t menstruated yet.
Taysīr Al-Karīm Al-Mannān by Al-Saʿdī, Muʾassasat Al-Risālah, p.807
Al-Shawkani (d.1839 AD)
Al-Shoukani, Fath al-Qadir
Classical Tafsirs
The traditional understanding of this verse reaches far back into Islamic history. Almost all of the classical commentators have dealt with this verse, and they are near-unanimous in declaring that it refers to the divorce, and therefore the marriage, of pre-pubescent girls.
Ibn Kathir (d.1373 AD), whose interpretation of the Quran is the most popular in the Muslim world, says:
Al-Tabari (d.923 AD), whose interpretation is the earliest comprehensive interpretation of the Quran, says:
Tafsir Ibn Abbas. Which is a collection of the Quranic interpretation reports attributed to Ibn Abbas, Muhammad's cousin.
Tafsir Ibn Abbas
Al-Jalalayn by Al-Mahalli (d.1459 AD) & Al-Suyuti (d.1505 AD)
Tafsir al-Jalalayn
Al-Wahidi (d.1076 ِAD)
Al-Wahidi, Asbab al-nuzul
Al-Zamakhshari (d.1143 ِAD)
Al-Zamakhshari, Al-Kashshaaf
Tabrasi (d.1153 ِِِAD), a Shia scholar.
Tabrasi
Abu Hayyan (d.1344 AD)
،فالعدة هذه، فتلخص في قوله: { إن ارتبتم } قولان: أحدهما، أنه على ظاهر مفهوم اللغة فيه، وهو حصول الشك؛ والآخر، أن معناه التيقن للإياس؛ والقول الأول معناه: إن ارتبتم في دمها، أهو دم حيض أو دم علة؟ أو إن ارتبتم في علوق بحمل أم لا؛ أو إن ارتبتم: أي جهلتم عدتهن، أقوال. والظاهر أن قوله: واللائي { لم يحضن } يشمل من لم يحض لصغر،
Abu-Hayyan
Evidence from the Hadith
This interpretation is widespread amongst the mufassirun for good reason. All of the most authoritative collections of Sunni hadith all support this interpretation.
From Imam Bukhari in his book of Tafsir and hadith collections:
Mujahid said that "if you have any doubt" (65:4) means if you do not know whether she menstruates or not. Those who do not longer menstruate and those who have not yet menstruated, their 'iddah is three months.
By virtue of the Statement of Allah : "...and for those who have no (monthly) courses (i.e. they are still immature).. (V.65:4) And the 'Idda for the girl before puberty is three months (in the above Verse).
5133. Narrated 'Aishah; that the Prophet wrote the marriage contract with her when she was six years old and he consummated his marriage when she was nine years old, and then she remained with him for nine years (i.e. till his death).Al-Bukhari (au.), Muhammad M. Khan (tr.), Dar-us-Salam Publications, vol. 7, book 67, ch. 39, p. 57, ISBN 9960-717-38-0, June 1, 1997, http://archive.org/download/SahihAl-bukhari9Vol.Set/SahihAl-bukhariVol.7-Ahadith5063-5969.pdf.
From Sahih Muslim:
Muṣannaf of Abdul Razzaq (126-211 AH), one of earliest collections of Hadith, mentions a report where companions of Muhammad reference verse 65:4 while answering a legal question about a divorced woman. They said:
He mentioned the case of his wife while Ali ibn Abi Talib and Zayid bin Thabit were present, so 'Uthman said to the two of them: "What do you think?" The two of them said "We consider she will inherit from him if he dies, and he will inherit from her if she dies, for she’s not among the elderly women who no longer expect menstruation, and she’s not among the virgins who haven’t menstruated.
The following Muwatta hadith shows it's permissible to marry girls who have not reached puberty:
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."
Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies."
Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.
Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."The following is from Fath al-Bari, one of the most authoritative commentaries on Sahih Al-Bukhari:
Recent Fatwas
IslamOnline.net is one of the most popular Islamic fatwa sites on the internet. The following excerpt is taken from a December 2010 fatwa.
Submitted by Ahmad, IslamOnline, December 24, 2010
Moreover, the interest of Shariah proves it. So the claim that this was abrogated is not correct. And the Hadith did not include that meaning; it just states that a virgin woman is not to be married until consulted.
The evidence from the Qur'an is:
1. The saying of Allah: "And those of your women as have passed the age of monthly courses, for them the 'Iddah (prescribed period), if you have doubts (about their periods), is three months, and for those who have no courses [(i.e. they are still immature) their 'Iddah (prescribed period) is three months likewise, except in case of death]". (At-Talaq 65:4)
So, Allah set rulings of marriage, divorce and waiting period for the women who have not yet had menses, i.e. the young girls.
The Iddah (waiting period) does not take place except after marriage.Islamweb, Fatwa No. 88089, June 24, 2004
Shaykh Muhammad Bin ʿUthaymīn (d.2001)
Modern Views and Perspectives on the Meaning of Qur'an 65:4
The Qur'an prohibits marriage to pre-pubescent females
Some Modern du'aah who decry the traditional sources as endorsing pedophilia often take issue with the interpretation of the wording of Qur'an 65:4 in these source. They see the verse as limited to post-pubescent women and not pre-pubescent women (taking as a starting point medieval modes of understanding "adulthood" for women.[14].
Qur'an 4:6 is also often leveraged as part of this argument:
Transliteration: Waibtaloo alyatama hatta itha balaghoo alnnikaha fa-in anastum minhum rushdan faidfaAAoo ilayhim amwalahum wala ta/kulooha israfan wabidaran an yakbaroo waman kana ghaniyyan falyastaAAfif waman kana faqeeran falya/kul bialmaAAroofi fa-itha dafaAAtum ilayhim amwalahum faashhidoo AAalayhim wakafa biAllahi haseeban
Yusuf Ali: Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is Allah in taking account.
Pickthal: Prove orphans till they reach the marriageable age; then, if ye find them of sound judgment, deliver over unto them their fortune; and devour it not by squandering and in haste lest they should grow up Whoso (of the guardians) is rich, let him abstain generously (from taking of the property of orphans); and whoso is poor let him take thereof in reason (for his guardianship). And when ye deliver up their fortune unto orphans, have (the transaction) witnessed in their presence. Allah sufficeth as a Reckoner.
Shakir: And test the orphans until they attain puberty; then if you find in them maturity of intellect, make over to them their property, and do not consume it extravagantly and hastily, lest they attain to full age; and whoever is rich, let him abstain altogether, and whoever is poor, let him eat reasonably; then when you make over to them their property, call witnesses in their presence; and Allah is enough as a Reckoner.The word Nikah can have multiple understandings:
- According to the Islamic Shar'iah, "Nikah" is a technical term, whose Shar'i (Islamic legal) meaning is "the consumation of a marriage through vaginal intercourse" and in many Islamic languages and cultures, such as Urdu speaking Muslims in South Asia, this by extension merely means "(Islamic) marriage." In Arabic, though , Zuwaaj زواج[15] is the specific word for just "marriage" (although the contract of marriage which both parties sign is called "'aqd an-nikaah" عقد النكاح), but the Qur'an uses both words in reference to marrying women; Nikaah for human females and Zuwaaj for the Houris.
- The underlying, literal meaning of "Nikaah" in Arabic language is vaginal, "Sexual Intercourse"
Some modern du'aah use this word "Nikaah" in this verse to mean "marriage" (i.e. till they (the orphans) reach the age of marriage). Their argument is that this verse links the age of "Nikaah" with "becoming sound in Judgement to take care of the property", and thus a child's Nikaah is impossible while a child does not have the sound judgement to take care of his/her property.
Contrary to these modern opinions, the traditional view of Muslim 'ulamaa' of the last 1400 years was that word "Nikaah" had been used in it's literal meaning here (i.e. reaching the age where they are able to do the sexual intercourse). For futher discussion, see Child Marriage in Islamic Law. Islamqa.com, one of the largest Fatwa sites on the internet argues for the traditonal view on the verse:
“Reaching Nikah” mentioned in the verse means reaching puberty which can be known through signs such as menstruation for females and the growth of pubic hair. The verse used the expression “reaching Nikah” to actually mean “reaching puberty” because in most cases, it’s adults who perform Nikah. But this doesn’t mean that it’s not possible for non-adults to perform Nikah, which is permissible as proven by the Quran, Sunnah and the consensus of scholars. Plus, the same Surah and the same context of verses proves it (the permissibility of child marriage). (The verse that speaks about giving an orphan his money when he/she reaches Nikah is verse no.6) Verse no.3 says: “And 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 and the slaves) that your right hands possess. ”.
This verse proves it’s allowed to marry an orphan. And an orphan cannot be an adult. It’s reported in Sahih Bukhari Hadith no. 2494: “Narrated Urwah that he asked `Aisha regarding the Verse: 'If you fear that you shall not be able to deal justly with the orphan girls, marry (other) women of your choice.' (4.3) `Aisha said, "It is about an orphan girl under the custody of her guardian who being attracted by her wealth and beauty wants to marry her with Mahr less than other women of her status. So such guardians were forbidden to marry them unless they treat them justly by giving them their full Mahr. Then the people sought the verdict of Allah's Apostle for such cases, whereupon Allah revealed: 'They ask your instruction concerning women..' (4.127) ”
[[2]]
Ibn Hajar (d.1449 AD) commented on this Hadith saying: “This shows it’s allowed to marry orphans who haven’t reached puberty. Because after puberty they can’t be called orphans.”
Some point out that hadiths seem incompatible with the claim that the age of marriage is linked to reaching sound judgment. At the age of 9, when 'Aisha finally came to the house of Muhammad for the consummation of marriage, still she was not mentally sound enough to look after any property or business. It is evident from the following hadith:
According to the schools of Islamic jurisprudence:
- Most agreed that when a girl reaches puberty, then she herself gets the right to give her consent for a proposed marriage, or to deny the marriage.
- However, the schools of jurisprudence were unanimous that if she is a minor (prepubescent girl), then her father/guardian could wed her to anyone even without her consent[16].
- Some schools held that even post-pubescent girls could be compelled to marry by their fathers if they were virgins.
- According to the Hanafi school, if she is a prepubescent and also an orphan, then her guardian has the right to contract her in marriage.
Hanafis took the latter view based on their interpretation of Quran 4:3 and Quran 4:127 combined with their assumption that the term orphan was not applied to girls over the age of puberty:
For more detail see also the articles Forced Marriage and Child Marriage in Islamic Law.
The following hadith concerns guardians who wish to wed orphans in their care:
On the above basis 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.
The Tafsir's give the following understanding of a related verse, Quran 4:6:
Allah said,
[وَابْتَلُواْ الْيَتَـمَى]
(And test orphans) meaning, test their intelligence, as Ibn `Abbas, Mujahid, Al-Hasan, As-Suddi and Muqatil bin Hayyan stated.
[حَتَّى إِذَا بَلَغُواْ النِّكَاحَ]
(until they reach the age of marriage), the age of puberty, according to Mujahid. The age of puberty according to the majority of scholars comes when the child has a wet dream. In his Sunan, Abu Dawud recorded that `Ali said, "I memorized these words from the Messenger of Allah ,
«لَا يُتْمَ بَعْدَ احْتِلَامٍ، وَلَا صُمَاتَ يَوْمٍ إِلَى اللَّيْل»
(There is no orphan after the age of puberty nor vowing to be silent throughout the day to the night.) In another Hadith, `A'ishah and other Companions said that the Prophet said,
«رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ، عَنِ الصَّبِيِّ حَتَّى يَحْتَلِمَ، وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ، وَعَنِ الْمَجْنُونِ حَتَّى يُفِيق»
s(The pen does not record the deeds of three persons: the child until the age of puberty, the sleeping person until waking up, and the senile until sane.) Or, the age of fifteen is considered the age of adolescence. In the Two Sahihs, it is recorded that Ibn `Umar said, "I was presented in front of the Prophet on the eve of the battle of Uhud, while I was fourteen years of age, and he did not allow me to take part in that battle. But I was presented in front of him on the eve of the battle of Al-Khandaq (The Trench) when I was fifteen years old, and he allowed me (to join that battle). `Umar bin `Abdul-`Aziz commented when this Hadith reached him, "This is the difference between a child and an adult. There is a difference of opinion over whether pubic hair is considered a sign of adulthood, and the correct opinion is that it is. The Sunnah supports this view, according to a Hadith collected by Imam Ahmad from `Atiyah Al-Qurazi who said, We were presented to the Prophet on the day of Qurizah, whoever had pubic hair was killed, whoever did not was left free to go, I was one of those who did not, so I was left free. The Four Sunan compilers also recorded similar to it. At-Tirmidhi said, "Hasan Sahih. Allah's statement,
[فَإِنْ ءَانَسْتُمْ مِّنْهُمْ رُشْداً فَادْفَعُواْ إِلَيْهِمْ أَمْوَلَهُمْ]
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }
Tafsir al-Jalalayn
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }
Tafsîr Ibn Abbas
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }
Al-Wahidi, Asbab Al-Nuzul
The Arabic word “Nisaa'” does not refer to young females
Some defenders of the Qur'an, speaking in English, claim that the Qur'an only uses the word Nisaa' to refer to mature, adult women, therefore 65:4 cannot be talking about pre-pubescent females.[17]
Critics argue that this linguistic argument does not hold water, even just on the basis of the Qur'an itself as a text. The word merely means "women/females" and can refer to mixed groups of women of various ages, as the English "female" or "women." Here are some verses that use the word "nisaa'":
Transliteration: Waith najjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuthabbihoona abnaakum wayastahyoona Nisaa'akum wafee thalikum balaon min rabbikum AAatheemun
Transliteration: Waqala almalao min qawmi firawna atatharu moosa waqawmahu liyufsidoo fee alardi wayatharaka waalihataka qala sanuqattilu abnaahum wanastahyee Nisaa'ahum wainna fawqahum qahiroona
Transliteration: Waith anjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuqattiloona abnaakum wayastahyoona Nisaa'akum wafee thalikum balaon min rabbikum AAatheemun
Transliteration: Waith qala moosa liqawmihi othkuroo niAAmata Allahi AAalaykum ith anjakum min ali firawna yasoomoonakum sooa alAAathabi wayuthabbihoona abnaakum wayastahyoona Nisaa'akum wafee thalikum balaon min rabbikum AAatheemun
Transliteration: Falamma jaahum bialhaqqi min AAindina qaloo oqtuloo abnaa allatheena amanoo maAAahu waistahyoo Nisaa'ahum wama kaydu alkafireena illa fee dalalin
In the above verses, the word "Nisaa'" is referring to female infants. The biblical original of this story, which the Qur'an relies upon and which commentary on the Qur'an confirms in this case,
The word used for daughter in Hebrew here is "bat" בַּ֥ת which is cognate with the Arabic bint/ibnah بنت/إبتة also meaning "daughter" in that language.
Moreover, the Quran used the expression “Nisaa’ orphans” to mean “female orphans”. Orphans cannot be adults which means non-adults can be included in the word Nisaa’.
Pickthaal: They consult thee concerning women. Say: Allah giveth you decree concerning them, and the Scripture which hath been recited unto you (giveth decree), concerning female orphans and those unto whom ye give not that which is ordained for them though ye desire to marry them, and (concerning) the weak among children, and that ye should deal justly with orphans. Whatever good ye do, lo! Allah is ever Aware of it.
65.4 talks only of the 'Iddah and not of sexual activity
One point of focus for modern commentators, seeking to defend the Qur'an from the charge of endorsing pedophilia, is that 65:4 does not explicitly discuss consummation or other sexual activity in regards to any of the females discussed in the verse; it merely sets the prescribed 'Iddah required for each.[18]
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:
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَٰتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا
O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.The tafsirs further expound on the meaning of the 'iddah according to this verse:
49. O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no `Iddah have you to count in respect of them. So, give them a present, and set them free in a handsome manner.)
This Ayah contains many rulings, including the use of the word Nikah for the marriage contract alone. There is no other Ayah in the Qur'an that is clearer than this on this point. It also indicates that it is permissible to divorce a woman before consummating the marriage with her.
(الْمُؤْمِنَـتِ)
(believing women) This refers to what is usually the case, although there is no difference between a believing (Muslim) woman and a woman of the People of the Book in this regard, according to scholarly consensus. Ibn `Abbas, may Allah be pleased with him, Sa`id bin Al-Musayyib, Al-Hasan Al-Basri, `Ali bin Al-Husayn Zayn-ul-`Abidin and a group of the Salaf took this Ayah as evidence that divorce cannot occur unless it has been preceded by marriage, because Allah says,
(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)
(When you marry believing women, and then divorce them)
The marriage contract here is followed by divorce, which indicates that the divorce cannot be valid if it comes first. Ibn Abi Hatim recorded that Ibn `Abbas, may Allah be pleased with him, said, "If someone were to say, `every woman I marry will ipso facto be divorced,' this does not mean anything, because Allah says:
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)
(O you who believe! When you marry believing women, and then divorce them....). It was also reported that Ibn `Abbas, may Allah be pleased with him, said: "Allah said,
(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)
(When you marry believing women, and then divorce them.) Do you not see that divorce comes after marriage A Hadith to the same effect was recorded from `Amr bin Shu`ayb from his father from his grandfather, who said: "The Messenger of Allah said:
«لَا طَلَاقَ لِابْنِ آدَمَ فِيمَا لَا يَمْلِك»
(There is no divorce for the son of Adam with regard to that which he does not possess.) This was recorded by Ahmad, Abu Dawud, At-Tirmidhi and Ibn Majah. At-Tirmidhi said, "This is a Hasan Hadith, and it is the best thing that has been narrated on this matter. It was also recorded by Ibn Majah from `Ali and Al-Miswar bin Makhramah, may Allah be pleased with them, that the Messenger of Allah said:
«لَا طَلَاقَ قَبْلَ نِكَاح»
(There is no divorce before marriage.)
(فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا)
(no `Iddah have you to count in respect of them.) This is a command on which the scholars are agreed, that if a woman is divorced before the marriage is consummated, she does not have to observe the `Iddah (prescribed period for divorce) and she may go and get married immediately to whomever she wishes. The only exception in this regard is a woman whose husband died, in which case she has to observe an `Iddah of four months and ten days even if the marriage was not consummated. This is also according to the consensus of the scholars.
(فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)
(So, give them a present, and set them free in a handsome manner.) The present here refers to something more general than half of the named dowery or a special gift that has not been named. Allah says:
(وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ)
(And if you divorce them before you have touched (had a sexual relation with) them, and you have fixed unto them their due (dowery) then pay half of that) (2:237). And Allah says:
(لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ)
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)
Tafsir al-Jalalayn
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)
Tafsir 'Ibn Abbas
This verse effectively removes the apologist's objection to Qur'an 65.4 as we see clearly that if a man has not consummated his marriage with his wife then she does not need to observe an 'iddah. If Qur'an 65.4 specifies that pre-pubescent females must observe a 3 month 'iddah then clearly sexual intercourse is halal to Allah.
This verse is only talking about adult women who don't know if they are pregnant or whose menstruation is interrupted by illness
The very reason 65:4 was revealed in the first place, was as a clarification to an existing verse. The Quran had already stated that women must wait 3 menstrual periods before they can end the 'iddat and be free to marry again. This is in Qur'an 2:228:
However, after this, Muslim men went to Muhammad to ask about those who did not presently have their menses - how do they measure the 'iddat in those cases? It is in this circumstance that Allah sent down the clarification (65:4) for the three groups of women that did not have menstruation, therefore they could not wait the '3 menstrual cycles' as mandated by Qur'an 2:228.
Critics point out that those who make this claim are ignoring what all of their own scholars have said about 65:4; that it is referring to the peri-menopausal and post menopausal women, the pre-pubescent girls and the pregnant women. The women who are pre-menopausal are told in Qur'an 2:228 that they must wait 3 menstrual cycles, leaving the apologetic interpretation without a clear rationale.
This verse is applied to unconsummated widows
Another claim is that Qur'an 65:4 doesn't necessarily mean that Muslim men can have sex with pre-pubescent females because there may be cases where a man has married a pre-pubescent female, but while waiting for her to attain menstruation before consummating the marriage, he died. The 'iddah could be referring to a situation such as this.
Critics counter that this claim is invalid because the Qur'an specifies the 'iddah for all widows to be 4 months and 10 days; in Qur'an 2:234:
Since the 'Iddah specified in Qur'an 65.4 is for a different amount of time, this situation would not seem to be the subject of 65:4.
See Also
External Links
- Marriage to Minors: Surah At-Talaq (65:4) - Answering Islam
- Does the Quran Promote Pedophilia? Mohammed Hijab Says "Yes!" - David Wood
Translations
- A version of this page is also available in the following languages: French. For additional languages, see the sidebar on the left.
References
- ↑ For example Muslim Women's Network UK and Tahirih Justice Center Forced Marriage Initiative
- ↑ Senior Islamic cleric issues fatwa against child marriage - Guardian.com
- ↑ YEMEN: Deep divisions over child brides - IRIN, March 28, 2010
- ↑ 4.0 4.1 4.2 Elabbas Benmamoun, Arabic morphology: The central role of the imperfective, Lingua 108 (1999) 175-201
- ↑ Arabic grammar - Wikipedia
- ↑ Jussive - Wikipedia
- ↑ Lam = ل - StudyQuran
- ↑ ح = Ha - StudyQuran
- ↑ Q65.4: The verse of child marriage
- ↑ Al-Tabari's tafsir for Q. 65:4 translated by Islamqa.info Is it acceptable to marry a girl who has not yet started her menses?
- ↑ Al-Islam (Arabic text)
- ↑ IslamWeb (Arabic text)
- ↑ The ‘iddah of a woman divorced by talaaq - Islam Q&A, Fatwa No. 12667
- ↑ Abu Amina Elias AKA Justin Parrott, "Does verse 65:4 encourage child marriage?", Faith in Allah الإيمان بالله "Any practice that causes harm to children is unlawful in Islam.", https://www.abuaminaelias.com/verse-65-4-child-marriage/.
- ↑ Lane's Lexicon - Zay-Waw-Jiim
- ↑ The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. Fatwa Website Islam Q&A.
- ↑ "that the Arabic word ‘Nisa’ could also refer to ‘female children’. Let us take a look in Arabic-English dictionaries. The Arabic word ‘Nisa’ has been used 59 times in the Quran. Not once has the word ‘Nisa’ been used for a ‘child(ren)’, it has always referred to mature adult women. Dr. Rohi Baalbaki, says in Al-Mawrid: A modern Arabic-English Dictionary:", Kaleef K. Karim, "Quran 65:4 – The Child Marriage Claim", Discover The Truth, https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/
- ↑ "Quran 65:4 – The Child Marriage Claim", Discover The Truth, https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/.