Child Marriage in Islamic Law: Difference between revisions

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{{Main|Refutation of Modern Muslim Apologetics Against Aishas Age|l1=Refutation of Modern Muslim Apologetics Against Aisha's Age}}
{{Main|Refutation of Modern Muslim Apologetics Against Aishas Age|l1=Refutation of Modern Muslim Apologetics Against Aisha's Age}}


Some Islamic apologists have tried to cast doubt on the age of Aisha when she married and had sex with Muhammad despite the many sahih hadiths in which Aisha explicitly and directly states her age.  
Some Muslim apologists have recently claimed that Aisha was actually older than nine lunar years at time of the consummation of her marriage to Prophet Muhammad. They have attempted to explain that Aisha was in fact not nine-years-old as the Sahih hadiths of her own testimony claim, but some other ages derived from misquotations, indirect sources, fuzzy dating techniques and slander. These dubious research techniques have led to several conflicting ages to be proposed for Aisha at the time of consummation, including 12, 14, 15, 17, 18 and 21 years.  


They sometimes seek to explain that Aisha was in fact not nine-years-old as the Sahih hadiths of Aisha’s own testimony claim, but seventeen or eighteen-years-old at the time.
This article analyzes every single argument put forward by these apologists, and provides additional information on the origins and history of the "Aisha was older" apologetic arguments, and the only logical purpose behind making them.
 
The most common of these arguments is propounded by the “Learner”, or Moiz Amjad. Other transmitters of these arguments include T.O Shavanas, “Imam” Chaudhry (word-for-word plagiarism of Amjad's work), and Zahid Aziz.


On closer inspection of these polemics you will discover that the various claims can be broadly categorized into these categories; unjustified slanders against Hisham ibn Urwah and the Iraqi narrators, the use of non-sahih information to refute otherwise sahih hadiths, the use of secondary and indirect sources in preference of direct testimonies, the use of ‘imprecise’ dating in preference to specific dates and statements of age, the use of misquoted references and erroneous information, the use of incorrect logic, and personal opinion.
On closer inspection of these polemics you will discover that the various claims can be broadly categorized into these categories; unjustified slanders against Hisham ibn Urwah and the Iraqi narrators, the use of non-sahih information to refute otherwise sahih hadiths, the use of secondary and indirect sources in preference of direct testimonies, the use of ‘imprecise’ dating in preference to specific dates and statements of age, the use of misquoted references and erroneous information, the use of incorrect logic, and personal opinion.


Aisha was nine lunar years old at the time her marriage to the Islamic prophet was consummated and there is simply no valid evidence that suggests otherwise.
Aisha was nine lunar years old at the time her marriage to the Islamic prophet was consummated and there is simply no valid evidence that suggests otherwise. The majority of Muslims today, including both scholars and the general Muslim population, agree. This has been the mainstream Muslim understanding throughout Islam's 1,400 year history, and many of these honest Muslims take offense to these lies propagated by Muslim apologists who are embarrassed by their own prophet's actions.
 
The vast majority of Muslims today also agree with this, and many of these honest Muslims take offense to these lies propagated by western Muslim apologists who are embarrassed by their own prophet's actions.


===Muhammad's Companions and Pedophilia===
===Muhammad's Companions and Pedophilia===
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{{Main|Contemporary Pedophilic Islamic Marriages}}
{{Main|Contemporary Pedophilic Islamic Marriages}}


Because of its many endorsements within Islamic scripture, child marriages are permitted by the majority of Muslim scholars and leaders, and in many Islamic countries it is common practice.  
Due to its many endorsements within Islamic scripture, child marriages are permitted by the majority of Muslim scholars and leaders, and in many Islamic countries it is common practice.  
{{Quote|1=[http://news.bbc.co.uk/2/hi/middle_east/7711554.stm Sheikh Hamoud Hashim al-Tharihi, general secretary of the Vice and Virtue Committee and member of the Islah Party in Yemen]|2=Because this happened to the Prophet, we cannot tell people that it is prohibited to marry at an early age.}}
Girls far below the age of puberty are forcibly married to older persons (sometimes in their 50s and later) for various personal gains by the girls' guardian or with the intention to preserve family honor by helping her avoid pre-marital sex.  
Girls far below the age of puberty are forcibly married to older persons (sometimes in their 50s and later) for various personal gains by the girls' guardian. Pedophilic Islamic marriages are most prevalent in Pakistan and Afghanistan, followed by other 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 is worryingly on the rise among the growing Muslim populations in many Western 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> There are many reasons and justification that may be given by the world-wide practitioners of pedophilic Islamic marriages, the common denominator being Islam. In August, 2010, the Malaysian State of southern Malacca legalized child marriages specifically between Muslim men and Muslim girls ''below'' the age of 16. In a country where Muslims now amount to 60% of the total population, they enforce "Sharia law which operates in parallel with the civil legal system." Ivy Josiah, the executive director of the ''Women's Aid Organisation'', says "It is really a regressive move. It is turning back the clock." <ref>[http://www.sbs.com.au/news/article/1319257/Outcry-over-Malaysian-child-marriages Outcry over Malaysian child marriages] - World News Australia, August 4, 2010</ref> News like this leaves one wondering what will happen to child abuse laws in Western countries once Muslims form a sizeable portion of the population.  
 
Pedophilic Islamic marriages are most prevalent in Pakistan and Afghanistan, followed by other 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 is on the rise among the growing Muslim populations in many 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 like 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> and in the case of Malaysia, the growing Muslim population has effectively turned back the clock on social progress by passing new laws which allow for the practice of pedophilic marriages specifically between followers of Islam.<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>  
 
So one has to agree that whatever reasons and justification people may give for the prevalence of child marriages in Muslim-majority nations, without Islam this practice would have long been discarded as immoral and unacceptable in the modern world.  


==Miscellaneous==
==Miscellaneous==
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{{Main|The Meaning of Consummate}}
{{Main|The Meaning of Consummate}}


A growing number of Muslims (primarily in the West) cannot bring themselves to accept the narrations given by Aisha in which she states that she was married to Muhammad when she was six years old and that he consummated his marriage with her when she was nine years of age, even though these are recorded in Bukhari's [[sahih]] [[Hadith|ahadith]] collection. These Muslims will usually resort to questioning the English translation <ref>[{{Compendium-of-muslim-texts-base-url}}/hadith/muslim/ USC's Compendium of Muslim texts - translated by Dr. Mushin Khan]</ref> of Dr. Mushin Khan, without addressing the ahadith in their original Arabic. A reading of the relevant Bukhari ahadith make it clear that Muhammad had sexual intercourse with Aisha when she was nine years of age. The terms used are: "udkhilath" and "bana biha", which can only mean "sexual intercourse" in the context of the ahadith. The confusion from Muslims regarding this comes from their lack of understanding regarding the English phrase "consummation of marriage", their ignorance of Arabic and their unwillingness to admit that their prophet had sexual intercourse with a nine year old child. Instead of attacking the English phrase "consummation of the marriage", it might better serve Muslim apologists to read the relevant ahadith in the original Arabic before venturing a rebuttal.
Some Muslim apologist refuse to accept the existence of narrations given by Aisha in which she states that she was married to Prophet Muhammad when she was six years old and that he consummated his marriage with her when she was nine lunar years of age, even though these are recorded in Bukhari's sahih ahadith collection.
 
These apologists will usually resort to questioning the English translation of Dr. Mushin Khan, without addressing the ahadith in their original Arabic. A reading of the relevant Bukhari ahadith make it clear that Muhammad had sexual intercourse with Aisha when she was nine years of age.  
 
The terms used are: "udkhilath" and "bana biha", which can only mean "sexual intercourse" in the context of the ahadith. The confusion from Muslims regarding this comes from their lack of understanding regarding the English phrase "consummation of marriage", their ignorance of Arabic and their unwillingness to admit that their prophet had sexual intercourse with a nine year old child.  


===Islamic Writing and Pedophilia===
===Islamic Writing and Pedophilia===
{{Main|Qur'an, Hadith and Scholars:Pedophilia|Qur'an, Hadith and Scholars:Aisha}}
{{Main|Qur'an, Hadith and Scholars:Pedophilia|Qur'an, Hadith and Scholars:Aisha}}


There are many references to the permissibility of pedophilia, to be found in authentic Islamic scripture.
There are many references in authentic Islamic scripture concerning the permissibility of pedophilia.


{{Quote|{{Bukhari|7|62|63}}|Narrated Sahl bin Sad:  
{{Quote|{{Bukhari|7|62|63}}|Narrated Sahl bin Sad:  
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{{Main|Joseph the Pedophile|l1=Joseph the Pedophile|A Refutation of 'The Islamophobe's Glass House'}}
{{Main|Joseph the Pedophile|l1=Joseph the Pedophile|A Refutation of 'The Islamophobe's Glass House'}}


This article refutes the claim that Joseph, the husband of Mary (the mother of Jesus Christ), was a pedophile, a popular yet erroneous tu quoque argument used to defend Prophet Muhammad's pedophilic marriage to Aisha. Upon reading the non-canonical apocrypha, the Christian equivalent of da`if (weak) or maudu (fabricated) hadith, we find it does not say Mary married Joseph when she was aged only 12. It in fact says she was possibly 17 years of age at the time the marriage was eventually consummated, if ever (Mary's perpetual virginity, the belief that Mary remained a virgin her entire life, is an essential article of faith for the majority of the world's Christians). The most decisive argument against the claim that Joseph was a pedophile is the fact that the same non-canonical writings which are used to gather information on Joseph and Mary's age, also confirm Mary's status as "ever virgin" (in The History of Joseph the Carpenter, Jesus says on Joseph's death "my mother, virgin undefiled").
This article refutes the claim that Joseph, the husband of Mary (the mother of Jesus Christ), was a pedophile, a popular yet erroneous tu quoque argument used to defend Prophet Muhammad's pedophilic marriage to Aisha.
 
Upon reading the non-canonical apocrypha, the Christian equivalent of da`if (weak) or maudu (fabricated) hadith, we find it does not say Mary married Joseph when she was aged only 12. It in fact says she was possibly 17 years of age at the time the marriage was eventually consummated, if ever.
 
The most decisive argument against the claim that Joseph was a pedophile is the fact that the same non-canonical writings which are used to gather information on Joseph and Mary's age, also confirm Mary's status as "ever virgin" (in The History of Joseph the Carpenter, Jesus says on Joseph's death "my mother, virgin undefiled").


===Muhammad a Pedophile? Another Look===
===Muhammad a Pedophile? Another Look===
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A second look at the question; was Muhammad a pedophile? One of the most disturbing things about Islam is that it does not categorically condemn pedophilia. Indeed, it cannot, for to do so would draw attention to the pedophilia of Muhammad, the founder of Islam. Many Muslims cannot condemn pedophilia even if they would like to, for they would have to abandon Islam. Muslims tacitly approve of pedophilia, even if they are embarrassed to say so. So mesmerized are Muslims by the example of Muhammad's pedophilia that they are unable to categorically denounce pedophilia or feel shame. It is prevalent in many Muslim countries disguised as child marriage. The UN is today trying to stop the evil of child marriage among the backward Islamic regions of Asia and Africa. The future of some 300 million young girls depends on it.
A second look at the question; was Muhammad a pedophile? One of the most disturbing things about Islam is that it does not categorically condemn pedophilia. Indeed, it cannot, for to do so would draw attention to the pedophilia of Muhammad, the founder of Islam. Many Muslims cannot condemn pedophilia even if they would like to, for they would have to abandon Islam. Muslims tacitly approve of pedophilia, even if they are embarrassed to say so. So mesmerized are Muslims by the example of Muhammad's pedophilia that they are unable to categorically denounce pedophilia or feel shame. It is prevalent in many Muslim countries disguised as child marriage. The UN is today trying to stop the evil of child marriage among the backward Islamic regions of Asia and Africa. The future of some 300 million young girls depends on it.


===Proof that Aisha was Still Pre-pubescent Aged Fifteen===
===Aisha was Still Pre-pubescent Aged Fifteen===
{{Main|Aisha and Puberty}}
{{Main|Aisha and Puberty}}


The doll-playing exegesis used in "Aisha's Age of Consummation" in itself proves Aisha's status as pre-pubescent at the time of the consummation of her marriage to Muhammad, but most Muslims are unaware that the Sahih ahadith say that Aisha, was below the age of puberty when she was at least fourteen years old, and remained in that state till the age of sixteen. This is because they have never read the Sahih ahadith in Arabic. The narrators of the Sahih ahadith were not ashamed that Muhammad had married and had sexual relations with Aisha when she was below the age of puberty. Hence, from the original Arabic, it is clear that Aisha was below the age of puberty at the age of 14 (at the time of the raid on the Bani Mustaliq) or 15 (at the time of the Ethiopian slaves dancing incident), and begun her first menstrual period at the age of 16 (during the journey for hajj).  
The doll-playing exegesis used in "Aisha's Age of Consummation" in itself proves Aisha's status as pre-pubescent at the time of the consummation of her marriage to Muhammad, but most Muslims are unaware that the Sahih ahadith say that Aisha, was below the age of puberty when she was at least fourteen years old, and remained in that state till the age of sixteen. This is because they have never read the Sahih ahadith in Arabic.  
 
The narrators of the Sahih ahadith were not ashamed that Muhammad had married and had sexual relations with Aisha when she was below the age of puberty. Hence, from the original Arabic, it is clear that Aisha was below the age of puberty at the age of 14 (at the time of the raid on the Bani Mustaliq) or 15 (at the time of the Ethiopian slaves dancing incident), and begun her first menstrual period at the age of 16 (during the journey for hajj).  


==See Also==
==See Also==
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*[[Quotes on Muhammad relating to Pedophilia]]
*[[Quotes on Muhammad relating to Pedophilia]]
*[[Islam and Bestiality]]
*[[Islam and Bestiality]]
*[[Muslim Statistics (Children)]]
{{Hub4|Children|Children}}


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