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Archive for October 1st, 2010

Child Bride in Islam

I. QUR’AN ON SEX WITH PREPUBESCENT GIRLS

Qur’an 65:4 (Shakir)—And (as for) those of your women who have despaired of menstruation, if you have a doubt, their prescribed time shall be three months, and of those too who have not had their courses; and (as for) the pregnant women, their prescribed time is that they lay down their burden; and whoever is careful of (his duty to) Allah He will make easy for him his affair.

Qur’an 65:4 (Hilali-Khan)—And those of your women as have passed the age of monthly courses, for them the ‘Iddah (prescribed period), if you have doubts (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, except in case of death] . And for those who are pregnant (whether they are divorced or their husbands are dead), their ‘Iddah (prescribed period) is until they deliver (their burdens), and whosoever fears Allah and keeps his duty to Him, He will make his matter easy for him.

Qur’an 33:49 (Hilali-Khan)—O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no ‘Iddah [divorce prescribed period, see (V.65:4)] have you to count in respect of them. So give them a present, and set them free i.e. divorce, in a handsome manner.

II. COMMENTARY ON 65:4

Tafsir Ibn Kathir (on Qur’an 65:4)—Allah the Exalted clarifies the waiting period of the woman in menopause. And that is the one whose menstruation has stopped due to her older age. Her `Iddah is three months instead of the three monthly cycles for those who menstruate, which is based upon the Ayah in (Surat) Al-Baqarah. [see 2:228] The same for the young, who have not reached the years of menstruation. Their `Iddah is three months like those in menopause.

Tafsir al-Jalalayn (on Qur’an 65:4)—And [as for] those of your women who (read allà’ï or allà’i in both instances) no longer expect to menstruate, if you have any doubts, about their waiting period, their prescribed [waiting] period shall be three months, and [also for] those who have not yet menstruated, because of their young age, their period shall [also] be three months.

Tafsir Ibn Abbas (on Qur’an 65:4)—(And for such of your women as despair of menstruation) because of old age, (if ye doubt) about their waiting period, (their period (of waiting) shall be three months) upon which another man asked: “O Messenger of Allah! What about the waiting period of those who do not have menstruation because they are too young?” (along with those who have it not) because of young age, their waiting period is three months.

Maududi, Tafhim al-Qur’an (on Qur’an 65:4)—Here, one should bear in mind the fact that according to the explanations given in the Quran the question of the waiting period arises in respect of the women with whom marriage may have been consummated, for there is no waiting-period in case divorce is pronounced before the consummation of marriage. (Al-Ahzab: 49). Therefore, making mention of the waiting-period for the girls who have not yet menstruated, clearly proves that it is not only permissible to give away the girl in marriage at this age but it is also permissible for the husband to consummate marriage with her. Now, obviously no Muslim has the right to forbid a thing which the Quran has held as permissible.

III. HADITH ON MUHAMMAD’S RELATIONSHIP WITH AISHA

Sahih al-Bukhari 3895—“. . . and he consummated that marriage when she was nine years old.”

Sahih al-Bukhari 5133—“. . . and he consummated his marriage when she was nine years old.”

Sahih Muslim 3309—“. . . and I was admitted to his house at the age of nine.”

Sahih Muslim 3311—“ . . . and she was taken to his house as a bride when she was nine, and her dolls were with her . . .”

Sunan Abu Dawud 2116—“Aisha said: . . . He had intercourse with me when I was nine years old.”

Sahih al-Bukhari 6130—“Narrated Aishah: ‘I used to play with the dolls in the presence of the Prophet’ . . . The playing with the dolls and similar images is forbidden, but it was allowed for ‘Aisha at that time, as she was a little girl, not yet reached the age of puberty. (Fateh-al-Bari page 143, Vol.13).”

Sahih al-Bukhari 5236—“Narrated Aishah: The Prophet was screening me with his Rida . . . So you may deduce from this event how a little girl (who has not reached the age of puberty) . . . should be treated in this respect.”

(HT: AnsweringMuslims)

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