๐๐จ๐๐ฌ ๐๐ฌ๐ฅ๐๐ฆ ๐๐ฅ๐ฅ๐จ๐ฐ ๐ฆ๐๐ซ๐ซ๐ข๐๐ ๐ ๐ฐ๐ข๐ญ๐ก ๐ฉ๐ซ๐๐ฉ๐ฎ๐๐๐ฌ๐๐๐ง๐ญ ๐ ๐ข๐ซ๐ฅ๐ฌ?
Mohamad Mostafa Nassar
Twitter:@NassarMohamadMR

It is claimed that Qurโan in 65:4 allows prepubescent girls to be married off:

ููุงููุงููุฆูู ููุฆูุณููู ู ููู ุงููู ูุญููุถู ู ูู ูููุณูุขุฆูููู ู ุฅููู ุงุฑูุชูุจูุชูู ู ููุนูุฏููุชูููููู ุซููููุซูุฉู ุฃูุดูููุฑู ููุงูููููุชูู ููู ู ููุญูุถููู ููุฃููููููุชู ุงูุงููุญูู ูุงูู ุฃูุฌูููููููู ุฃูู ููุถูุนููู ุญูู ูููููููู ููู ูู ููุชูููู ุงูููููู ููุฌูุนูู ููููู ู ููู ุฃูู ูุฑููู ููุณูุฑุงู
And those who no longer expect menstruation among your women โ 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 โ He will make for him of his matter ease.
A number of commentaries are shown to confirm that marriage with those who have not menstruated can be done. I have not quoted any of these as this paper does not argue against them and it tackles only the relevant part i.e. intercourse with prepubescent girls.
What the scholars say is admitted by Muslims without question and this paper does not divert from the classical Islamic position in any way.
Who are included in those who have not menstruated?
- Those women who do not menstruate due to medical condition. Either their process is delayed or it does not take place at all. This verse includes them and this is natural and understandable.
- Those women who have not menstruated and there is no medical condition. This category of women is the subject of controversy and is discussed further below.
Why does Islam allow marrying those who have not menstruated?
Before proceeding, what must be understood is that Islam differentiates between marriage and consummation.
Marriage is something similar to what we call engagement in our times. The different cultures consider it differently and we today consider the ancient Arab custom of this marriage as an engagement.
The Prophet (๏ทบ) married Aisha (ุฑุถู ุงููู ุนููุง) when she had not reached puberty i.e. he got engaged to her while she continued to live in her own home with her parents. Such a marriage is akin to engagement in our times. Hence, we see that engagement with a minor is allowed (with conditions elaborated below) while intercourse is not.
One may counter argue that the verse (Q.65:4) says that those who have not menstruated must wait for three months when they are divorced while the verse (Q.33:49) states that there is no waiting period for those who have not consummated their marriage:
ูุฃููููููุง ุงูููุฐูููู ุกูุงู ููููุงู ุฅูุฐูุง ููููุญูุชูู ู ุงููู ูุคูู ููููุชู ุซูู ูู ุทููููููุชูู ููููููู ู ูู ููุจููู ุฃูู ุชูู ูุณูููููููู ููู ูุง ููููู ู ุนูููููููููู ู ููู ุนูุฏููุฉู ุชูุนูุชูุฏูููููููุง ููู ูุชููุนููููููู ููุณูุฑููุญููููููู ุณูุฑูุงุญุงู ุฌูู ูููุงู
O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release [Q.33:49].
Since Q.33:49 states that those married women who havenโt consummated their marriage have no waiting period and Q.65:4 states that those who havenโt menstruated must wait for three months until they can remarry, it is evident that those who have not menstruated in Q.65:4 refer to those who have consummated their marriage. Hence, it is claimed that the women mentioned in Q.65:4 are consummated minors.
This is an appeal from silence. It may work if there is no explicit text to the contrary. However, the truth is that Islam explicitly forbids intercourse with minors. The women who fall under Q.65:4 are those who have reached puberty and the age of maturity but have not menstruated for whatever reasons. If they are divorced after consummation of marriage, they wait for three months till they can remarry.
Since the scholars are clear that Q.65:4 also includes prepubescent girls, how is one to understand this verse? The fact that it is permissible to marry a young girl does not mean that it is permissible to have intercourse with her; rather that should not be done until she is able for it.
A girl may reach the age where she develops desire for physical intimacy and has developed a body for the purpose as well but only lacks menstruation; in such a case, Islam does not hold her from the right to intimacy. Scholars have a consensus that intercourse must not be done when the girl cannot bear it โ it must not take place before the age when she develops desire for intimacy.
The great scholars of Islam, after which schools have developed, Maalik, al-Shaafaโi and Abu Hanifah have said that the marriage may be consummated when the girl is able for intercourse, which varies from one girl to another, so no age limit can be set (in the Shariah). If countries lay down laws stipulating a minimum age, Islam does not stop us from honoring them.
With regard to consummation of the marriage with a minor, it does not become permissible by merely drawing up the marriage contract; rather the husband should not consummate the marriage with her until she is able to have intercourse, which is not necessarily at puberty.
This is something that varies from one environment and time to another. With regards to that, Shariah pays attention to physical makeup. [*]
It should be noted that al-Shafiโi and his companions said: It is preferable for fathers and grandfathers not to marry off a virgin until she reaches the age of puberty and they ask her permission, lest she end up in a marriage that she dislikes.
What they said does not go against the Hadith of Aisha, because what they meant is that they should not marry her off before she reaches puberty if there is no obvious interest to be served that they fear will be missed out on if they delay it, as in the Hadith of Aisha.
In that case it is preferable to go ahead with the marriage because the father is enjoined to take care of his childโs interests and not to let a good opportunity slip away.[*]
What does best interest of the girl mean?
ููู ุฐูุฑ ุจุนุถ ุงูุนูู ุงุก ุงูุฅุฌู ุงุน ุนูู ุฃู ูู ุฃู ูุฒูุฌูุงุ ู ุณุชุฏููู ุจุญุฏูุซ ุนุงุฆุดุฉ ู ุฑุถู ุงููู ุนููุง ูุ ููุฏ ุฐูุฑูุง ุงููุฑูุ ููุงู ุงุจู ุดุจุฑู ุฉ ู ู ุงููููุงุก ุงูู ุนุฑูููู: ูุง ูุฌูุฒ ุฃู ูุฒูุฌ ุงูุตุบูุฑุฉ ุงูุชู ูู ุชุจูุบ ุฃุจุฏุงูุ ูุฃููุง ุฅู ูููุง ุจุดุฑุท ุงูุฑุถุง ูุฑุถุงูุง ุบูุฑ ู ุนุชุจุฑุ ููุง ูููู ุจุงูุฅุฌุจุงุฑ ูู ุงูุจุงูุบุฉ ููุฐู ู ู ุจุงุจ ุฃูููุ ููุฐุง ุงูููู ูู ุงูุตูุงุจุ ุฃู ุงูุฃุจ ูุง ูุฒูุฌ ุจูุชู ุญุชู ุชุจูุบุ ูุฅุฐุง ุจูุบุช ููุง ูุฒูุฌูุง ุญุชู ุชุฑุถู.
ููู ูู ูุฑุถูุง ุฃู ุงูุฑุฌู ูุฌุฏ ุฃู ูุฐุง ุงูุฎุงุทุจ ููุกุ ููู ูุจูุฑ ุงูุณูุ ููุฎุดู ุฅู ุงูุชูู ุฅูู ุงูุขุฎุฑุฉ ุตุงุฑุช ุงูุจูุช ูู ููุงูุฉ ุฅุฎูุชูุง ุฃู ูุชูุงุนุจูุง ุจูุงุ ูุฃู ูุฒูููุฌููุง ุญุณุจ ุฃููุงุฆูู ุ ูุง ุญุณุจ ู ุตูุญุชูุงุ ูุฅู ุฑุฃู ุงูู ุตูุญุฉ ูู ุฃู ูุฒูุฌูุง ู ู ูู ููุก ููุง ุจุฃุณ ุจุฐููุ ูููู ููุง ุงูุฎูุงุฑ ุฅุฐุง ูุจุฑุชุ ุฅู ุดุงุกุช ูุงูุช: ูุง ุฃุฑุถู ุจูุฐุง ููุง ุฃุฑูุฏู.
ูุฅุฐุง ูุงู ุงูุฃู ุฑ ูุฐูู ูุงูุณูุงู ุฉ ุฃูุง ูุฒูุฌูุงุ ูุฃู ูุฏุนูุงุฅูู ุงููู ู ุนุฒู ูุฌู ู ูุฑุจู ุง ุฃูู ุงูุขู ูุฑู ูุฐุง ุงูุฑุฌู ููุฆุงู ุซู ุชุชุบูุฑ ุญุงู ุงูุฑุฌูุ ูุฑุจู ุง ูุฃุชู ุงููู ููุง ุนูุฏ ุจููุบูุง ุงูููุงุญ ุจุฑุฌู ุฎูุฑ ู ู ูุฐุง ุงูุฑุฌูุ ูุฃู ุงูุฃู ูุฑ ุจูุฏ ุงููู ู ุณุจุญุงูู ูุชุนุงูู ู.
Ibn Taymiyyah narrated from Ibn Shubrumah that he said: It is not permissible to arrange a marriage for a young girl who has not reached the age of puberty, because if we say that that is subject to her consent, her consent does not count (because she is too young to make such decisions), and when she does reach the age of puberty we believe that she should not be forced into a marriage.
Ibn Taymiyyah said: This view is the correct one, that the father should not arrange a marriage for his daughter until she reaches the age of puberty, and when she reaches the age of puberty he should not arrange a marriage unless she gives her consent.
But if we assume that a man regards this suitor as compatible and he (the father) is old, and there is the fear that if he passes away and guardianship of the girl passes to her brothers, they may not take the matter of her marriage seriously
and they may arrange her marriage according to their whims and desires, not according to what is in her best interests, and he thinks that it is in her best interests to arrange her marriage to someone who is compatible, there is nothing wrong with that, but she will have the choice when she grows up; if she wishes she may say: I do not agree to this and I do not want it.
If the matter is like this, then the safest option is not to arrange her marriage and to entrust her to Allah, may He be glorified and exalted. Perhaps now he thinks that this man is compatible but then the manโs situation may change, and perhaps when she reaches the age of marriage Allah will bring her a man who is better than this man, because all things are in the hand of Allah, may He be glorified and exalted. [Al-Sharh al-Mumtiโ, 12/57-59]
There is no forced marriage
Islam neither allows nor recognizes forced marriages. The Prophet (๏ทบ) said:
ุงูุซูููููุจู ุฃูุญูููู ุจูููููุณูููุง ููุงููุจูููุฑู ููุณูุชูุฃูู ูุฑูููุง ุฃูุจููููุง
A previously married woman has more right (to decide) about herself (with regard to marriage) (than her guardian), and a virgin should be consulted by her father. [Sunan an-Nasaโi 3264]
ูุงู ุชูููููุญู ุงููุจูููุฑู ุญูุชููู ุชูุณูุชูุฃูุฐููู
A virgin should not be given in marriage until her permission is granted. [Sahih al-Bukhari 6970]
๐๐ก๐ ๐๐ข๐๐ฅ๐ ๐๐๐ข๐ฅ๐ฎ๐ซ๐ ๐ญ๐จ ๐๐ซ๐จ๐ก๐ข๐๐ข๐ญ ๐จ๐ซ ๐๐จ๐ง๐๐๐ฆ๐ง ๐๐๐๐จ๐ฉ๐ก๐ข๐ฅ๐ข๐ ๐๐๐ฌ๐ฉ๐ข๐ญ๐ ๐จ๐ญ๐ก๐๐ซ ๐ฌ๐๐ฑ๐ฎ๐๐ฅ ๐ฉ๐ซ๐จ๐ก๐ข๐๐ข๐ญ๐ข๐จ๐ง๐ฌ
Note:
The hypocritical abhorrent stance of anti-Islam is really mind-boggling for the very simple fact, that they are themselves are fruits of very young marriages, so all humanity are the fruits of very young marriages as well.
Hundred years ago, people everywhere around the world used to get married as soon as the girl reaches puberty. There is a very famous confirmed case for the youngest confirmed mother in history in Spain.
The motherโs age was around five years old when she gave birth. The motherโs name was Lina Medina. Lina Marcela Medina de Jurado (Spanish pronunciation: [หlina meหรฐina]; born 23 September 1933) is a Peruvian woman who became the youngest confirmed mother in history when she gave birth aged five years, seven months, and 21 days. Based on the medical assessments of her pregnancy, she was less than five years old when she became pregnant, which was possible due to precocious puberty
For more information about Lina Medina click Here
More than 200,000 children married in US over the last 15 years read here
Christian People or people from Christian backgrounds having sex with houses is on the rise in Switzerland which is a Christian country with a cross on its flag.
The Age of Marriage and Sex in the Bible
Bible: Does Numbers 31:18 Sanction Pre-Pubescent Marriages (Child Marriage)?
Conclusion
- Girls who have not yet reached puberty may be married (or engaged as per our modern standards) by their guardian depending only on some strict conditions
- When this marriage takes place, she is not sent over to the husband (or fiancรฉ as per our modern standards) but stays with her parents or guardians
- The girl has the right to accept or turn it down when she reaches the age of maturity
- There is no concept of forced marriage in Islam
- Intercourse with a girl that has not reached the age of maturity is not allowed in Islam
- There is no specific age limit set as a minimum for marriage and varies from person to person
Related reading
Indeed, Allah knows best.
Why Prophet Muhammad married Aisha when she was only 9?
Marrying Prepubescent Girls in Islam ?
Is there a set age for marriage in Islam? Age of Marriage in Islam?
Marriage Age in Christian Lands in the Past.
Our Mother Aishaโs statement โYour Lord hastens in fulfilling your desiresโ explained
Quran 65:4 โ The Child Marriage Claim
The Neurobiology and Psychology of Pedophilia – NCBI
Bible: Child Marriage in Ancient Israelite times โ Paedophilia?
Minimum Age For Marriage In The Quran
Is there a set age for marriage in Islam? Age of Marriage in Islam?
Aspects of Wisdom in Prophet Muhammadโs Multiple Marriages