Tuesday, February 1, 2011

Pedophilia in Islamic Fatwas

1) Fatwas by Ulemas:

By “sheikh mohammed al munajid” of Islam QA (see here).

Question:

Is it acceptable to marry a girl who has not yet started her menses?

I have not yet reached the age of puberty. Is it correct that a girl could get married before her menses start, or is that just a traditional myth?.

Answer:

Praise be to Allaah.

Firstly:

Marriage to a young girl before she reaches puberty is permissible according to sharee’ah, and it was narrated that there was scholarly consensus on this point.

1. Allaah 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”

[al-Talaaq 65:4]

In this verse we see that Allaah states that for those who do not menstruate – because they are young and have not yet reached the age of puberty – the ‘iddah in the case of divorce is three months. This clearly indicates that it is permissible for a young girl who has not started her periods to marry.

Al-Tabari (may Allaah have mercy on him) said:

The interpretation of the verse “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”. He said: The same applies to the ‘idaah for girls who do not menstruate because they are too young, if their husbands divorce them after consummating the marriage with them.

Tafseer al-Tabari, 14/142

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

Narrated by al-Bukhaari, 4840; Muslim, 1422.

Ibn ‘Abd al-Barr said:

The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. The Messenger of Allaah married ‘Aa’ishah bint Abi Bakr when she was young, six or seven years old, when her father married her to him.

Al-Istidhkaar, 16/49-50.

Secondly:

The fact that it is permissible to marry a minor girl does not imply that it is permissible to have intercourse with her, rather the husband should not have intercourse with her until she becomes able for that. Hence the Prophet (peace and blessings of Allaah be upon him) delayed consummating the marriage to ‘Aa’ishah (may Allaah be pleased with her).

And Allaah knows best.

2) Fatwas By Islam Web

Fatwa No.: 88199; Fatwa Title: Age for marriage in Islam Fatwa; Date: 19 Jumaadaa Al-Uolaa 1425 / 07-07-2004

Question:

What is the normal age for a Muslim to marry?

Fatwa:


Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

The preferred age for marriage for a young man is when he is fit to get married, can provide for his wife and can fulfill marital requirements. The Prophet () advised the youth to get married and illustrated its benefits, like lowering the gaze and protecting the private parts from illegal sexual relationship.

Bukhari and Muslim reported that the Prophet said: "O, young people whoever among you can marry, should marry, because it helps him lower his gaze, and guard his modesty (i.e. his private parts from committing illegal sexual intercourse, etc.), and whoever is not able to marry, should fast, as fasting diminishes his sexual power." [Al- Bukhari]

Therefore, young people should put this Hadith into practice. Poverty should not be a hindrance to getting married.

Allaah promised the person who wants to get married in order to guard his chastity to make him rich. Allaah says interpretation of meaning): "The Prophet () said: " Allaah promises to help three types of people: 'The Mujahid (a person who strives in the path of Allaah), the slave who signs a contract with his master to be freed in return for some money, and the person who gets married in order to guard his chastity." (Ahmed, Nasa'i, Al-Thirmidhi and Ibn Majah).

As regards, the age of getting married for a girl, it is when she becomes physically fit for sexual intercourse. It is confirmed in Sahih Al Bukhari that the Prophet married Aisha, when she was 6 years of age, and consummated the marriage with her when she was 9 years of age.

The guardian of a girl should take the initiative to marry her off if he finds a suitable person who has the required characteristics that the Prophet illustrated when he said: If any man whose religion and character are satisfactory proposes to marry one of your women, marry him, otherwise there will be great mischief and corruption on earth”. [Al-Thirmidhi and others].

You Might Also Like to Read:

A Complete Guide to Pedophilia in Islam

Pedophilia in the Quran

Pedophilia in the Hadith

Conclusion of Pedophilia in Islam



Islam's Watch

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