Is there a set age for marriage in Islam?  Age of Marriage in Islam?


Questions

1) I would like to know whether there is a set age for marriage in Islam for men and women? I hope you can explain with reference to the Qur’an and sahih hadiths= Authentic statement of Prophet Muhammed.?

2) Why Islam allowed to marry children(girls) of age below 10 without their permission (it is said that in the case of children, it requires the concern of their parents only. I also know it requires permission in the case of adults).

Actually, marriage has to take place between the persons, who have even a little maturity in the case of children it not happenchance you justify this ruling of Islam (Child marriage)?

Answer to first question:

Praise be to Allah.

Before answering you need to know that Our Beloved Prophet Muhammed peace be upon him, NEVER EVER married one of the following: –

1) Any woman against her will.

2) Never married any woman prior to reaching puberty.

3) Never forced any woman to be Muslim.

4) None of his wives, runaway and sided with his enemies.

5) None of his wives, denounced Islam and returned to her old religion.

6) None of Arab Pagans, Jews, Christians, and atheists at the time EVER criticised him for such marriages, simply because it was a very common and acceptable tradition of the day.

7) Almighty Allah ordered Prophet Muhammed in all his marriages and particularly his young wife Mrs. Aisha because she was much more mature than her age and super intelligent enough to be able to document lots and lots of his religious statements and pass them on to the rest of the women.

8.)The father of Prophet Muhammed’s young wife Mrs. Aisha Never sold her, simply because he was a very wealth Muslim man and donated for the Sake of Islam.

9) Mrs. Aisha HERSELF stated that she was happy with the marriage, and she lived over forty years after Prophet Muhammed passed away and NEVER left Islam nor sided with enemies of Islam and Never married again.

10) None of your Business to speak about a marriage occurred between two consenting people who are mature above puberty, their families are accepting, all their communities are okay with it.

11) Lady Safiyyah married Prophet Muhammed peace be upon him after she knew he was the last and Final Prophet from her Jewish tribe who tried to Kill the Prophet because they hated the fact that Almighty Allah chose him from Arabs and NOT from Jews.

Lady Safiyyah heard her Jewish father saying Yes , Prophet Muhammed is a Prophet from Almighty Allah, but he will not accept that, Because Jews will lose power. And finally, NONE of their enemies attacked them for that marriage at the time. Who are you to come today invent something that was never there?

If you are Christian, you believe that God/son of God was carried by a girl her age was between 10- 12 years old

Firstly: 

Islam does not give a specific age for marriage, either for the husband or for the wife. Allah, may He be exalted, says (interpretation of the meaning):

“And for such of your women as despair of menstruation, if ye doubt, their period (of waiting) shall be three months, along with those who have it not”

[al-Talaq 65:4]. 

Al-Sa‘di (may Allah have mercy on him) said: “along with those who have it [menses] not” means minors, those who have not yet started to menstruate. Adult women who have never menstruated at all are like those who “despair of menstruation” (i.e., have passed menopause); their ‘iddah is three months. End quote. 

Tafseer al-Sa‘di, p. 870 

The Prophet (blessings and peace of Allah be upon him) married ‘A’ishah (may Allah be pleased with her) when she was six years old, and the marriage was consummated when she was nine years old. Narrated by al-Bukhari (4840) and Muslim (1422). 

Ibn Qudaamah (may Allah have mercy on him) said in al-Sharh al-Kabeer, 7/386: 

Regarding females, the father may give his minor, virgin daughter who has not yet reached the age of nine in marriage, and there is no difference of opinion concerning that, if he gives her in marriage to someone who is compatible. Ibn al-Mundhir said:

All those scholars from whom we acquired knowledge unanimously agreed that it is permissible for a father to give his minor daughter in marriage if he arranges her to someone who is compatible, and it is permissible for him to do that even if she is reluctant. End quote. 

Secondly: 

No one may give a minor daughter in marriage except her father according to the view of Maalik and Ahmad. This was also the view of al-Shafi’i, but he regarded the grandfather as being like the father in that regard. Abu Haneefah said – and it was also narrated from Ahmad – that it is permissible for a guardian other than the father to give (the minor girl) in marriage, but the more correct view is the former one.

See: al-Mughni, 7/33 

Thirdly: 

The father should not give a minor daughter in marriage except in a case where he thinks it is in her best interests. Just as he may only dispose of her wealth in that which is in her best interests, the same applies regarding arranging her marriage.

Islam only permits that to the Muslim father who is pious and pays proper attention to the best interests of his children, and who understands very well that he is a shepherd and that he is responsible for his flock. 

Ibn Wahb narrated that Maalik said, regarding a man arranging a marriage for an orphan girl under his care: If he thinks that (the husband) is a man of virtue, righteousness and wisdom, it is permissible for him to do that. 

Ahkaam al-Qur’aan by al-Jassaas, 2/342 

Fourthly: 

A man should not consummate marriage with his young bride until she is physically able to bear intercourse. This varies from one time, place, and environment to another. 

What young men and guardians of girls should do is haste to arrange marriages, to guard chastity and protect honour, and so as to attain the great purposes for which Allah ordained marriage. 

Allah knows Best.

Answer to the second question

2) Why Islam allowed to marry children(girls) of age below 10 without their permission (it is said that in the case of children, it requires the concern of their parents only. I also know it requires permission in the case of adults).

Actually, marriage has to take place between the persons, who have even a little maturity in the case of children it not happenchance you justify this ruling of Islam (Child marriage)?

Answer

Marrying a young girl before she reaches the age of adolescence is permitted in sharī’ah=Islamic Law; indeed, it was narrated that there was scholarly consensus on this point. 

(a)Allah says (interpretation of the meaning):

“And those of your women as have passed the age of monthly courses, for them the ‘Iddah (prescribed period), if you have doubt (about their periods), is three months; and for those who have no courses [(i.e., they are still immature) their ‘Iddah (prescribed period) is three months likewise”

[Qur’an al-Talaq 65:4]

In this verse we see that Allah has made the ‘iddah in the case of divorce of a girl who does not have periods – because she is young and has not yet reached puberty – three months. This clearly indicates that Allah has made this a valid marriage. 

(b)It was narrated from ‘A’ishah (may Allah be pleased with her) that the Prophet (peace and blessings of Allah be upon him) married her when she was six years old, he consummated the marriage with her when she was nine and she stayed with him for nine years.

(Narrated by al-Bukhari, 4840; Muslim, 1422) 

The Prophet (peace and blessings of Allah be upon him) married ‘A’ishah when she was six years old and consummated the marriage when she was nine.”

(Narrated by al-Bukhari and Muslim; Muslim says ‘seven years’) 

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. For that reason, the Prophet (peace and blessings of Allah be upon him) delayed the consummation of his marriage to ‘A’ishah.

Al-Nawawi said:

Regarding the wedding-party of a young married girl at the time of consummating the marriage, if the husband and the guardian of the girl agree upon something that will not cause harm to the young girl, then that may be done.

If they disagree, then Ahmad and Abu ‘Ubayd say that once a girl reaches the age of nine then the marriage may be consummated even without her consent, but that does not apply in the case of who is younger.

Maalik, al-Shaafa’i and Abu Haneefah said: 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. This is the correct view.

There is nothing in the hadeeth of ‘A’ishah to set an age limit, or to forbid that in the case of a girl who is able for it before the age of nine, or to allow it in the case of a girl who is not able for it and has reached the age of nine. Al-Dawoodi said:

‘A’ishah (may Allah be pleased with her) reached physical maturity (at the time when her marriage was consummated). 

Sharh Muslim, 9/206 

It is preferable for a guardian not to marry off his daughter when she is still young unless there is a valid reason for that. 

Al-Nawawi said: 

It should be noted that al-Shafi’i 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 hadeeth of ‘A’ishah, 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 hadeeth of ‘A’ishah. In that case it is preferable to go ahead with the marriage because the father is enjoined to take care of his child’s interests and not to let a good opportunity slip away.

Sharh Muslim, 9/206.

 And Allah knows best.

For more reading:

Marriage Age in Christian Lands in the Past.

Almighty Allah is the highest and most knowledgeable, and the attribution of knowledge to him is the safest.

Right from Almighty Allah and wrong from me and Satan

Prepared by Mohamad Mostafa Nassar- Australia.

www.IslamCompass.com 

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