Child marriage and Islam
RECENTLY, the Legal Affairs Committee of the Majles (the Iranian parliament) has told the press that they regard the law that prohibits girls below the age of 10 from being married off as ‘un-Islamic and illegal.’
Reports indicate that in Iran, more than 75 female children under age 10 were recently forced to marry much older men. It is indeed very strange how child marriage can be deemed Islamic in any sense of the word. How can it be un-Islamic not to permit child marriage at the immature age of eight?
This is probably more cultural than religious. After all, any law bears footprints of culture and cannot completely get rid of cultural influences. While Islamic laws are very progressive, cultures in Islamic countries are still feudal or semi-feudal.Also, there has been debate among the ulema, as pointed out by the spokesperson for the Majles, about the age of puberty. Many ulema think that girls attain the age of puberty by or before age 10 while others think by the age of 15. But for most 10 is the age of puberty.
This has happened in Iran, where women’s participation in the revolution was so genuine and enthusiastic that they voluntarily took to wearing the chador as a symbol of their Islamic identity and a New York Times correspondent — seeing a sea of women in black chadors in 1979 — wondered how daughters of those mothers who had cast off their veils could take to the chador again. He perhaps did not realise that these daughters were wearing the chador as a symbol of their Islamic identity and to show solidarity with the leaders of the Islamic revolution.
However, their experience right from the beginning was not very pleasant and their expectations of liberation were not fulfilled. Gradually, the Islamic regime began to tighten its grip over women’s liberty, especially after the death of Imam Khomeini, who was a great visionary and believed in using persuasion rather than coercion. The revolutionary leadership began to quarrel for power in the post-Khomeini period and unfortunately the conservatives won.
And in the Islamic world whenever conservatives win, the first to be affected are Muslim women. Recently in Libya, when Qadhafi was defeated and his opponents — conservative Muslims — won, one of their first declarations was to legalise polygamy, as if their revolution was all about polygamy.
In Iran too women came to be under increasing control of the conservative clergy. A few years ago a woman, who was married with children, was accused of adultery and was sentenced to death by stoning, though human rights activists maintained that adultery charges were not proved. And there was no punishment for her alleged adulterous partner.
Coming back to child marriage, there is nothing Islamic about it; if anything it is un-Islamic. It is well-known that marriage is a contract in Islam and the Quran calls it a ‘strong covenant’ (mithaqan ghaliza) (4:21). It does not require a lot of argument to conclude that such a covenant cannot be entered into by children of the age of eight, that too a strong contract. A child does not even understand what a covenant is.
It is also well-known that both parties, i.e. husband and wife, can stipulate conditions, without fulfilling which the marriage will not be valid. Can a child stipulate conditions? Marriage is a lifelong partnership and a child cannot be expected to have the experience or intellectual ability to choose his or her life partner. Thus child marriage can in no case be Quranic or Islamic.
What is, then, the origin of child marriage in Islam? It is simply cultural and was not uncommon among the Arabs. The jurists can hardly escape the influence of their culture and cultural ethos. Though the Quran did not permit it, they allowed it because it was widely prevalent around them. They also tried to find justification for it in the Prophet’s (peace be upon him) Sunnah. Most Muslims believe that the Holy Prophet married Hazrat Ayesha when she was simply seven years of age and consummated the marriage when she was nine.
Firstly, this hadith appears about 300 years after the passing of the Prophet and in-depth research by many scholars clearly shows that Hazrat Ayesha’s age at the time of marriage was not less than 17 or 18 and at the time of consummation of marriage about 19 or 20. I have seen this research and there are very good reasons to believe it.
Since marriage is a contract in Islam, Imam Abu Hanifa, while allowing child marriage for sociological rather than religious or Quranic reasons, also had to make a provision for what is called option of puberty (khiyar al-bulugh) i.e. the girl, on achieving puberty or the age of proper understanding, could accept or reject the marriage and her guardian (usually father) also cannot force her to accept the marriage if she is unwilling. Imam Abu Hanifa had to make this provision because he knew the guardian is not an absolute authority to give the child away in marriage.
Religion should prevail over culture and not culture over religion. That is why most Islamic countries have now prescribed 18 as the age of marriage and have made child marriage illegal. Thus the Iranian clergy would be better advised not to legalise child marriage. I am sure the women organisations of Iran would surely resist this measure on part of the government, if at all it takes this regressive step defying the Quranic concept of marriage as a strong covenant.
The writer is an Islamic scholar who also heads the Centre for Study of Society & Secularism, Mumbai.
Per your comment:"Hazrat Ayesha’s age at the time of marriage was not less than 17 or 18 and at the time of consummation of marriage about 19 or 20. I have seen this research and there are very good reasons to believe it."
Your failure to quote this research in detail casts doubts about your assertion. This is a shallow and irrelevant article, typical of modern day muslim writers who fail to do any research and sermonize like the uneducated mullahs in mosques.
a lot of comments about logic/ reasoning/ common sense/ science vs religion.
read the Quran and you will see that Islam is based on all this as it comes from the all-wise, the all-knowing.
It keeps asking the reader to use reasoning. its message "Think. And think again".
Can you give the responsibility of a school teacher, or of a day care, a nursing home, a family kitchen, or of a mother of chldren to a 9 year old girl?
Dear Sir,
You have stated that Hazrat Aisha was in her late teens, however in our text books its often told that she was under 12. Can you please recommend your sources?
Thank you
Kind regards
Abida
Asghar Sahib,
Why cant clerics keep their nose out of law-making?Why not advocate separation of religion and politics?You live in a country that does it quite successfully. Obviously,you dont want to get in trouble with Mullahs.
Men have created religion and not vice versa. Religion has to serve mankind. It is abhoring that in the name of religion innocent girls are treated so badly ignoring biology and the responsibility of parenthood. Those who allow their daughters and their sisters for such inhuman treatment should question their own manhood.
asghar sahab as always another controvesial issue
Keep up the 'good' work by raising such issues time and again.
Religion should prevail over culture ?
Why not
Reasoning/logic/common sense should prevail over religion ?
==
That is how west got into the age of enlightenment and all the scientific discoveries.
Sayyeda Ayesha was at least 18 at time of Nikah
10 years younger to her older sister Asma, who, by consensus, was 28 at time of migration…so Ayesha, RA…18
only one reported Hadith says she was 9, actual wording could have been tissata Ashar but conveniently or mistakenly the ashar was dropped.
woe unto those to lie against the Prophet…indeed their abode is eternal Hell
If child marriage and slavery are un-islamic then Mr Engineer, Kindly provide any verse from Quran or Hadith that explicitly condemns these practices
Child marriage is also common in sindh. I have observed that marriage. But unfortunately state of Pakistan is also silent on the matter.
People need to move with the times. Social practices of distant past should not even be referred to.
The whole argument gets vitiated by mingling common sense and biology with revelation and tradition.
Can I ask my Muslims friends in good faith. What was the age of Prophet Mohammed's last wife?
The point is with regards to modern law that should have no bearing upon anything. It is 2012 and child marriage should be seen in the same way as slavery, which was also permitted. We have done away with so many things – why not this as well.
I believe it was 17
Gerry
Please read my response to Mr. Taranveer Singh above.
what was the difference between age of prophet mohamad (saw) and aisha?
How is that relevat to the article? For all I know, Islam allows any age woman to marry any age man, young or old as long as both are able to understand the contract of marriage. Hence, 18 sounds like a good age for either gender to be able to marry.
ok you are right. i was thinking wrong if that if a 55 year old marry a 18 year old girl then its not good.
The author says that the religion to prevail over culture. Then the question should be: which religion should prevail the culture and why?
The article is very informative. However, I strongly disagree that we should use religion or culture to justify or reject something. Instead, the approval or disapproval should be based purely on logic and reasoning.
You bet!
You cannot use centuries old laws an commands [religion] to govern a modern day country.It just will not work.Unless you want to regress to the stone age.
hey buddy Islamic laws are not for certain period of time and for specific nation but it is for the whole world and human being and till the judgment day. All the Islamic laws are applicable without any problem today as well.Do not comment before studying and getting enough knowledge about the things.
Excellent observation. But then no Islamic state is a 'modern day country'.
Raika, I do not contradict that the Islamic law is centuries old. However, it is in accordance with the modern day and for all times to come.
100% agree with you. The practice of tribal societies 1400 hundred years ago can not and should not be valid in 21st century.
Please let me also add that administrative law of the land should prevail over both religion and culture.
All religious leaders of all religions should have Science, maths , geography and preferably phychology in their curriculum. If anyone picks up a biology book of class 12th he / she will find that marriage has huge biological implications. This question should be a " non question" from a biological point of view.
Could not agree more. You made an excellent point !!
Could you please send me the details of that research conducted on Hazrat Ayesha's age at the time of marriage and consummation?
http://dawn.com/2012/02/17/of-aishas-age-at-marri…
you can read this
How?
Islamic laws are progressive. Really?
Guess you have never really read Islam and only follow what you see, and what your corrupt Pakistani govt and mullahs show you
One possible solution may be to take the issue out of religious or cultural debate and recast it as a health and a family welbeing issue. Children, puberty or no puberty, simply are not in a position to understand the implications of becoming parents.
Ecellent comment.
Asghar Sahab – As always, thanks for writing an informative piece.
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