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Forced Marriage: Difference between revisions
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Baugh discusses these and similar reports. Jurists claimed that Khidam's daughter was not a virgin but had been previously married, and this was the reason why Muhammad allowed her request, though Baugh argues that the jurists' assumption about her is questionable.<ref>Carolyn Baugh,''Minor Marriage in Early Islamic Law'', pp. 65-66, 84-85</ref> | Baugh discusses these and similar reports. Jurists claimed that Khidam's daughter was not a virgin but had been previously married, and this was the reason why Muhammad allowed her request, though Baugh argues that the jurists' assumption about her is questionable.<ref>Carolyn Baugh,''Minor Marriage in Early Islamic Law'', pp. 65-66, 84-85</ref> | ||
===Option of puberty to annul the marriage=== | ===Option of puberty to annul the marriage in Hanafi and Hanbali law=== | ||
In all schools of classical Islamic law, a father was allowed to enter his pre-pubescent virgin child into a marriage contract without consent. | In all schools of classical Islamic law, a father was allowed to enter his pre-pubescent virgin child into a marriage contract without consent. In Hanafi law and among some Hanbalis,<ref> Kecia Ali (2022), Marriage in Classical Islamic Jurisprudence: A survey of Doctrines" in (eds.) A. Quraishi and F. E. Vogel, ''The Islamic Marriage Contract: Case Studies in Islamic Family Law'', Harvard University Press, page 18</ref> when the child reached the age of puberty he or she could exercise the "option of puberty" (khiyar al-bulugh) to repudiate the marriage, but only if it was entered into negligently, fraudulently or by someone who was not the father (nor grandfather according to Hanafis). The option was also lost to a virgin female who has reached puberty and who had taken no action or remained silent for what is considered a reasonable time after being informed of the contract. A male child retained his option in the same circumstances until he actively approved of the marriage <ref>Esposito, John L. (2001) "Women in Muslim Family Law (2nd Edition)", New York: Syracuse University Press, pp.16-17</ref><ref>Ali, S. M. (2004) "The Position of Women in Islam: A Progressive View", New York: State University of New York Press, pp.40-41</ref> | ||
A famous manual of Hanafi fiqh (law), ''Mukhtasar Al Quduri'', sets out the position of the school founded by Abu Hanifa: | A famous manual of Hanafi fiqh (law), ''Mukhtasar Al Quduri'', sets out the position of the school founded by Abu Hanifa: | ||
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{{Quote|''Chapters on Marriage and Divorce: Responses of Ibn Ḥanbal and Ibn Rāhwayh'' Chapter 3 (Abdullah) §18, translated by Susan Spectorsky, University of Texas Press, 1993<ref name="Spectorsky" />|I asked my father about a man who gives his underage daughter in marriage. “Can she opt [to turn down the marriage] when she is of age?” He said, “She cannot exercise this option if her father gave her in marriage. If she could, then ʿĀʾisha could have with regard to the Prophet, because the Prophet married her when she was six or seven years old, had intercourse with her when she was nine, and died when she was eighteen.”}} | {{Quote|''Chapters on Marriage and Divorce: Responses of Ibn Ḥanbal and Ibn Rāhwayh'' Chapter 3 (Abdullah) §18, translated by Susan Spectorsky, University of Texas Press, 1993<ref name="Spectorsky" />|I asked my father about a man who gives his underage daughter in marriage. “Can she opt [to turn down the marriage] when she is of age?” He said, “She cannot exercise this option if her father gave her in marriage. If she could, then ʿĀʾisha could have with regard to the Prophet, because the Prophet married her when she was six or seven years old, had intercourse with her when she was nine, and died when she was eighteen.”}} | ||
===Marital rape=== | ===Marital rape=== | ||