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Child Marriage in Islamic Law: Difference between revisions
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{{QualityScore|Lead=4|Structure=4|Content=4|Language= | {{QualityScore|Lead=4|Structure=4|Content=4|Language=4|References=3}} | ||
[[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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{{Main|Child Marriage and Muhammad's Companions|She's too young}} | {{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>" | 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>"'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>), 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. | 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. | ||
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{{Main|Child Marriage in the Muslim World}} | {{Main|Child Marriage in the Muslim World}} | ||
Due to | Due to the legality of child marriage in Islamic law, child marriages are still permitted and practiced in many Islamic countries - and where the practice is prohibited civil law, such marriages are sometimes carried out by independent Imams who allege to be loyal to the Sharia alone. In these countries, child marriages are especially common among rural populations where girls well below the age of puberty may be wed by their guardians to older men to various ends, including the preservation of the family and girls' 'honor'. | ||
Islamic child marriages are most common Pakistan and Afghanistan, followed by countries in the Middle East and Bangladesh.<ref>[http://www.americamagazine.org/content/article.cfm?article_id=1631 America Magazine: Child Marriage in Afghanistan and Pakistan, by Andrew Bushell; March 11, 2002]</ref><ref>[http://www.americansforunfpa.org/NetCommunity/Page.aspx?pid=630 Americans For UNFPA: Virtual Slavery: The Practice of “Compensation Marriages” by Net Community of AfUNFPA; last retrieved Monday, 08 December 2008]</ref> This practice may also be prevalent to a lesser extent amongst other Muslim communities, and has even been observed among the Muslim populations of non-Muslim countries, such as the United Kingdom<ref name="Ten-fold rise in forced marriages in just four years">[http://www.dailymail.co.uk/news/article-1196955/Ten-fold-rise-forced-marriages-just-years.html Ten-fold rise in forced marriages in just four years] - The Daily Mail July 2, 2009</ref> and the United States.<ref>Christine Vendel - [http://www.kansascity.com/105/story/1557578.html?pageNum=2&mi_pluck_action=page_nav#Comments_Container Man charged with statutory rape in ‘marriage’ to 14-year-old girl] - The Kansas City Star, November 8, 2009</ref> | |||
In countries | In countries including Yemen, Bangladesh, Iran, and Northern Nigeria, attempts at reforming laws and banning child marriages have been opposed and stopped on the grounds that such a ban would be un-Islamic.<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><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><ref name="Weekly Blitz">[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><ref name="MESSAGE">Yessir - [{{Reference archive|1=http://www.abigmessage.com/child-marriage-death-of-13-year-old-bride-after-wedding.html|2=2011-10-25}} Child Marriage - Death Of 13 Year Old Bride After Wedding] - A BIG MESSAGE, April 10, 2010</ref><ref name="IRIN">[{{Reference archive|1=http://www.irinnews.org/Report.aspx?ReportId=88589|2=2011-10-25}} YEMEN: Deep divisions over child brides] - IRIN, March 28, 2010</ref> Malaysia has even passed new laws which explicitly allow for the practice of child marriages among Muslims on religious grounds.<ref name="World News Australia">[{{Reference archive|1=http://news.smh.com.au/breaking-news-world/outcry-over-malaysian-child-marriages-20100804-11fey.html|2=2011-10-25}} Outcry over Malaysian child marriages] - Sydney Morning Herald, August 4, 2010</ref> | ||
==Relevant Quotations== | ==Relevant Quotations== | ||
{{Quote|1={{Quran|65|4}}|2=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.}}{{quote |1=[http://www.tafsir.com/default.asp?sid=65&tid=54196 Exegesis on (Qur'an 65:4)]<BR>Tafsir Ibn Kathir |2= The `Iddah of Those in Menopause and Those Who do not have Menses Allah the Exalted clarifies the waiting period of the woman in menopause. And that is the one whose menstruation has stopped due to her older age. Her `Iddah is three months instead of the three monthly cycles for those who menstruate, which is based upon the Ayah in (Surat) Al-Baqarah. [see 2:228] '''The same for the young, who have not reached the years of menstruation.''' Their `Iddah is three months like those in menopause. This is the meaning of His saying.}}{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir al-Jalalayn|2= And [as for] those of your women who (read allā'ī or allā'i in both instances) no longer expect to menstruate, if you have any doubts, about their waiting period, their prescribed [waiting] period shall be three months, and [also for] '''those who have not yet menstruated, because of their young age, their period shall [also] be three months''' - both cases apply to other than those whose spouses have died; for these [latter] their period is prescribed in the verse: they shall wait by themselves for four months and ten [days] [Q. 2:234]. And those who are pregnant, their term, the conclusion of their prescribed [waiting] period if divorced or if their spouses be dead, shall be when they deliver. And whoever fears God, He will make matters ease for him, in this world and in the Hereafter.}}{{Quote|1={{Bukhari|5|58|236}}|2=Narrated Hisham's father: Khadija died three years before the Prophet departed to Medina. He stayed there for two years or so and then '''he married 'Aisha when she was a girl of six years of age, and he consumed that marriage when she was nine years old.'''}}{{Quote|1={{Bukhari|7|62|64}}|2=Narrated 'Aisha: that '''the Prophet married 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).}} | {{Quote|1={{Quran|65|4}}|2=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.}}{{quote |1=[http://www.tafsir.com/default.asp?sid=65&tid=54196 Exegesis on (Qur'an 65:4)]<BR>Tafsir Ibn Kathir |2= The `Iddah of Those in Menopause and Those Who do not have Menses Allah the Exalted clarifies the waiting period of the woman in menopause. And that is the one whose menstruation has stopped due to her older age. Her `Iddah is three months instead of the three monthly cycles for those who menstruate, which is based upon the Ayah in (Surat) Al-Baqarah. [see 2:228] '''The same for the young, who have not reached the years of menstruation.''' Their `Iddah is three months like those in menopause. This is the meaning of His saying.}}{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir al-Jalalayn|2= And [as for] those of your women who (read allā'ī or allā'i in both instances) no longer expect to menstruate, if you have any doubts, about their waiting period, their prescribed [waiting] period shall be three months, and [also for] '''those who have not yet menstruated, because of their young age, their period shall [also] be three months''' - both cases apply to other than those whose spouses have died; for these [latter] their period is prescribed in the verse: they shall wait by themselves for four months and ten [days] [Q. 2:234]. And those who are pregnant, their term, the conclusion of their prescribed [waiting] period if divorced or if their spouses be dead, shall be when they deliver. And whoever fears God, He will make matters ease for him, in this world and in the Hereafter.}}{{Quote|1={{Bukhari|5|58|236}}|2=Narrated Hisham's father: Khadija died three years before the Prophet departed to Medina. He stayed there for two years or so and then '''he married 'Aisha when she was a girl of six years of age, and he consumed that marriage when she was nine years old.'''}}{{Quote|1={{Bukhari|7|62|64}}|2=Narrated 'Aisha: that '''the Prophet married 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).}} | ||