Qur'an, Hadith and Scholars:Child Marriage - Revision history

Asmith: fixed language and updated score

2026-05-15T22:51:14Z

fixed language and updated score

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	\|image=Child marriage.jpg		\|image=Child marriage.jpg
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	{{QuranHadithScholarsIndex}}		{{QuranHadithScholarsIndex}}

	The hadith and sira tradition is very explicit about the fact that Muhammad [[Aisha's Age\|married Aisha when she was six, and consummated the marriage when she was nine.]] As Muhammad is [[Uswa Hasana\|"al-insaan al-kaamil"]]~~. This~~ marriage was used by jurists of the Shafi'i and Hanbali schools in their discussions of compulsion of minors into marriage and the age of consummation, respectively (see [[Forced Marriage]] and [[Child Marriage in Islamic Law]]). Both the Qur'an and the hadiths have played an important role in legal and exegetical discussions on these topics, in particular Q. 65:4 which was generally understood to allude to divorced pre-pubescent wives. Though there was no minimum age for the marriage contract, Islamic law generally permitted a girl to live with her husband and consummate the marriage when she could tolerate intercourse without physical harm, which according to some jurists sometimes may be the case while she was still a minor. It is common for Muslims to be unaware of the religion's traditional endorsement of child marriage and for reformists to oppose it, though traditionalists will often defend it when pressed.		The hadith and sira tradition is very explicit about the fact that Muhammad [[Aisha's Age\|married Aisha when she was six, and consummated the marriage when she was nine.]] As Muhammad is [[Uswa Hasana\|"al-insaan al-kaamil"]], this marriage was used by jurists of the Shafi'i and Hanbali schools in their discussions of compulsion of minors into marriage and the age of consummation, respectively (see [[Forced Marriage]] and [[Child Marriage in Islamic Law]]). Both the Qur'an and the hadiths have played an important role in legal and exegetical discussions on these topics, in particular Q. 65:4 which was generally understood to allude to divorced pre-pubescent wives. Though there was no minimum age for the marriage contract, Islamic law generally permitted a girl to live with her husband and consummate the marriage when she could tolerate intercourse without physical harm, which according to some jurists sometimes may be the case while she was still a minor. It is common for Muslims to be unaware of the religion's traditional endorsement of child marriage and for reformists to oppose it, though traditionalists will often defend it when pressed.

	Today, [[w:Marriageable_age\|many modern Muslim countries]] have legislated to raise the minimum age of marriage, in many cases to the age of 16 or 18 for girls (though often with loopholes or with ineffective enforcement) and to prevent forced marriage, often in the face of opposition (though sometimes support) from Islamic scholars. Many Muslim campaign groups and charities have been involved in this process and continue to offer help to those at risk (see the article [[Forced Marriage]] which includes sources of help).<ref>For example [https://www.mwnuk.co.uk/Forced_Marriage_7_factsheets.php Muslim Women's Network UK] and [https://preventforcedmarriage.org/forced-marriage-overseas-pakistan/ Tahirih Justice Center Forced Marriage Initiative]</ref> In collaboration with activists, in 2019 the deputy Grand Imam of al-Azhar University in Cairo issued a fatwa calling for marriage based on mutual consent with a minimum age set as 18.<ref>[https://www.theguardian.com/global-development/2019/jun/21/senior-islamic-cleric-issues-fatwa-against-child-marriage Senior Islamic cleric issues fatwa against child marriage] - Guardian.com</ref> Unicef say that the prevalence of child marriages are decreasing globally but are nevetheless common (including among non-Muslim populations in some regions of the world).		Today, [[w:Marriageable_age\|many modern Muslim countries]] have legislated to raise the minimum age of marriage, in many cases to the age of 16 or 18 for girls (though often with loopholes or with ineffective enforcement) and to prevent forced marriage, often in the face of opposition (though sometimes support) from Islamic scholars. Many Muslim campaign groups and charities have been involved in this process and continue to offer help to those at risk (see the article [[Forced Marriage]] which includes sources of help).<ref>For example [https://www.mwnuk.co.uk/Forced_Marriage_7_factsheets.php Muslim Women's Network UK] and [https://preventforcedmarriage.org/forced-marriage-overseas-pakistan/ Tahirih Justice Center Forced Marriage Initiative]</ref> In collaboration with activists, in 2019 the deputy Grand Imam of al-Azhar University in Cairo issued a fatwa calling for marriage based on mutual consent with a minimum age set as 18.<ref>[https://www.theguardian.com/global-development/2019/jun/21/senior-islamic-cleric-issues-fatwa-against-child-marriage Senior Islamic cleric issues fatwa against child marriage] - Guardian.com</ref> Unicef say that the prevalence of child marriages are decreasing globally but are nevetheless common (including among non-Muslim populations in some regions of the world).
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	شرح الخرشي على مختصر خليل، المطبعة الكبرى الأميرية، المكتبة الشاملة، ج3 ص258		شرح الخرشي على مختصر خليل، المطبعة الكبرى الأميرية، المكتبة الشاملة، ج3 ص258
	}}<BR>		}}<BR>
	“It’s possible to have sex with her” meaning there’s no specific age. Every person is different. And it’s not required for her to reach puberty because a man can receive full pleasure if the female can endure sex.}}Many scholars say that a husband is obliged to provide for his wife only if she lets him have sex with her. This notion ~~causeda~~ discussion amongst scholars on the issue of a wife who’s too young to endure sex, with some scholars saying the husband in this case isn’t obliged to provide for her because he can’t have sex with her. The following quote falls within this context: Kanz Al-Daqa’iq is a major book in the Hanafi legal school. Al-Zayla’i (d.743 AH) said in his commentary on this book:{{Quote\|1=[https://al-maktaba.org/book/33229/678 Al-Zayla’i, Tabyin Al-Haqa’iq, published by Al-Matba’a Al-Kubra, Al-Maktabah Al-Shamilah, vol.3 p.52]\|2={{right\|		“It’s possible to have sex with her” meaning there’s no specific age. Every person is different. And it’s not required for her to reach puberty because a man can receive full pleasure if the female can endure sex.}}Many scholars say that a husband is obliged to provide for his wife only if she lets him have sex with her. This notion caused a discussion amongst scholars on the issue of a wife who’s too young to endure sex, with some scholars saying the husband in this case isn’t obliged to provide for her because he can’t have sex with her. The following quote falls within this context: Kanz Al-Daqa’iq is a major book in the Hanafi legal school. Al-Zayla’i (d.743 AH) said in his commentary on this book:{{Quote\|1=[https://al-maktaba.org/book/33229/678 Al-Zayla’i, Tabyin Al-Haqa’iq, published by Al-Matba’a Al-Kubra, Al-Maktabah Al-Shamilah, vol.3 p.52]\|2={{right\|
	قَالَ - رَحِمَهُ اللَّهُ - (وَصَغِيرَةٌ لَا تُوطَأُ) يَعْنِي لَا تَجِبُ لَهَا النَّفَقَةُ سَوَاءٌ كَانَتْ فِي مَنْزِلِهِ أَوْ لَمْ تَكُنْ، وَقَالَ الشَّافِعِيُّ لَهَا نَفَقَةٌ لِأَنَّهَا عِوَضٌ عَنْ الْمِلْكِ عِنْدَهُ كَمَا فِي الْمَمْلُوكَةِ مِلْكَ الْيَمِينِ		قَالَ - رَحِمَهُ اللَّهُ - (وَصَغِيرَةٌ لَا تُوطَأُ) يَعْنِي لَا تَجِبُ لَهَا النَّفَقَةُ سَوَاءٌ كَانَتْ فِي مَنْزِلِهِ أَوْ لَمْ تَكُنْ، وَقَالَ الشَّافِعِيُّ لَهَا نَفَقَةٌ لِأَنَّهَا عِوَضٌ عَنْ الْمِلْكِ عِنْدَهُ كَمَا فِي الْمَمْلُوكَةِ مِلْكَ الْيَمِينِ
	وَقِيلَ إنَّ الصَّغِيرَةَ إذَا كَانَتْ مُشْتَهَاةً وَيُمْكِنُ جِمَاعُهَا فِيمَا دُونَ الْفَرْجِ يَجِبُ لَهَا النَّفَقَةُ، وَلَوْ كَانَتْ الصَّغِيرَةُ تَصْلُحُ لِلْجِمَاعِ تَجِبُ نَفَقَتُهَا عَلَى الزَّوْجِ بِالْإِجْمَاعِ لِحُصُولِ الْمَقْصُودِ، وَاخْتَلَفُوا فِي حَدِّهِ فَقِيلَ بِنْتُ تِسْعِ سِنِينَ، وَالصَّحِيحُ أَنَّهُ ‌غَيْرُ ‌مُقَدَّرٍ ‌بِالسِّنِّ، وَإِنَّمَا الْعِبْرَةُ لِلِاحْتِمَالِ وَالْقُدْرَةِ عَلَى الْجِمَاعِ فَإِنَّ السَّمِينَةَ الضَّخْمَةَ تَحْتَمِلُ الْجِمَاعَ، وَإِنْ كَانَتْ صَغِيرَةَ السِّنِّ		وَقِيلَ إنَّ الصَّغِيرَةَ إذَا كَانَتْ مُشْتَهَاةً وَيُمْكِنُ جِمَاعُهَا فِيمَا دُونَ الْفَرْجِ يَجِبُ لَهَا النَّفَقَةُ، وَلَوْ كَانَتْ الصَّغِيرَةُ تَصْلُحُ لِلْجِمَاعِ تَجِبُ نَفَقَتُهَا عَلَى الزَّوْجِ بِالْإِجْمَاعِ لِحُصُولِ الْمَقْصُودِ، وَاخْتَلَفُوا فِي حَدِّهِ فَقِيلَ بِنْتُ تِسْعِ سِنِينَ، وَالصَّحِيحُ أَنَّهُ ‌غَيْرُ ‌مُقَدَّرٍ ‌بِالسِّنِّ، وَإِنَّمَا الْعِبْرَةُ لِلِاحْتِمَالِ وَالْقُدْرَةِ عَلَى الْجِمَاعِ فَإِنَّ السَّمِينَةَ الضَّخْمَةَ تَحْتَمِلُ الْجِمَاعَ، وَإِنْ كَانَتْ صَغِيرَةَ السِّنِّ
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	==Other Hadith==		==Other Hadith==

	The following Muwatta hadith ~~shows~~ it's permissible to marry girls who have not reached puberty.		The following Muwatta hadith indicates it would be permissible to marry girls who have not reached puberty.

	{{quote\|{{Muwatta\|29\|33\|108\|}}\|		{{quote\|{{Muwatta\|29\|33\|108\|}}\|

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	2- Ayisha said: “Allah's Messenger married me when I was six years old, and consummated his marriage when I was nine”.		2- Ayisha said: “Allah's Messenger married me when I was six years old, and consummated his marriage when I was nine”.

	~~https://quranx.com/Hadith/Muslim/USC-MSA/Book-8/Hadith-3309~~

	3- Muhammad’s companion Qudamah Bin Math’un married the daughter of Al-Zubayr when she was born. He said: “If I die then the daughter of Al-Zubayr will inherit me. If I live then she will be my wife”		3- Muhammad’s companion Qudamah Bin Math’un married the daughter of Al-Zubayr when she was born. He said: “If I die then the daughter of Al-Zubayr will inherit me. If I live then she will be my wife”

Lightyears: Automated script replacing USC-MSA hadith numbering system for Bukhari, Muslim, and Abu Dawud

2025-11-13T18:53:48Z

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	{{Quote\|[http://bewley.virtualave.net/bukhari33.html Sahih Al-Bukhari, Chapter 68: Book of Tafsir]\|'''The Tafsir of Surat at-Talaq'''<BR><BR>Mujahid said that "if you have any doubt" (65:4) means if you do not know whether she menstruates or not. Those who do not longer menstruate and '''those who have not yet menstruated, their 'idda is three months'''.}}		{{Quote\|[http://bewley.virtualave.net/bukhari33.html Sahih Al-Bukhari, Chapter 68: Book of Tafsir]\|'''The Tafsir of Surat at-Talaq'''<BR><BR>Mujahid said that "if you have any doubt" (65:4) means if you do not know whether she menstruates or not. Those who do not longer menstruate and '''those who have not yet menstruated, their 'idda is three months'''.}}

	The following is from Bukhari's chapter introduction for chapter 39, Book an-Nikkah. It appears immediately before the first and only hadith of Chapter 39, {{Bukhari\|7\|62\|64}} and can be seen in the Dar-us-Salam print edition, volume 7.		The following is from Bukhari's chapter introduction for chapter 39, Book an-Nikkah. It appears immediately before the first and only hadith of Chapter 39, {{Bukhari\|\|\|5133\|darussalam}} and can be seen in the Dar-us-Salam print edition, volume 7.

	{{Quote\|Bukhari (Chapter 39)\|Giving one’s young children in marriage (is permissible) by virtue of the Statement of Allah: ‘And for those who have courses’ (i.e. they are still immature) (Sura 65:4) And the ‘Iddat [waiting period for a woman before lawful sexual intercourse] '''for the girl before puberty is three months''' (in the above Verse).}}		{{Quote\|Bukhari (Chapter 39)\|Giving one’s young children in marriage (is permissible) by virtue of the Statement of Allah: ‘And for those who have courses’ (i.e. they are still immature) (Sura 65:4) And the ‘Iddat [waiting period for a woman before lawful sexual intercourse] '''for the girl before puberty is three months''' (in the above Verse).}}
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	Jurists struggled to reconcile their views on the right of a father to force his minor and / or virgin daughter into a marriage contract without her consent with the contents of the following hadith (which occurs in multiple similar versions):		Jurists struggled to reconcile their views on the right of a father to force his minor and / or virgin daughter into a marriage contract without her consent with the contents of the following hadith (which occurs in multiple similar versions):

	{{Quote\|{{Muslim\|8\|~~3307~~}}\|Ibn Abbas (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying:		{{Quote\|{{Muslim\|\|1421b\|reference}}\|Ibn Abbas (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying:

	A woman who has been previously married (Thayyib) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent.}}		A woman who has been previously married (Thayyib) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent.}}
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	Muhammad consummated his marriage with the 9 year old Aisha, while she remained pre-pubescent.		Muhammad consummated his marriage with the 9 year old Aisha, while she remained pre-pubescent.

	{{Quote\|{{Muslim\|8\|~~3310~~}}\|A'isha (Allah be pleased with her) reported: Allah's Apostle (Mohammad) married me when I was six years old, and I was admitted to his house when I was nine years old.}}		{{Quote\|{{Muslim\|\|1422b\|reference}}\|A'isha (Allah be pleased with her) reported: Allah's Apostle (Mohammad) married me when I was six years old, and I was admitted to his house when I was nine years old.}}

	==Muhammad's Companions==		==Muhammad's Companions==

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	The hadith and sira tradition is very explicit about the fact that Muhammad [[Aisha's Age\|married Aisha when she was six, and consummated the marriage when she was nine.]] As Muhammad is [[Uswa Hasana\|"al-insaan al-kaamil"]]. This marriage was used by jurists of the Shafi'i and Hanbali schools in their discussions of compulsion of minors into marriage and the age of consummation, respectively (see [[Forced Marriage]] and [[Child Marriage in Islamic Law]]). Both the Qur'an and the hadiths have played an important role in legal and exegetical discussions on these topics, in particular Q. 65:4 which was generally understood to allude to divorced pre-pubescent wives. Though there was no minimum age for the marriage contract, Islamic law generally permitted a girl to live with her husband and consummate the marriage when she could tolerate intercourse without physical harm, which according to some jurists sometimes may be the case while she was still a minor.		The hadith and sira tradition is very explicit about the fact that Muhammad [[Aisha's Age\|married Aisha when she was six, and consummated the marriage when she was nine.]] As Muhammad is [[Uswa Hasana\|"al-insaan al-kaamil"]]. This marriage was used by jurists of the Shafi'i and Hanbali schools in their discussions of compulsion of minors into marriage and the age of consummation, respectively (see [[Forced Marriage]] and [[Child Marriage in Islamic Law]]). Both the Qur'an and the hadiths have played an important role in legal and exegetical discussions on these topics, in particular Q. 65:4 which was generally understood to allude to divorced pre-pubescent wives. Though there was no minimum age for the marriage contract, Islamic law generally permitted a girl to live with her husband and consummate the marriage when she could tolerate intercourse without physical harm, which according to some jurists sometimes may be the case while she was still a minor. It is common for Muslims to be unaware of the religion's traditional endorsement of child marriage and for reformists to oppose it, though traditionalists will often defend it when pressed.

	Today, [[w:Marriageable_age\|many modern Muslim countries]] have legislated to raise the minimum age of marriage, in many cases to the age of 16 or 18 for girls (though often with loopholes or with ineffective enforcement) and to prevent forced marriage, often in the face of opposition from Islamic scholars. Many Muslim campaign groups and charities have been involved in this process and continue to offer help to those at risk (see the article [[Forced Marriage]] which includes sources of help).<ref>For example [https://www.mwnuk.co.uk/Forced_Marriage_7_factsheets.php Muslim Women's Network UK] and [https://preventforcedmarriage.org/forced-marriage-overseas-pakistan/ Tahirih Justice Center Forced Marriage Initiative]</ref> In collaboration with activists, in 2019 the deputy Grand Imam of al-Azhar University in Cairo issued a fatwa calling for marriage based on mutual consent with a minimum age set as 18.<ref>[https://www.theguardian.com/global-development/2019/jun/21/senior-islamic-cleric-issues-fatwa-against-child-marriage Senior Islamic cleric issues fatwa against child marriage] - Guardian.com</ref> Unicef say that the prevalence of child marriages are decreasing globally but are nevetheless common (including among non-Muslim populations in some regions of the world).		Today, [[w:Marriageable_age\|many modern Muslim countries]] have legislated to raise the minimum age of marriage, in many cases to the age of 16 or 18 for girls (though often with loopholes or with ineffective enforcement) and to prevent forced marriage, often in the face of opposition (though sometimes support) from Islamic scholars. Many Muslim campaign groups and charities have been involved in this process and continue to offer help to those at risk (see the article [[Forced Marriage]] which includes sources of help).<ref>For example [https://www.mwnuk.co.uk/Forced_Marriage_7_factsheets.php Muslim Women's Network UK] and [https://preventforcedmarriage.org/forced-marriage-overseas-pakistan/ Tahirih Justice Center Forced Marriage Initiative]</ref> In collaboration with activists, in 2019 the deputy Grand Imam of al-Azhar University in Cairo issued a fatwa calling for marriage based on mutual consent with a minimum age set as 18.<ref>[https://www.theguardian.com/global-development/2019/jun/21/senior-islamic-cleric-issues-fatwa-against-child-marriage Senior Islamic cleric issues fatwa against child marriage] - Guardian.com</ref> Unicef say that the prevalence of child marriages are decreasing globally but are nevetheless common (including among non-Muslim populations in some regions of the world).

	==Qur'an==		==Qur'an==

Asmith at 02:23, 17 May 2025

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			{{#seo:
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	{{QualityScore\|Lead=3\|Structure=4\|Content=4\|Language=3\|References=4}}		{{QualityScore\|Lead=3\|Structure=4\|Content=4\|Language=3\|References=4}}
	{{QuranHadithScholarsIndex}}		{{QuranHadithScholarsIndex}}

Asmith at 02:31, 12 August 2024

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	[[Category:Fiqh (legal theory)]]		[[Category:Fiqh (legal theory)]]
	[[ar:القرآن_والحديث_والعلماء:_زواج_الأطفال]]		[[ar:القرآن_والحديث_والعلماء:_زواج_الأطفال]]
			[[fr:Coran, hadith et savants : Le Mariage d'enfant]]

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	The hadith and sira tradition is very explicit about the fact that Muhammad [[Aisha's Age\|married Aisha when she was six, and consummated the marriage when she was nine.]] As Muhammad is [[Uswa Hasana\|"al-insaan al-kaamil"]]. This marriage was used by jurists of the Shafi'i and Hanbali schools in their discussions of compulsion of minors into marriage and the age of consummation, respectively (see [[Forced Marriage]] and [[Child Marriage in Islamic Law]]). Both the Qur'an and the hadiths have played an important role in legal and exegetical discussions on these topics, in particular Q. 65:4 which was generally understood to allude to divorced pre-pubescent wives. Though there was no minimum age for the marriage contract, Islamic law generally permitted a girl to live with her husband and consummate the marriage when she could tolerate intercourse without physical harm, which according to some jurists sometimes may be the case while she was still a minor.		The hadith and sira tradition is very explicit about the fact that Muhammad [[Aisha's Age\|married Aisha when she was six, and consummated the marriage when she was nine.]] As Muhammad is [[Uswa Hasana\|"al-insaan al-kaamil"]]. This marriage was used by jurists of the Shafi'i and Hanbali schools in their discussions of compulsion of minors into marriage and the age of consummation, respectively (see [[Forced Marriage]] and [[Child Marriage in Islamic Law]]). Both the Qur'an and the hadiths have played an important role in legal and exegetical discussions on these topics, in particular Q. 65:4 which was generally understood to allude to divorced pre-pubescent wives. Though there was no minimum age for the marriage contract, Islamic law generally permitted a girl to live with her husband and consummate the marriage when she could tolerate intercourse without physical harm, which according to some jurists sometimes may be the case while she was still a minor.

	Today, [[w:Marriageable_age\|many modern Muslim countries]] have legislated to raise the minimum age of marriage, in many cases to the age of 16 or 18 for girls (though often with loopholes or with ineffective enforcement) and to prevent forced marriage, often in the face of opposition from Islamic scholars. Many Muslim campaign groups and charities have been involved in this process and continue to offer help to those at risk (see the article [[Forced Marriage]] which includes sources of help).<ref>For example [https://www.mwnuk.co.uk/Forced_Marriage_7_factsheets.php Muslim Women's Network UK] and [https://preventforcedmarriage.org/forced-marriage-overseas-pakistan/ Tahirih Justice Center Forced Marriage Initiative]</ref> In collaboration with activists, in 2019 the deputy Grand ~~Mufti~~ of al-Azhar University in Cairo issued a fatwa calling for marriage based on mutual consent with a minimum age set as 18.<ref>[https://www.theguardian.com/global-development/2019/jun/21/senior-islamic-cleric-issues-fatwa-against-child-marriage Senior Islamic cleric issues fatwa against child marriage] - Guardian.com</ref> Unicef say that the prevalence of child marriages are decreasing globally but are nevetheless common (including among non-Muslim populations in some regions of the world).		Today, [[w:Marriageable_age\|many modern Muslim countries]] have legislated to raise the minimum age of marriage, in many cases to the age of 16 or 18 for girls (though often with loopholes or with ineffective enforcement) and to prevent forced marriage, often in the face of opposition from Islamic scholars. Many Muslim campaign groups and charities have been involved in this process and continue to offer help to those at risk (see the article [[Forced Marriage]] which includes sources of help).<ref>For example [https://www.mwnuk.co.uk/Forced_Marriage_7_factsheets.php Muslim Women's Network UK] and [https://preventforcedmarriage.org/forced-marriage-overseas-pakistan/ Tahirih Justice Center Forced Marriage Initiative]</ref> In collaboration with activists, in 2019 the deputy Grand Imam of al-Azhar University in Cairo issued a fatwa calling for marriage based on mutual consent with a minimum age set as 18.<ref>[https://www.theguardian.com/global-development/2019/jun/21/senior-islamic-cleric-issues-fatwa-against-child-marriage Senior Islamic cleric issues fatwa against child marriage] - Guardian.com</ref> Unicef say that the prevalence of child marriages are decreasing globally but are nevetheless common (including among non-Muslim populations in some regions of the world).

	==Qur'an==		==Qur'an==

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	[[Category:Human rights]]		[[Category:Human rights]]
	[[Category:Fiqh (legal theory)]]		[[Category:Fiqh (legal theory)]]
			[[ar:القرآن_والحديث_والعلماء:_زواج_الأطفال]]

Lightyears: Updated intro in line with the recent work on related articles

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Updated intro in line with the recent work on related articles

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	{{QuranHadithScholarsIndex}}		{{QuranHadithScholarsIndex}}

	The sira tradition is very explicit about the fact that Muhammad [[Aisha's Age\|married Aisha when she was six, and consummated the marriage when she was nine.]] As Muhammad is [[Uswa Hasana\|"al-insaan al-kaamil"]]~~, this action~~ of ~~his has been taken by~~ the ~~scholars to be an example for all~~ of ~~mankind~~, and ~~have thus decreed that such marriages are lawful for all believers~~. Both the Qur'an and the ~~hadith contain regulations about~~ when ~~believers~~ may have ~~sex~~ with ~~underage wives who~~ have ~~not yet had their menses~~, ~~furthor solidifying~~ the ~~halaal nature~~ of the ~~practice~~ of ~~consummating~~ marriages ~~with extremely young girls and older men~~.		The hadith and sira tradition is very explicit about the fact that Muhammad [[Aisha's Age\|married Aisha when she was six, and consummated the marriage when she was nine.]] As Muhammad is [[Uswa Hasana\|"al-insaan al-kaamil"]]. This marriage was used by jurists of the Shafi'i and Hanbali schools in their discussions of compulsion of minors into marriage and the age of consummation, respectively (see [[Forced Marriage]] and [[Child Marriage in Islamic Law]]). Both the Qur'an and the hadiths have played an important role in legal and exegetical discussions on these topics, in particular Q. 65:4 which was generally understood to allude to divorced pre-pubescent wives. Though there was no minimum age for the marriage contract, Islamic law generally permitted a girl to live with her husband and consummate the marriage when she could tolerate intercourse without physical harm, which according to some jurists sometimes may be the case while she was still a minor.

			Today, [[w:Marriageable_age\|many modern Muslim countries]] have legislated to raise the minimum age of marriage, in many cases to the age of 16 or 18 for girls (though often with loopholes or with ineffective enforcement) and to prevent forced marriage, often in the face of opposition from Islamic scholars. Many Muslim campaign groups and charities have been involved in this process and continue to offer help to those at risk (see the article [[Forced Marriage]] which includes sources of help).<ref>For example [https://www.mwnuk.co.uk/Forced_Marriage_7_factsheets.php Muslim Women's Network UK] and [https://preventforcedmarriage.org/forced-marriage-overseas-pakistan/ Tahirih Justice Center Forced Marriage Initiative]</ref> In collaboration with activists, in 2019 the deputy Grand Mufti of al-Azhar University in Cairo issued a fatwa calling for marriage based on mutual consent with a minimum age set as 18.<ref>[https://www.theguardian.com/global-development/2019/jun/21/senior-islamic-cleric-issues-fatwa-against-child-marriage Senior Islamic cleric issues fatwa against child marriage] - Guardian.com</ref> Unicef say that the prevalence of child marriages are decreasing globally but are nevetheless common (including among non-Muslim populations in some regions of the world).

	==Qur'an==		==Qur'an==

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	"and those who never had menses, their prescribed period is three months before puberty, which indicates that giving her into marriage before puberty is permissible."}}		"and those who never had menses, their prescribed period is three months before puberty, which indicates that giving her into marriage before puberty is permissible."}}

			Jurists struggled to reconcile their views on the right of a father to force his minor and / or virgin daughter into a marriage contract without her consent with the contents of the following hadith (which occurs in multiple similar versions):

			{{Quote\|{{Muslim\|8\|3307}}\|Ibn Abbas (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying:

			A woman who has been previously married (Thayyib) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent.}}

	==In Islamic Law==		==In Islamic Law==
			{{Main\|Child Marriage in Islamic Law}}
	The Encyclopedia of Unanimous Islamic Rulings says: “Scholars have unanimously agreed that it is permissible for a father to marry off his minor daughter without her consent.”		The Encyclopedia of Unanimous Islamic Rulings says: “Scholars have unanimously agreed that it is permissible for a father to marry off his minor daughter without her consent.”

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	==Recent Fatawa==		==Recent Fatawa==
	A fatwa collection issued by the Ministry of Religious Endowments and Islamic Affairs in Kuwait, included the following fatwa:{{Quote\|1=[http://www.fatawa.com/view/7436 Majmu'at Al-Fatawa Al-Shar'iyya, Fatwa no. 6058]\|2={{right\|		A fatwa collection issued by the Ministry of Religious Endowments and Islamic Affairs in Kuwait, included the following fatwa (though this and similar isolated fatwas are out of step with the Islamic legal tradition - see [[Child Marriage in Islamic Law]]):{{Quote\|1=[http://www.fatawa.com/view/7436 Majmu'at Al-Fatawa Al-Shar'iyya, Fatwa no. 6058]\|2={{right\|
	هل يصح عقد الزواج على الرضيعة ويجوز التمتع بها بالتقبيل وغيره -سوى الجماع- بما لا ‏يضرها؟		هل يصح عقد الزواج على الرضيعة ويجوز التمتع بها بالتقبيل وغيره -سوى الجماع- بما لا ‏يضرها؟

Iarabi at 23:55, 11 April 2022

2022-04-11T23:55:55Z

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