Qur'an, Hadith and Scholars:Child Marriage: Difference between revisions
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The sira tradition is very explicit about the fact that Muhammad [[Aisha's Age|married Aisha when she was six, and consummated the marriage when she was nine.]] As Muhammad is [[Uswa Hasana|"al-insaan al-kaamil"]], this action of his has been taken by the scholars to be an example for all of mankind, and have thus decreed that such marriages are lawful for all believers. Both the Qur'an and the hadith contain regulations about when believers may have sex with underage wives who have not yet had their menses, furthor solidifying the halaal nature of the practice of consummating marriages with extremely young girls and older men. | |||
==Qur'an== | ==Qur'an== | ||
===Surah 65:4=== | ===Surah 65:4=== | ||
{{main| | {{main|Child Marriage in the Qur'an}} | ||
The following verse allows sex with pre-pubescent girls who have not yet menstruated. | The following verse allows sex with pre-pubescent married girls who have not yet menstruated. | ||
{{Quote|{{Quran|65|4}}|Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, and for those who have no courses (it is the same): for those who carry (life within their wombs), their period is until they deliver their burdens: and for those who fear Allah, He will make their path easy.}} | {{Quote|{{Quran|65|4}}|Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, and for those who have no courses (it is the same): for those who carry (life within their wombs), their period is until they deliver their burdens: and for those who fear Allah, He will make their path easy.}} | ||
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====Hadith==== | ====Hadith==== | ||
Quotes from Imam Bukhari | Quotes from Imam Bukhari's hadith collection, regarding verse 65:4. | ||
{{Quote|[http://bewley.virtualave.net/bukhari33.html Sahih Al-Bukhari, Chapter 68: Book of Tafsir]|'''CCCLXXXIV: The Tafsir of Surat at-Talaq'''<BR><BR>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 'idda is three months'''.}} | {{Quote|[http://bewley.virtualave.net/bukhari33.html Sahih Al-Bukhari, Chapter 68: Book of Tafsir]|'''CCCLXXXIV: The Tafsir of Surat at-Talaq'''<BR><BR>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 'idda is three months'''.}} | ||
The following is from Bukhari's chapter introduction for chapter 39, Book an-Nikkah. It appears immediately before the first and only hadith of Chapter 39, {{Bukhari|7|62|64}} and can be seen in the Dar-us-Salam print edition, volume 7. | |||
{{Quote|Bukhari (Chapter 39)|Giving one’s young children in marriage (is permissible) by virtue of the Statement of Allah: ‘And for those who have courses’ (i.e. they are still immature) (Sura 65:4) And the ‘Iddat [waiting period for a woman before lawful sexual intercourse] '''for the girl before puberty is three months''' (in the above Verse).}} | {{Quote|Bukhari (Chapter 39)|Giving one’s young children in marriage (is permissible) by virtue of the Statement of Allah: ‘And for those who have courses’ (i.e. they are still immature) (Sura 65:4) And the ‘Iddat [waiting period for a woman before lawful sexual intercourse] '''for the girl before puberty is three months''' (in the above Verse).}} | ||
The following is from Fath al-Bari, the most authoritative commentary on Sahih Al-Bukhari. | The following is from Fath al-Bari, the most authoritative commentary on Sahih Al-Bukhari. | ||
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====Recent fatwas==== | ====Recent fatwas==== | ||
December 2010 fatwa from | December 2010 fatwa from popular Islamic website. | ||
{{Quote|1=[http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamonline.net%2Far%2FIOLCounsel_C%2F1278406761316%2F1278406720653%2F%D9%87%D9%84-%D9%8A%D8%AC%D9%88%D8%B2-%D8%AA%D8%AD%D8%AF%D9%8A%D8%AF-%D8%B3%D9%86-%D8%B2%D9%88%D8%A7%D8%AC-%D9%84%D9%84%D9%81%D8%AA%D9%8A%D8%A7%D8%AA%D8%9F-&date=2011-02-03 Is it permissible to restrict the age at which girls can marry?]<BR>Submitted by Ahmad, IslamOnline, December 24, 2010|2=The Noble Qur'an has also mentioned the waiting period [i.e. for a divorced wife to remarry] for the wife who has not yet menstruated, saying: "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" [Qur'an 65:4]. Since this is not negated later, '''we can take from this verse that it is permissible to have sexual intercourse with a prepubescent girl'''. The Qur'an is not like the books of jurisprudence which mention what the implications of things are, even if they are prohibited. '''It is true that the prophet (PBUH) entered into a marriage contract with A'isha when she was six years old, however he did not have sex with her until she was nine years old''', according to al-Bukhari.}} | {{Quote|1=[http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamonline.net%2Far%2FIOLCounsel_C%2F1278406761316%2F1278406720653%2F%D9%87%D9%84-%D9%8A%D8%AC%D9%88%D8%B2-%D8%AA%D8%AD%D8%AF%D9%8A%D8%AF-%D8%B3%D9%86-%D8%B2%D9%88%D8%A7%D8%AC-%D9%84%D9%84%D9%81%D8%AA%D9%8A%D8%A7%D8%AA%D8%9F-&date=2011-02-03 Is it permissible to restrict the age at which girls can marry?]<BR>Submitted by Ahmad, IslamOnline, December 24, 2010|2=The Noble Qur'an has also mentioned the waiting period [i.e. for a divorced wife to remarry] for the wife who has not yet menstruated, saying: "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" [Qur'an 65:4]. Since this is not negated later, '''we can take from this verse that it is permissible to have sexual intercourse with a prepubescent girl'''. The Qur'an is not like the books of jurisprudence which mention what the implications of things are, even if they are prohibited. '''It is true that the prophet (PBUH) entered into a marriage contract with A'isha when she was six years old, however he did not have sex with her until she was nine years old''', according to al-Bukhari.}} | ||
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==Muhammad== | ==Muhammad== | ||
===Married | ===Married Aisha When She Was Six=== | ||
{{main| | {{main|Qur'an, Hadith and Scholars:Muhammad's Wives and Concubines}} | ||
Muhammad consummated his marriage with the 9 year old Aisha, while she remained pre-pubescent. | Muhammad consummated his marriage with the 9 year old Aisha, while she remained pre-pubescent. | ||
{{Quote|{{Muslim|8|3310}}|A'isha (Allah be pleased with her) reported: Allah's Apostle (Mohammad) married me when I was six years old, and I was admitted to his house when I was nine years old.}} | {{Quote|{{Muslim|8|3310}}|A'isha (Allah be pleased with her) reported: Allah's Apostle (Mohammad) married me when I was six years old, and I was admitted to his house when I was nine years old.}} | ||
==Muhammad's Companions== | ==Muhammad's Companions== | ||
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{{Quote|Grand Mufti of Saudi Arabia, Sheikh Abdul Aziz Al-Sheikh|Our mothers and before them our grandmothers married when they were barely 12. Good upbringing makes a girl ready to perform all marital duties at that age.<ref>Carlyle Murphy - [http://www.globalpost.com/dispatch/saudi-arabia/090416/child-marriage-case-showcases-deep-splits-saudi-society Child marriage case showcases deep splits in Saudi society] - GlobalPost, April 16, 2009</ref>}} | {{Quote|Grand Mufti of Saudi Arabia, Sheikh Abdul Aziz Al-Sheikh|Our mothers and before them our grandmothers married when they were barely 12. Good upbringing makes a girl ready to perform all marital duties at that age.<ref>Carlyle Murphy - [http://www.globalpost.com/dispatch/saudi-arabia/090416/child-marriage-case-showcases-deep-splits-saudi-society Child marriage case showcases deep splits in Saudi society] - GlobalPost, April 16, 2009</ref>}} | ||
{{Quote|Skeikh Mohamed Ibn Abderrahmane Al-Maghraoui|A nine-year-old girl has the same sexual capacities like a woman of twenty and over.<ref>[http://www.ansamed.info/en/news/[email protected] | {{Quote|Skeikh Mohamed Ibn Abderrahmane Al-Maghraoui|A nine-year-old girl has the same sexual capacities like a woman of twenty and over.<ref>[http://www.ansamed.info/en/news/[email protected] Fatwa in favour of 9-year-old girl marriage, Polemics] - ANSA''med'', September 8, 2008</ref>}} | ||
{{Quote|Sheikh Mohamed Ben Abderrahman Al-Maghraoui|The marriage of nine-year-old girls is not forbidden because according to the Hadith (the Prophet Mohammed's sayings), Mohammed married Aisha when she was only seven-years-old and he consummated his union when she was nine.<ref>[http://www.middle-east-online.com/english/?id=27880 Moroccan theologian: Muslim girls can wed at nine] - Middle East Online, September 15, 2008</ref>}} | {{Quote|Sheikh Mohamed Ben Abderrahman Al-Maghraoui|The marriage of nine-year-old girls is not forbidden because according to the Hadith (the Prophet Mohammed's sayings), Mohammed married Aisha when she was only seven-years-old and he consummated his union when she was nine.<ref>[http://www.middle-east-online.com/english/?id=27880 Moroccan theologian: Muslim girls can wed at nine] - Middle East Online, September 15, 2008</ref>}} | ||
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{{Quote|1=[http://web.archive.org/web/20080127161338/http://islam.tc/ask-imam/view.php?q=6737 I would like to marry a woman who is 12 years old, her father and she has also agreed. What is your advise?]<BR>Islamic Q & A Online with Mufti Ebrahim Desai, Ask-Imam, Question No. 6737|2=According to the Shari'ah, if a girl is a minor (did not attain puberty), she may be given in marriage by her father. When she attains puberty, she has the right to maintain the marriage or discontinue the marriage. There is no age limit to be intimate with one's wife even if she is a minor.}} | {{Quote|1=[http://web.archive.org/web/20080127161338/http://islam.tc/ask-imam/view.php?q=6737 I would like to marry a woman who is 12 years old, her father and she has also agreed. What is your advise?]<BR>Islamic Q & A Online with Mufti Ebrahim Desai, Ask-Imam, Question No. 6737|2=According to the Shari'ah, if a girl is a minor (did not attain puberty), she may be given in marriage by her father. When she attains puberty, she has the right to maintain the marriage or discontinue the marriage. There is no age limit to be intimate with one's wife even if she is a minor.}} | ||
{{Quote|1= | {{Quote|1=Ahmed Sani Yerima, former governor and current senator of Zamfara State, Nigeria|2=Child marriage in Islam is permissible. In the Koran there is no specific age of marriage...[If the government imposed new laws against child marriage] There will be violent conflict from the Muslims, saying that 'no, we will not accept this, we'd rather die than accept something which is not a law from Allah.'<ref name="TONOV282008">{{cite web|url= http://www.wunrn.com/news/2008/11_08/11_24_08/112408_nigeria.htm|title= Nigeria Child Brides-Broken Lives |publisher= Times Online|author= |date= November 28, 2008|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Fwww.wunrn.com%2Fnews%2F2008%2F11_08%2F11_24_08%2F112408_nigeria.htm&date=2013-06-15|deadurl=no}}</ref>}} | ||
{{Quote|Ahmed Sani Yerima, former governor and current senator of Zamfara State, Nigeria<ref name="TNTJuly212013">{{cite web |url= http://thenigeriatoday.net/i-could-marry-off-my-six-year-old-daughter-if-i-so-wished-senator-ahmed-yerima-replies-critics/|title= I Could Marry Off My Six Year Old Daughter If I So Wished, Senator Ahmed Yerima Replies Critics|publisher= The Nigeria Today|author= |date= July 21, 2013|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Fthenigeriatoday.net%2Fi-could-marry-off-my-six-year-old-daughter-if-i-so-wished-senator-ahmed-yerima-replies-critics%2F&date=2013-07-22|deadurl=no}}</ref>|Nigeria has many uncountable problems and none of them is early marriage. As a matter of fact early marriage (is) the solution to about half of our problems. For those who wonder if I can give my daughter(s) out in marriage at the age of 9 or 13, I tell you most honestly, I can give her out at the age of 6 if I want to and it’s not your business. This is because I am a Muslim and I follow the example of the best of mankind, Muhammad ﺻَﻠَّﻰ ﺍﻟﻠَّﻪُ ﻋَﻠَﻴْﻪِ ﻭَﺳَﻠَّﻢَ... }} | |||
{{Quote|1=[http://www.islamqa.com/en/ref/1493/pedophile Ruling on marrying young women]<BR>Sheikh Muhammed Salih Al-Munajjid, Islam Q&A, Fatwa No. 1493|2=...it is permitted to contract marriage with a young girl and to hand her over to her husband to stay with him before she reaches adolescence.}} | {{Quote|1=[http://www.islamqa.com/en/ref/1493/pedophile Ruling on marrying young women]<BR>Sheikh Muhammed Salih Al-Munajjid, Islam Q&A, Fatwa No. 1493|2=...it is permitted to contract marriage with a young girl and to hand her over to her husband to stay with him before she reaches adolescence.}} | ||
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{{Quote|Mufti Fazlul Haque Amini|Banning child marriage will cause challenging the marriage of the holy prophet of Islam, who also married minor Ayesha, when she was just eight years old. The new law [seeking to ban child marriages] initiated by the current government [of Bangladesh] will put the moral character of the prophet into controversy and challenge. Islam permits child marriage and it will not be tolerated if any ruler will ever try to touch this issue in the name of giving more rights to women.<ref>[http://www.weeklyblitz.net/1386/islamist-leader-threatens-of-waging-jihad <!-- Backup link from Jihad Watch {{Reference archive|1=http://www.jihadwatch.org/2011/04/bangladesh-islamic-cleric-threatens-jihad-if-child-marriage-is-banned.html|2=2011-04-23}} -->Islamist leader threatens of waging Jihad] - Weekly Blitz, April 20, 2011</ref>}} | {{Quote|Mufti Fazlul Haque Amini|Banning child marriage will cause challenging the marriage of the holy prophet of Islam, who also married minor Ayesha, when she was just eight years old. The new law [seeking to ban child marriages] initiated by the current government [of Bangladesh] will put the moral character of the prophet into controversy and challenge. Islam permits child marriage and it will not be tolerated if any ruler will ever try to touch this issue in the name of giving more rights to women.<ref>[http://www.weeklyblitz.net/1386/islamist-leader-threatens-of-waging-jihad <!-- Backup link from Jihad Watch {{Reference archive|1=http://www.jihadwatch.org/2011/04/bangladesh-islamic-cleric-threatens-jihad-if-child-marriage-is-banned.html|2=2011-04-23}} -->Islamist leader threatens of waging Jihad] - Weekly Blitz, April 20, 2011</ref>}} | ||
==See Also== | ==See Also== | ||
*[[Qur'an, Hadith and Scholars:Aisha]] | |||
* [[Qur'an, Hadith and Scholars:Aisha]] | {{Hub4|Women (Primary Sources)|Women (Primary Sources)}} | ||
==References== | ==References== | ||
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[[Category:QHS]] | [[Category:QHS]] | ||
[[Category:Muhammad]] | [[Category:Muhammad]] | ||
[[Category:Women]] | |||
[[Category:Child Marriage]] | |||
[[Category:Sex]] | |||
[[Category:Shariah (Islamic Law)]] | |||
[[Category:Human rights]] | |||
[[Category:Fiqh (legal theory)]] |
Revision as of 05:03, 27 February 2021
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The sira tradition is very explicit about the fact that Muhammad married Aisha when she was six, and consummated the marriage when she was nine. As Muhammad is "al-insaan al-kaamil", this action of his has been taken by the scholars to be an example for all of mankind, and have thus decreed that such marriages are lawful for all believers. Both the Qur'an and the hadith contain regulations about when believers may have sex with underage wives who have not yet had their menses, furthor solidifying the halaal nature of the practice of consummating marriages with extremely young girls and older men.
Qur'an
Surah 65:4
The following verse allows sex with pre-pubescent married girls who have not yet menstruated.
Tafsir
Tafsirs on verse 65:4.
Sayyid Abul Ala Maududi, Tafhim al-Qur'an
Tafsir al-Jalalayn
Tafsir Ibn Abbas
Al-Wahidi, Asbab al-nuzul
In the following quote, the bold text translates as “They are those who haven’t reached the age of menstruation”. Tabrasi comments on the phrase “Wallaee Lam yahidhna” = “Those who have not menstruated yet” in the verse.
Tabrasi
In the following quote, the bold part translated as: “Those who have not menstruated yet” are young girls who have not reached the age of menstruation.
Al-Shoukani, Fath al-Qadir
Hadith
Quotes from Imam Bukhari's hadith collection, regarding verse 65:4.
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 'idda is three months.
The following is from Bukhari's chapter introduction for chapter 39, Book an-Nikkah. It appears immediately before the first and only hadith of Chapter 39, Sahih Bukhari 7:62:64 and can be seen in the Dar-us-Salam print edition, volume 7.
The following is from Fath al-Bari, the most authoritative commentary on Sahih Al-Bukhari.
Recent fatwas
December 2010 fatwa from popular Islamic website.
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
Muhammad
Married Aisha When She Was Six
Muhammad consummated his marriage with the 9 year old Aisha, while she remained pre-pubescent.
Muhammad's Companions
Umar the 2rd Caliph married Umm Kulthum at a time when she was 10-12 years old. Some sources say she was five years old.
There are many Ahadith which confirm that marriage at an early age was widespread among the companions and no one denied its permissibility. Getting married at an early age was not peculiar to the Prophet (Sallallahu Alaihi wa Sallam) as some people think, but it was general for him and for his Ummah.
The following are some of the actions of the Sahaba (companions):
1. Ali Ibn Abi Talib, may Allah be pleased with him, married his daughter, Um Kulthum to Omar Ibn Al-Khattab, may Allah be pleased with him, and she mothered a child before the death of the Prophet (Sallallahu Alaihi wa Sallam). Omar got married to her while she was young before reaching the age of puberty. This is reported by Ibn Saad in 'Al-Tabaqat'.
2. From Urwa Ibn Zubair: that Zubair, may Allah be pleased with him, married his daughter when she was very young. Reported by Saeed Ibn Mansour, in his Sunnah, and Ibn Abi Shaibah, in Al-musannaf, with a Sahih chain of narration.
Al-Shafie said in the book of Al-Um: "Many companions of the Prophet (Sallallahu Alaihi wa Sallam) married their daughters while these were still young."
Delaying the marriage of girls in many Muslim countries is something new and contradictory to what Muslims used to do over many centuries. This is because of westernization and the application of man-made laws. This caused a change in understandings and customs within a considerable number of the population, and it is absolutely not permissible to consider the customs and traditions in a given country as the standard by which people abide, and fail to obey the absolute evidences of Shariah.
In some Muslim countries, the marriage for girls has been delayed by many years beyond the age of puberty. This has indeed led to an increase in the removal of the veil from the face, and increased fornication and adultery, as well as the emergence of deviation in conduct and religion among the youth. They had become morally unstable as they lack affection, chastity, and protection their private parts from illegal sexual relations.
By delaying marriage, there is also a reduction in the number of Muslims in the Ummah, and this is contrary to the order of the Prophet (Sallallahu Alaihi wa Sallam), as he ordered us to have many children so that the Muslim nation will be greater in number than the previous nations.Islamweb, Fatwa No. 88089, June 24, 2004
Other Hadith
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."Miscellaneous
We hear a lot in the media about the marriage of underage girls. We should know that Shariah law has not brought injustice to women.[3]
Islamic Q & A Online with Mufti Ebrahim Desai, Ask-Imam, Question No. 6737
Sheikh Muhammed Salih Al-Munajjid, Islam Q&A, Fatwa No. 1493
Sheikh Muhammed Salih Al-Munajjid, Islam Q&A, Fatwa No. 1493
- The only guardians who may compel their charge to marry are a virgin bride's father or father's father, compel meaning to marry her to a suitable match (def: m4) without her consent.
- Those who may not compel her are not entitled to marry her to someone unless she accepts and gives her permission.
Whenever the bride is a virgin, the father or father's father may marry her to someone without her permission, though it is recommended to ask her permission if she has reached puberty. A virgin's silence is considered as permission.[13]
See Also
- Qur'an, Hadith and Scholars:Aisha
- Women (Primary Sources) - A hub page that leads to other articles related to Women (Primary Sources)
References
- ↑ The ‘iddah of a woman divorced by talaaq - Islam Q&A, Fatwa No. 12667
- ↑ Is it acceptable to marry a girl who has not yet started her menses? - Islam Q&A, Fatwa No. 12708
- ↑ Top Saudi cleric: OK for young girls to wed - CNN, January 17, 2009
- ↑ Carlyle Murphy - Child marriage case showcases deep splits in Saudi society - GlobalPost, April 16, 2009
- ↑ Fatwa in favour of 9-year-old girl marriage, Polemics - ANSAmed, September 8, 2008
- ↑ Moroccan theologian: Muslim girls can wed at nine - Middle East Online, September 15, 2008
- ↑ "Nigeria Child Brides-Broken Lives", Times Online, November 28, 2008 (archived), http://www.wunrn.com/news/2008/11_08/11_24_08/112408_nigeria.htm.
- ↑ "I Could Marry Off My Six Year Old Daughter If I So Wished, Senator Ahmed Yerima Replies Critics", The Nigeria Today, July 21, 2013 (archived), http://thenigeriatoday.net/i-could-marry-off-my-six-year-old-daughter-if-i-so-wished-senator-ahmed-yerima-replies-critics/.
- ↑ Saudi Marriage Official Says 1-Year-Old Brides OK - Fox News, June 2, 2008
- ↑ LBC TV (Lebanon) - June 19, 2008 - 03:08 - MEMRI TV, Video Clip No. 1798
- ↑ Islamists Fight Yemen Law Banning Child Marriage - Fox News, April 16, 2009
- ↑ Child marriage and divorce in Yemen - Jenny Cuff - BBC, November 6, 2008
- ↑ Reliance of the Traveller/Book M: Marriage - (full text online)
- ↑ Questions Related to Marriage/ Is it allowed for a father to force his daughter to marry a specific man that she does not want to marry? - Muslim Students Organization of the University of Houston
- ↑ Adil Salahi - Marriage in Islam/Marriage at an early age - Islamic Voice, Vol 12-08 No:140, August 1998
- ↑ Islamist leader threatens of waging Jihad - Weekly Blitz, April 20, 2011