Child Marriage in the Qur'an: Difference between revisions

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Child Marriage in the Qur'an (view source)

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Few 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.  
Few 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.  


But contrary to these modern Islamic advocates, 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). And their arguments are as follows:
But contrary to these modern Islamic advocates, 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). Islamqa.com, one of the largest Fatwa sites on the internet, refutes apologists’ claims on the verse:


Firstly, this verse is talking about the "male orphans" and not about the "female orphans". It becomes evident from the Arabic word بَلَغُوا (balaghū) in this verse, and the Arabic grammar used in it is (3rd person '''masculine''' plural perfect verb). This Arabic grammar could be seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=4&verse=6 Corpus Quran Website].  
{{quote|https://islamqa.info/ar/answers/256830/ليس-للنكاح-سن-معين-وبيان-المراد-بقوله-تعالى-حتى-اذا-بلغوا-النكاح|This verse explains that an orphan’s money is given to him/her after they reach puberty and attain sound judgement. What’s meant by sound judgment is sound management of money. This can only happen after puberty.  


Thus the exact translation of this verse becomes: "''And test the ('''male''') orphans until they reach the age of (doing) the '''sexual intercourse (i.e. Nikah)'''. Then if you perceive in them sound judgement, release their property to them ...''."
“Reaching Nikah” means reaching puberty which is known through sings 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 orphangirls, 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. ”.  


Secondly, it becomes even more evident from another verse of Quran 17:34:
This verse proves it’s allowed to marry an orphan. 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) “
https://sunnah.com/bukhari:6965
Ibn Hajar commented on this Hadith saying: “It shows it’s allowed to marry orphans who haven’t reached puberty. Because after puberty they can’t be called orphans.”
}}


{{Quote|{{Quran|17|34}}|وَلَا تَقْرَبُوا۟ مَالَ ٱلْيَتِيمِ إِلَّا بِٱلَّتِى هِىَ أَحْسَنُ حَتَّىٰ يَبْلُغَ '''أَشُدَّهُۥ''' ۚ </br>
Come not nigh to the orphan's property except to improve it, until he attains the age of '''full strength'''}}


The word أَشُدَّهُ (full strength) in this verse means the age when a young boy starts feeling the desire/strength of doing sexual intercourse.
Hadiths also refute 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:
 
And the Arabic grammar in the word يَبْلُغَ in this verse is '''"3rd person masculine singular imperfect verb"''', which again points out that this verse is talking about the "male orphans" only. This Arabic grammar could be again seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=17&verse=34 Corpus Quran Website].
 
It should be noted that:
 
*As far as Shari'i 'aqd an-Nikaah (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 Shari'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.
 
Thus, the Shar'i Nikah has nothing to do with the أَشُدَّهُ (strength), as Muhammad did this Shar'i Nikah with 6 years 'Aisha.  
 
Actually, even 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:


{{Quote|{{Bukhari|||6130|darussalam}}|Narrated `Aisha:
{{Quote|{{Bukhari|||6130|darussalam}}|Narrated `Aisha:
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