Refuting the Claim that Prophet Muhammad was a Pedophile

[فداء الرسول]

Jewish and Christian Prophets



1. Abraham: When the ignorant Christians condemn Prophet Muhammad (peace be
upon him) for marrying a young girl fifty years younger than him, they are actually
attacking the Prophets in their Bible as well. Do they not recall the story of Prophet
Abraham (peace be upon him) who, according to the Bible, slept with Hagar (peace be
upon her) who was sixty or seventy younger than him? If the Christians have an issue
with Prophet Muhammad being in his fifties, do they not say anything when Prophet
Abraham was in his eighties? We read:


Sarai his wife took her Egyptian maidservant Hagar and gave her to her husband
to be his wife. He (Abram) slept with Hagar, and she conceived…So Hagar bore
Abram a son, and Abram gave the name Ishmael to the son she had borne. Abram
was eighty-six years old when Hagar bore him Ishmael.


(Genesis, Chapter 16, verses 1–4, 15–16, NIV)


2. David: We read in the Bible that King David lay beside a young virgin, by which was
meant a girl who had just attained the age of puberty. We read:


When King David was old and well advanced in years, he could not keep warm
even when they put covers over him. So his servants said to him, ‘Let us look for
a young virgin to attend the king and take care of him. She can lie beside him so
that our lord the king may keep warm.’ Then they searched throughout Israel for a
beautiful girl and found Abishag, a Shunammite, and brought her to the king.


(1 Kings, Chapter 1, verses 1–4, NIV)


3. Isaac: According to the Judeo-Christian tradition, Prophet Isaac (peace be upon him)
was forty years old when he married Rebecca (Rivka) who was only three years old at
the time! And it should be remembered that Prophet Isaac is considered by the Jews to
be one of the most important of Prophets, and Rebecca is one of the four matriarchs of
the Jews. What is interesting to note is that just like there are some defeatist Muslims

who deny that Aisha was nine years old when she was married, there are also some
defeatist Jews who deny that Rebecca was three years old when she was married. We
refer the reader to the following defeatist website made by contemporary Jews who seek
to deny what their classical scholars say on the matter:
http://www.jewishlegends.com/displayExp.php?rumor=122
In this article, the Jewish writers admit that they are taught in Jewish schools that
Rebecca was three years old when she was married:


We all came home from school saying that Rivka was three years old when
she got married, and most of us had a hard time believing it. Our teachers
explained that people in those days matured faster, so 3 years old then was not
what 3 years old is now. What they did not tell us (probably because they did not
know), is that there is another opinion that says that she was 14.
(JewishLegends.com,


http://www.jewishlegends.com/displayExp.php?rumor=122)


How oddly similar is this claim made by these Jewish defeatists (“another opinion that
says she was 14”) to the claim made by some Muslim defeatists who claim that “another
opinion says that Aisha was nineteen years of age.” Jewish apologists further the
following argument:


Rivka, shortly before her marriage (Bereishit 24:16), is called NA’ARAH, which
refers to a girl of at least 12 years of age!
(JewishLegends.com,
http://www.jewishlegends.com/displayExp.php?rumor=122)


Muslim apologists use a strikingly similar argument. We cite the example of
Understanding-Islam.com, a Muslim website that takes unorthodox opinions:
All those who know the Arabic language, are aware that the word "bikr" in the
Arabic language is not used for an immature nine-year old girl. The correct word


for a young playful girl, as stated earlier is "Jariyah". "Bikr" on the other hand, is
used for an unmarried lady, and obviously a nine year old is not a "lady".
(Understanding-Islam, http://understandingislam.
com/related/text.asp?type=question&qid=375)


Both sites (Jewish and Muslim) engage in some simplistic mathematical arguments in
order to find discrepancies in dating. In fact, both groups use similar methodology to
question the historicity of these early marriages. What is not similar, however, is the
amount of ink wasted attacking Prophet Muhammad (peace be upon him) on the one
hand and on the other hand the silence on Prophet Isaac’s marriage to the three year old
Rebecca. The Zionists lead the charge in the attacks against Prophet Muhammad (peace
be upon him), so should we now expose their hypocrisy? If they argue that their classical
scholars were wrong for saying that the forty year old Prophet Isaac married a three year
old, then logic and fairness dictate that the Muslims are also absolved because they too
have defeatists who simply deny that Aisha was nine at the time of marriage!
4. Jesus: And if the Christians wish to stick a spear in our hearts by attacking Prophet
Muhammad, then what of Prophet Jesus’s mother Mary (peace be upon her) who was
only twelve years old when she was betrothed to the ninety year old Saint Joseph? The
Catholic Encyclopedia says:

the Christian East still accepts the idea that Saint Joseph was in his eighties and that Mary
was twelve. An Eastern Orthodox website says:
An Elderly Joseph


The New Testament Apocrypha speak of Joseph as an elderly man, a widower
with adult children, who was quite reluctant to be included among those from
among whom a protector for Mary would be chosen. Although the Apocrypha
were not included in the canon of Scripture their importance is great and much in
evidence in the liturgical texts of some of the great Feasts.
However the Gospels too give evidence for an elderly Joseph. For example he is
no longer mentioned after Jesus' trip to the temple as an adolescent. Note also
that as Jesus was dying upon the Cross He asked John to look after His mother.
That would have been unnecessary - and even insulting to Joseph had he been
alive. But as an elderly man he would have reposed well before Jesus' crucifixion
at the age of 32-33. Mary, however, would only have been in her middle age…
The Christian East's picture of Joseph as a courageous, faithful, God-centred
elderly widower rings true. It also tells us that "old people" are quite capable of
being chosen for and embarking upon extraordinary adventures in which they
obtain remarkable success by God's mercy and provision.
This picture may not be very attractive - particularly in a youth-fixated culture
such as ours in which "old" has become a pejoritive expression. One can
understand the appeal of the youthful Joseph. But truth may have an attraction
all its own.
(Ukrainian-Orthodoxy,
http://www.unicorne.org/orthodoxy/ar...s_a/joseph.htm)


Therefore, if the Christian West seeks to damn the Muslims for our belief in an elderly
Prophet who married a young virgin, then let them cast the first stone against their own

The priests announced through Judea that they wished to find in the tribe of Juda
a respectable man to espouse Mary, then twelve to fourteen years of age. Joseph,
who was at the time ninety years old, went up to Jerusalem among the candidates.
(Catholic Encyclopedia, http://www.newadvent.org/cathen/08504a.htm)
According to the “Oxford Dictionary Bible” commentary, Mary was twelve years old
when she became pregnant. As for the age of Saint Joseph, the traditional opinion was
that he was a ninety year old widower at the time. It has only been very recently that
suddenly the defeatists have sought to deny this, claiming that Joseph was “only” in his
thirties. Whether or not Joseph was in his thirties or nineties is largely inconsequential,
since the fact is that he was a grown man who married a twelve year old girl. In any case,

brothers in the East first. In any case, even if we accept the claim that Saint Joseph was
in his thirties when he was betrothed to Mary (peace be upon her), does this change the
fact that Mary was twelve years old?
The priest of Saint Mary’s Catholic Church said: “Mary’s husband is believed to be
around 36. Mary was only 13 when she married Joseph. When she first was arranged
with Joseph, she was between 7 to 9 years old.” So even the Western Christians believe
that a grown man well into his thirties married a young girl and impregnated her. If the
Christians of today are shocked at Aisha’s age, then should they not be equally shocked
by the age of Mary? But we find that they are hypocritical in their attitude towards the
Muslims, and we know this is only because the people hate to accept the Truth, and we
recognize that all the Prophets were maligned and criticized by the disbelieving people.
God will deal with them just like God dealt with all those who maligned the Prophets.

[فداء الرسول]

Historical Age of Marriage in Non-Western Countries

Age of Marriage in Egypt


In the article “Marriage in Ancient Egypt”, we read:


Marriage contracts do not generally tell the age of the parties, but we know from
other documents that marriage almost always occurred after sexual adulthood.
The average age for girls to enter puberty was 12 to 13, and around 14 for boys…
we find documentation of brides being as young as 8… It was not all together
uncommon for older men who had usually lost their wife to either death or
divorce to marry very young "women". Qenherkhepeshef, a scribe from Deir El
Medina for example married a 12 year old girl when he was 54.


(TourEgypt.com, http://www.touregypt.net/featurestories/marriage.htm)

---

Age of Marriage in India


Jack Goody is a fellow of St. John’s College in Cambridge. In his book The Oriental, the
Ancient, and the Primitive, we find that girls were married off very early in Indian
households:
Srinivas writes of the days in India when ‘pre-pubertal weddings were the rule’
(1984:11): a girl had to be married ‘before she came of age.’ The father of a girl
was obliged by Hindu law and by custom of the country to marry her before she
attained puberty, though cohabitation was often delayed, an average of three
years…
(The Oriental, the Ancient, and the Primitive, p.208.


http://books.google.com/books?id=CZQ...A207&lpg=PA207
&dq=age+of+marriage+ancient+japan&source=web&ots=5WGazdlO6f& sig=rvR
tOggFs6yteb0Rks251bg-_k4#PPP1,M1)

---

Age of Marriage in Russia


In Russia, girls were being married off during childhood just some one hundred years
ago. We read:


DeMause (1990)[8] pointed to “child marriage [being] widespread in Russia well
into the nineteenth century.”


(G.U.S.: World Atlas, http://www2.huberlin.
de/sexology/GESUND/ARCHIV/GUS/RUSSIA.HTM#_Toc82813007)




And it is well-known that such early marriages remain prevalent in India today.

[فداء الرسول]

Age of Marriage in China


In Pre-Industrial China, girls were married around the age of puberty, or even before the
onset of puberty. We read:


Prepubertal Betrothal / Marriage


In the period till 771 BC, menarche indicated marriageable age…In 1855,
Huc[10] commented that “[n]othing is more common than to arrange a marriage
during the infancies of the parties, or even before their birth”… According to Fei
(1939:p40)[14], arrangements for marriage were made at age six or seven… The
usual age for affiancing children [i.e. betrothal] was between seven and fourteen
(Baber, 1934:p134)[15]. For an elaborate description of the custom of infant
betrothal as practised before 1911 in the conservative I-ch’ang districts, see Hanyi
and Shryock (1950)[16]… Most Lolo groups marry at puberty, although
“some Lolos marry quite early, even at the age of four to five years” (Siang-
Feng Ko, 1949:p491-2)[22], or are betrothed as infants (LeBar et al., 1964). In
general, “The age of puberty is a major juncture for youngsters of all
nationalities. However, many of the minority nationalities [of China] encourage
the marriage of their children before they mature, and thus follow the footsteps of
the older generations”[23].


…Among the turn-of-the-century Taiwanese, the practice of minor
marriage combined with a highly competitive marriage market drove the age of
the brides downward, below puberty (Ying-Chang and Wolf, 1995:p793)[24]


(G.U.S.: World Atlas, http://www2.huberlin.
de/sexology/GESUND/ARCHIV/GUS/CHINA.HTM#_Toc85469111)

---

Age of Marriage in Mongolia


The ancient Mongols married off their daughters at a very young age. Even today, it is
very common to see Mongol girls being wedded at the age of four or five years of age:
Among the Ordos Mongols, children are sometimes betrothed even before birth.
This custom, called eŭndege in swie (“Match-making before birth”), is thought by
the Mongols to be of very nacient origin. […] the actual age of marriage today
[1938] varies a great deal, from four or five years to sixteen or seventeen, the


average or ordinary age being fifteen (p66).


(G.U.S.: A World Atlas, http://www2.huberlin.
de/sexology/GESUND/ARCHIV/GUS/MONGOLIA.HTM)

---

Age of Marriage in Australia



The traditional Aborigines similarly married their daughters off during childhood:
In traditional Aboriginal society marriages are significant to the forging of
alliances, and often betrothal arrangements are made when the prospective bride
is very young, or possibly even unborn. A man may not marry until he has
undergone a significant part of the lengthy initiation process: thus, at marriage a
man will be in his twenties or even thirties. Often a man’s first wife is the widow
of an older man, and his subsequent wives may be much younger…
Among Yuwaaliyaay people, […] infant betrothal appears to have been the
norm”[28]. Among the aborigines of the Wheelman tribe a baby girl is betrothed
to a youth or man; he “grows” her, or supports her growing up (Hassell,
1936:p682)[29]…Calvert[32] mentions that “[…] a female child is betrothed, in
her infancy, to some native of another family, necessarily very many years older
than herself. He watches over her jealously, and she goes to live with him as soon
as she feels inclined”.


Spencer and Giller ([1927, II:p469-70) also mention betrothal of Aranda girls
“many years before the is born”. Radcliffe-Brown (1913:p184)[33] states that
“marriages are arranged before children are born”. Provis writes in Taplin
(1879:p93) of the Streaky Bay South aborigines that there can sometimes be
seen “the incongruous spectacle of a little child betrothed to a grown man. The
girl is called his Kur-det-thi (future wife). They sleep together, but no sexual
intercourse takes place till the girl arrives at the age of puberty”.
Schürmann writes in Woods (1879:p222)[34] of the Port Lincoln tribe that “long
before a young girl arrives at maturity, she is affianced by her parents, to some
friend of theirs, no matter whether young or old, married or single”. Howitt
(1904:p197) for the Wolgal tribe reports that “a girl is promised as a mere child to
some man of the proper class, he being then perhaps middle aged or even old”.


Betrothal occurred when “quite young”, states Bonney (1884:p129)[35]. Child
betrothal and marriage is noted for Arnhemland (Webb, 1944:p65)[36]. “A child
a year old will sometimes be betrothed to an old man, and it will be his duty to
protect and feed her, and (unless she is stolen by some one else) when she is old
enough she becomes his wife…The Yolngu practiced prenatal betrothal (Money
and Erhhardt, 1973 / 1996:p142)[43], and, together with eventual siblings, join
the husband at menarche, at age 12 or 13.
(G.U.S.: A World Atlas, http://www2.huberlin.
de/sexology/GESUND/ARCHIV/GUS/ABORIGINALAUSTRALIA.HTM
#_Toc82729383)

[فداء الرسول]

Age of Marriage amongst Native Americans


The practice of marrying girls at a young age was prevalent amongst Native American
populations as well, as we read in an article entitled “Living Arrangements Among
Native American Elders”:
Marriage was considered essential among all Navajos with polygamy, divorce,
levirate and sorarate being practiced. Marriages were traditionally not based on
romance but were arranged with the girls being married soon after puberty.


(Living Arrangements Among Native American Elders,
http://www.pop.psu.edu/general/pubs/...pri/wp9605.pdf.)
We read further:


A Delaware Native American girl who reached puberty may have had her
[marriage] union prearranged by her parents.
(WeddingDetails.com, http://www.weddingdetails.com/lore/native.cfm)
The first menstrual cycle was seen by the Native Americans as the coming of age, and
after a ceremony, the young girl was ready for marriage:


This following are accounts for the coming of age rituals of first young women
followed by that of the young men. The first occurred when the girl had her first
menstrual cycle… When this celebration [i.e. the coming of age] was complete,
joy of being accepted as a woman remained with the young girl as well as five
vertical red and black stripes painted onto her cheek. These strips would be
eventually removed and when the last of them was gone the young girl would be
ready for marriage.


(Native Americans,
http://edf3.gallaudet.edu/diversity/...e_american.htm)

The Aztecs married their daughters off “well before the age of puberty”:
“Most [Aztec] girls were married (cohabiting) well before the age of puberty”
(McCaa, 2003)[3]. Girls among the ancient Aztec (Nahua) married before age 15,
and in many cases before 12 (McCaa, 1997; cf. 1996, 1994)[4]: “Children became
adults upon marriage, and most children above the age of 10 years were married
(or widowed, separated or abandoned)”. Females married very young, according
to the narrative evidence from the Book of Tributes (Cline, 1993:p31-2)[5].
Quantitative analysis of these data places the average for females below the age of
thirteen
(G.U.S.: A World Atlas, http://www2.huberlin.
de/sexology/GESUND/ARCHIV/GUS/AZTEC.HTM)
The various South American tribes practiced early marriage, and this practice continued
well into the 1500s. It is sometimes referred to as a “rearing marriage”, i.e. the husband
raises his wife from childhood. We read:
Sumner (1906:p382) [29] cited reports that of child marriage where “girls of ten
are mothers”[30]. Child betrothal is reported among the Guaraní of the Paraná
River. “In some cases little girls were given to grown men, who lived with their
child wives, probably in the house of their future parents-in-law” (Métraux,
1948)[31]. Child betrothal is also reported among the Cainguá, but the girls were
said to remain with their parents, who receive presents from their prospective
sons-in-law (ibid.)…
For the Samaraka, “[i]n the past, girls were formally betrothed (kiiá) well before
puberty, and “betrothal in the womb” was an accepted practice, while today mean
age at betrothal is only a year or two below age at marriage and child betrothal is
unknown” (Price, 1975)[33]. Among the Warao, “[t]here were boys who were
betrothed to little girls who had not yet reached puberty” (Heinen, [1988])[34].
Among the Brazilian Yanomamo, “[p]arents may also betroth their children
while they are still infants” (Early & Peters, 1990)[35]. Among the Cuna, the
premarital four-day debut ceremony is even sometimes given before puberty in
the parents’ zeal to insure their daughter’s having it (Stout, 1947:p34). As for the
Asang, “[a] girl at a very early age, between eight and nine, is betrothed to a
young man, who at once takes up residence in the house of her parents, whom he
assists until […] [she] is old enough to be married, when, without ceremony, they
are recognized as man and wife (Pim and Seeman, 1869:p306-7)[36]…
The Aikaná practiced betrothal in childhood, marriage took place after menarche
(Becker-Donner, ?:p280)[38]. The same was formerly so in the Makurap (p290).


The Bororo practised rearing marriage (Levak, 1973:p77-8)[39].
(G.U.S.: A World Atlas, http://www2.huberlin.
de/sexology/GESUND/ARCHIV/GUS/SOUTHAMERICA.HTM)

---

[فداء الرسول]

Age of Marriage in Africa



Amongst the various tribes of Africa, we find that the practice of marrying off girls at the
age of puberty and even before that was very common.
Rohlfs reported mothers of ten or twelve at fesan (cited by Sumner,
1906:p382)[156]. The Akan custom of “Asiwa”[157] (infant betrothal) had almost
become the principal form of getting married until it was abolished, in 1918, by
the Okyeman Council[158]…


Among the Fanti, children could be betrothed before they were mature. The Masai
practiced fetal and infant betrothal. Infant betrothal was further said to be
practiced by the Azande, and Mbuti. Childhood betrothal was practised among the
Dogon. Yao girls would be betrothed as infants or small children. Betrothal before
birth or in early infancy was usual among the Kuranko. Among the Ewe, children
would be betrothed in childhood or before birth. Among the Tshi-speaking
people, a girl was publicly advertised for marriage at puberty (age 11-12) by


being paraded through the streets decked out in ornaments. Lateral betrothals
frequently took place before puberty and sometimes before birth.


Among the Yoruba-speaking peoples, girls of better class were almost always
betrothed when children, frequently when infants, the husband in futuro being
sometimes an adult, sometimes a boy. Among the Konkomba, a girl was
betrothed to a man of more than twenty years of age, sometimes to an elder who
may give her away for marriage.


Among the Ethiopean Galla, marriages were often arranged by betrothal at a very
young age. In the Uganda protectorate, “[a]t any stage of its infant life a child
may be betrothed to some other infant or to one many years older than itself”.
Among the Somali, infant betrothal may have been common in the past. Among
the Mambwe / Amambwe (Zambia), betrothal was common in childhood. Among

the Yahgan, little girls were betrothed to adult men; sometimes parents agree to
unions between little boys and girls. The Ila child was sometimes betrothed at age
four, or even earlier. Among the Mouktélé (Northern Cameroon), children were
betrothed in infancy, somewhere around age six. Among the Bangwa (Western
Cameroon), a baby was betrothed at birth, or in infancy. Among the Bali (Western
Cameroon), betrothal, but not marriage, of children could take place before
menarche or puberty.


The Fang were sometimes married before birth. Koalib girls were betrothed at
eight or nine years of age, and at twelve or thirteen the marriage was
consummated. Nuba men begin courting at age twenty and generally get betrothed
to a girl child. Among the Azande, infant betrothal was the rule. As for the Tshidi
Barolong (South Africa), infant betrothal is practiced. Among the nomadic Fulani
children were betrothed at ages seven to ten in the case of girls, and from three to
ten in the case of boys. The Shuwalbe Fulani practiced infant betrothal between
boy and girl. Infant betrothal and adoption marriage among the Mbaise Igbo.


Traditionally, betrothal in infancy or childhood was customary in Benin Kingdom
and among the Northern Edo. In case of the Igbira of Northern Nigeria, betrothal
often took place in childhood. Among the Igala, betrothal could occur at age four
to five. Among the Utonkon-Effium Orri, betrothal of girls occurred at birth.
Among the Luo, child betrothal or marriage could take place. Childhood betrothal
was noted for the Shambala. The Nkundo girl could be betrothed in infancy. In
Tanzania, immature girls could also be betrothed, but infant betrothal occurred
only in mock fashion…


Among the African Marutze, the children “are often affianced at an early age, and
the marriage is consummated as soon as the girl arrives at maturity[162]. The
Negroes of the Gold Coast, according to Bosman, often arranged for the marriage
of infants directly after birth[163]; whilst among the Bushmans, Bechuanas, and
Ashantees, children are engaged when they are still in the womb, in the event of
their proving to be girls[164]…


In Ethiopia, marriage occurs between age 12 and 15. Hausa women were married
just before puberty (villages) or after (rural dwellers), to adolescents some seven
years older. A Tuareg girl may have been married by age seven or eight. Fang
children were sometimes married before birth. In pre-1900 Nubia, girls were
married at the age of from eight to ten years. G/wi girls were married at age 7-9,
boys at about 14-15. Among the Kung, eight and nine-year-old brides would be
married to teenaged husbands. Bela would have been married before puberty.
Among the Kabyles, a father could marry his daughter before she has reached
puberty. Among the Igala (Northern Nigeria), the marriageable age was eight to
ten for girls…
Today[167], “very little country data exist about marriages under the age of 14,
even less about those below age 10”. In Ethiopia and in parts of West Africa,
marriage at age seven or eight is not uncommon. In Kebbi State, Northern
Nigeria, the average age of marriage for girls is just over 11 years, against a
national average of 17[168]. A 1991 UN Population Cart indicates legal ages of
marriage of 9 in Morocco (males, with parental consent, compared to 21 for
females) and 6 for Ghana (both sexes, with or without consent)[169].
(G.U.S.: A World Atlas, http://www2.huberlin.


de/sexology/GESUND/ARCHIV/GUS/AFRICA.HTM#_Toc86519743)
In many parts of Africa, girls continue to get married upon the commencement of
puberty. UNICEF recently surveyed six African countries:


A recent study by UNICEF in six Western African countries showed that 44 per
cent of 20-24 year old women in Niger were married under the age of 15. The
need to follow tradition, reinforce ties among or between communities, and
protect girls from out-of-wedlock pregnancy were the main reasons given.


(UNICEF, http://www.unicef-icdc.org/publicati...f/digest7e.pdf)

[فداء الرسول]

Age of Marriage Under Hindu Law

Due to the situation in Kashmir, many Hindus harbor ill will towards Muslims. As a
consequence, some of them attack Prophet Muhammad (peace be upon him) by accusing
him of being a pedophile. Yet, a quick look at the Hindu religious texts is enough to
refute them. In the Hindu religious scripture known as the Manu-smriti, we read:
Gautama (18-21).— A girl should be given in marriage before puberty.
Vashistha (17.70).— Out of fear of the appearance of the menses, let the father
marry his daughter while she still runs about naked. For if she stays in the home
after the age of puberty, sin falls on the father.


Bodhayana (4.1.11).— Let him give his daughter, while she still goes about
naked, to a man who has not broken the vow of chastity and who possesses good
qualities, or even to one destitute of good qualities ; let him not keep the maiden
in his house after she has reached the age of puberty.


(Manu IX, 88; http://www.payer.de/dharmashastra/dharmash083.htm)


In an article entitled “Child Marriage in Nepal”, we read:


In the ancient Hindu scriptures of 400 to 100 BC, there are strict moral laws that
enjoin the father to marry off his daughter at a very young age. These religious
texts indicate that the best age for a girl to get married is between is 8 and 10.
It has been also mentioned that a girl should not wait for marriage more than three
years after attaining puberty, and if she is not given by then in marriage by her
father, the texts even instruct her to get married on her own. Such religious texts
(the Bishnu Sutra and Gautam Sutra) direct the father to marry his daughter
within three weeks of attaining puberty, and no later.


By 200 BC, the rules for a daughter's marriage seems to have become even more
strict. The religious texts of that time contain strict moral laws that enjoined the

father to marry off his daughter before she reaches puberty. Sage Manu of that
age has categorically written in his treatise, Manu Smriti, that if a girl remains
unmarried after reaching the puberty, the father has failed in his duty towards her.
Similarly, another sage, Parasara, said that the parents or guardians of a girl in
who reaches puberty before marriage will definitely go to hell. Such rules
imposed by the "holy ones" had their effect upon the religious population, and the
practice of child marriage was firmly established by 200 BC.
(Child Marriage in Nepal,


http://www.cwin.org.np/resources/iss...d_marriage.htm)
The Encyclopedia of Religion and Ethics says:


[It was considered] sinful on the part of the [Hindu] father to allow his daughter to
attain puberty without being married and the girl herself fell to the condition of a
Sudra [i.e. low caste], marriage with whom involved degradation on the part of
the husband…the Smrti of Manu fixes the age of husband and wife at 30 and 12
or 24 and 8 respectively; the later work of Brhaspati and the didactic portion of
the Mahabharata give the wife’s age in these cases as 10 and 7 respectively,
while yet later texts give 4 to 6 as the lower and 8 as the upper limit. There is
abundant evidence that these dates were not merely theoretical.


(Encyclopedia of Religion and Ethics, p.450,


http://books.google.com/books?id=INJ...3&lpg=PA523&dq
=manu+ix+a+girl+should+be+given+in+marriage+before+puberty&s ource=web
&ots=7WP3uyXj9V&sig=HN-O7gG0ya_0QTuwCvEUjGPQG_Y#PPA522,M1)


The Encyclopedia of Religion and Ethics says further:
We find the rule, almost universally valid in the Smritis, according to which the
nagnika, i.e. a girl going naked and yet immature, is the best (wife). [6] ....Manu
shortly afterwards (ix. 94) lays down that a man of thirty years shall marry a girl
of twelve, and a man of twenty-four a girl of eight years...in Baudhayana [1] it is
stated: "To a virtuous, pure husband the girl should be given while she is still
immature; even from an unworthy man she should not be withheld if she has
attained womanhood."


The strict injunction regarding marriage before the commencement of puberty
gains additional force from the fact that disregard of it is represented as
accompanied by evil consequences for the father. While Manu is content to
characterize the father as blameworthy [2] who does not give his daughter in
marriage at the proper time, it is stated in Vasistha: "For fear of the
commencement of puberty, let the father give his daughter in marriage while she
is still going about naked. For if she remains at home after the marriageable age,
sin falls upon the father." [3]


...Observance [of child marriage], at least among the Brahmans, became essential
and fundamental for orthodox Hinduism.


(Encyclopedia of Religion and Ethics, pp.522-523,


http://books.google.com/books?id=INJ...3&lpg=PA523&dq
=manu+ix+a+girl+should+be+given+in+marriage+before+puberty&s ource=web
&ots=7WP3uyXj9V&sig=HN-O7gG0ya_0QTuwCvEUjGPQG_Y#PPA522,M1)

[فداء الرسول]

Age of Puberty

Range of Puberty


I have firmly established the fact that marriage at or around puberty was the norm
amongst ancient (and not so ancient) civilizations. Yet, perhaps an Islamaphobic
polemicist might argue that the average age of puberty was twelve years of age, whereas
Aisha (peace be upon her) was only nine or ten when she moved into Prophet
Muhammad’s house. Yet, this argument could is weakened easily. Yes, the average may
well have been twelve years, but surely the reader should know what the word “average”
means! Both mean (average) and median indicate values which are in the middle of a
range of numbers. Therefore, if some girls attain the age of puberty at twelve, then
others are having their periods at nine and still others at fifteen. LiveScience.com says:


There is a range, and this has been part of the problem of establishing the
"normal" age of puberty. Girls might enter full-blown puberty anytime between
ages 9 and 15.


(LiveScience.com, http://www.livescience.com/health/07...d_puberty.html)
So, girls will go through “full-blown puberty” at various ages, anywhere from between
nine and fifteen years of age. HealthTouch.com says:
Puberty usually starts between ages 8 to 13 in girls
(HealthTouch.com,


http://www.healthtouch.com/bin/ECont...sp?fname=07103
&title=PUBERTY+IN+GIRLS+&cid=HTHLTH)
Even if we look simply at menarche, we can see that the age varies greatly. A medical
journal on Cambridge.org says:


The variable age at menarche was normally distributed with an age range of 7–24
years.

(Cambridge.org,
journals.cambridge.org/production/action/cjoGetFulltext?fulltextid=10260
HerWord.com says:


Don’t be surprised if your nine-year-old daughter will have her menarche that
early.


(HerWord.com,
http://www.herword.com/healthdesk/ot...s10.28.03.html)

---

Range of Puberty Varies With Location


It is well-known that the average age of puberty differs from one population to another
and from one race to another. It is therefore likely that while girls living in European
countries tend to enter “full blown puberty” at around age twelve, whereas Arabian girls
living a thousand years ago most likely went through this same process at a much
younger age. Climate and altitude may affect the average age of puberty. It has been
demonstrated in numerous studies that girls living near the equator have menarche earlier
than those living farther away from it. Some scientists attribute this to the warmer
climate, whereas others attribute this to additional factors such as exposure to light.
HerWord.com says:
There was a study conducted showing that girls who live in countries close to the
equator started their menstruation earlier.


(HerWord.com,
http://www.herword.com/healthdesk/ot...s10.28.03.html)
The book Women and Health Psychology says:
Many factors have been reported to affect age at menarche and/or the regularity of
menstruation—[such as] climate, altitude, race, height, weight, hereditary,
stress/psychological factors, light, and nutrition.
(Women and Health Psychology,


http://books.google.com/books?id=pK9...74&lpg=PA74&dq
=menarche+climate&source=web&ots=ILfZwgFzEO&sig=8ZZxn7Dvhzm2 HH3
cQTBh9_K-mss#PPP1,M1)


This phenomenon is not limited to menarche, but also applies to the whole of puberty. In
the book Women: An Historical, Gynecological, and Anthropological Compendium, we
read:

The average temperature of the country or province is considered the chief factor
here, not only with regard to menstruation but as regards the whole of sexual
development at puberty.
(Herman H. Ploss, Max Bartels and Paul Bartels; Woman: An Historical,
Gynecological, and Anthropological Compendium, Volume I, Lord & Bransby,
1988, p.563; http://www.biblioz.com/lp25762280577_207.html)
Whether or not it is climate, latitude—or some other variable that affects menarche—is a
hotly debated (and politicized) topic, but the point is that there are many factors which
would contribute to an altered age of puberty. Therefore, it is not at all implausible that
the average age was much younger in Arabia one thousand years ago. There is absolutely
no way that anyone can disprove the idea that puberty began much earlier back then,
since it is known that the average age fluctuates from one time to the other. In fact, the
historical evidence supports our claim that the average age of puberty was much younger
during the time of the Prophet (peace be upon him).
Just within the last one hundred years there has been a dramatic change in the average
age of puberty, so one can only imagine the great change that could have taken place
within the span of one thousand years! The historical literature does indeed suggest that
the average age of puberty was much younger in Eastern countries. The Cambridge
World History of Food says:


Albrecht von Haller (1775), for example, claimed that girls in the southerly
regions of Asia, where the climate was warm, were marriageable in their
eighth year and gave birth in their ninth or tenth year; conversely, women in
Arctic regions did not menstruate until age 23 or 24. This view was shared by
other eighteenth-century writers, most notably J.F. Freind (1738), Herman
Boerhaave (1744), and Montesquieu (1751).
(The Cambridge World History of Food, p.1455,
http://books.google.com/books?id=tAn...55&lpg=PA1455&
dq=average+age+of+puberty+climate&source=web&ots=MQwdFaB1iY& sig=GwJ-pPjE3b0hrx8KYYNRKTuVxE#PPA1454,M1)


It is generally accepted that historically girls in Eastern civilizations reached puberty
before their European counterparts, which was one of the reasons that marriage
oftentimes took place a few years earlier in the Orient. The Southern Medical and
Surgical Journal says:


It is allowable to infer that early marriage in oriental countries (which has
generally, but without any proof, been ascribed to precocious puberty) ....
(The Southern Medical and Surgical Journal, p.41,


http://books.google.com/books?id=Qpw...PA41&lpg=PA41&
dq=russia+puberty+marriage&source=web&ots=8yfAFiQxuK&sig=6Z4 em89heF
tlZG_Zyjf_ar5GE8s)


In any case, it is altogether unnecessary to prove the point that menstruation occurred
earlier in ancient Arabia. We could even rely on the normal ranges provided for girls
today in Europe, and we find that the ranges always include nine, and Aisha (peace be
upon her) was either nine or ten when she moved into the Prophet’s house. We do not
need to establish that the average age of puberty back then was nine, but rather we
merely need to demonstrate that nine years old was within the normal range of puberty,
which it most certainly was and still is.

[فداء الرسول]

Age of Puberty in Ancient Arabia

Age of Sexual Maturity in Ancient Arabia
We have provided categorical proof that such early marriages took place in all ancient
(and not so ancient) civilizations, including the Jewish, Christian, Hindu, Roman, Greek,
Russian, African, Native American, Mongolian, Chinese, Indian, Egyptian, and
Australian civilizations, among others. But perhaps the most relevant is the seventh
century Arabian civilization, so here we shall cite proof that sexual maturity took place
very early in the days of the Prophet (peace be upon him). Ustadh Ayman bin Khaled
cited a number of examples in Bassam Zawadi’s article, as follows.


Imam al-Shafi’i said in Siyar A’lam al-Nubala’ (Vol.10, p.91):


During my stay in Yemen, I have come across girls at the age of nine whom
menstruated…
Imam al-Bayhaqi also narrated the words of Imam Shafi’i in Sunan al-Bayhaqi al-Kubra
(Vol.1, p.319):


I have seen in the city of Sana’a a grandmother while she was twenty-one. She
menstruated at the age of nine and gave birth at the age of ten.


Ibn al-Jawzi narrated similar stories from Ibn U’qail and U’bad al-Mahlby in his Tahqeeq
fi Ahadith al-Khilaf (Vol.2, p.267). So the fact is that girls were sexually active at the age
of nine, and they were turning into grandmothers before most people alive today would
have their own children! Therefore, because this was the cultural norm back then, no
blame can be put on Prophet Muhammad (peace be upon him). It is unacceptable to
judge an ancient figure based on today’s standards; we must judge him based on what
was the norm back then.

---

Age of Marriage Under Islamic Law


Marriage of Immature Girls in Islam


Islamic Law (Shari’ah) allows for a marriage contract (nikah) to be drafted years before
the marriage itself is actually enacted. In other words, the marriage contract is drawn up,
but the contract is not executed until a later date. So even though the marriage contract
can be drafted, the girl will not be “handed over” to the husband until many years
afterwards. In other words, a father can marry his immature daughter off to a man before
she comes of age, but the husband may not consummate the marriage until after she
attains maturity.


Under Islamic Law, there are certain shuroot an-nifaadh (conditions required for the
execution of the contract): for consummation of marriage, one of these conditions is that
both parties are mature enough for marriage. If this condition is not met, then the
marriage contract remains mauqoof (suspended) and has no actual practical effect, i.e. the
consummation of marriage is delayed until the girl becomes mature enough for that. In
the example of Prophet Muhammad (peace be upon him) and Aisha (peace be upon her),
the marriage contract was signed when she was immature, but only took effect until after
she attained maturity. This is why Aisha (peace be upon her) remained in her father’s
house for three years after the marriage contract was drafted.


Shaykh Salih al-Munajjid said:



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 this reason, the Prophet (peace and blessings of Allaah) delayed
the consummation of his marriage to ‘Aa’ishah…Al-Dawoodi said: ‘Aa’ishah
(may Allaah be pleased with her) had reached physical maturity (at the time when
her marriage was consummated). [Sharh Muslim, 9/206]
(source: http://www.islamqa.com/index.php?ref=22442&ln=eng)


Islamic legal terminology is what confuses many Non-Muslims; they hear that Abu Bakr
(peace be upon him) married his daughter Aisha (peace be upon her) to Prophet

Muhammad (peace be upon him) when she was only six or seven years old; at that time,
she was an immature girl. However, the marriage was not consummated until years
afterwards. Therefore, the reality is that the Prophet (peace be upon him) was just
betrothed to Aisha (peace be upon her) when she was an immature girl, but the marriage
was only consummated once she became a mature adult.

[فداء الرسول]

Annulment


Under Islamic Law, there is a concept called khiyar al-buloogh, which means “the option
of puberty”. It means that while an immature daughter’s marriage can be arranged by an
elder, she has the right to annul the marriage at the age of puberty if she is not compatible
with her husband. Ustadh Ayman bin Khaled stated:


[According to] Tuhfat Al-Muhtaj and Al–Umm…the father has the right to have
his daughter—who is pre-pubertal—married without her permission. However, in
case this man is incompatible [with her], then she has the right to annul this
marriage. [The] Hanafi madhab, for example, says she has the choice [to annul
the marriage] when she reaches puberty [khiyar al-buloogh].
(Ustadh Ayman bin Khaled, Admin of Multaqa Ahl al-Hadeeth)
Separation
Annulment via khiyar al-buloogh is limited to the age of puberty. However, khula is
always an option available to a female of any age, and this is a right given to women in
the Quran itself. The scholars differ on whether or not khula is a separation [i.e.
revocation of a marriage as if it never happened] or a divorce. Maulana Muhammad
Yousaf Taibi wrote:


The scholars have also differed on the matter whether Khula is a divorce or
cancellation of Nikah (marriage). But the fact is, whatever name you give it, its
commands will remain the same.
(Maulana Mohd. Taibi, http://www.themuslimwoman.com/marriage/khula.htm)

In other words, the end result is the same: the man and wife will no longer be husband
and wife. This author takes the view that Khula is separation [i.e. cancellation] and not
divorce. Shaykh Nayif al-Hamad, presiding judge of Rimah District Court (in Saudi
Arabia), declared:


The Khul’ separation is a revocation of marriage & not a divorce
…It is deemed to be a revocation of the marriage and not a divorce…
Ibn `Abbâs said: “Khul` is a separation and not a divorce” [Related by Ahmad.
Ibn Hajr said: "Its line of transmission is authentic." al-Talkhîs al-Habîr (3/231)].
Someone asked Ibn `Abbâs about a man who divorced his wife twice, then she
made khul` with him; can he marry her again? Ibn `Abbâs replied: “Yes, Allah
mentions divorce at the beginning and at the end of the verse and mentions khul`
in between.” [Related by `Abd al-Razzâq (11771)].


Ibn al-Qayyim said: "This is the school of thought of Ibn `Abbâs, `Uthmân, Ibn
`Umar, al-Rubayyi` and her uncle. In fact, it was never related by any Companion
that khul` is a divorce." [Zâd al-Ma`âd (5/197)].
Ibn Khuzaymah said: “It was never established that khul` is a divorce [al-Talkhîs
al-Habîr (3/231)].


This is the opinion of Ibn Taymiyah. He gives strong support for this opinion in
Majmû` al-Fatâwa (32/289).
(Shaykh Nayif al-Hamad,


http://islamtoday.com/show_detail_se...&main_cat_id=8)
In any case, regardless of whether or not khula is a divorce, the fact is that a woman has
the right to remove herself from any marriage. Admittedly, it is not permissible for a
woman to seek a revocation of her marriage if nothing is wrong with the marriage.
(What kind of a person would divorce her husband if nothing was wrong?) However, if


something is wrong with her marriage (i.e. if the marriage causes her some hardship or
harm), then she has the right to seek khula, according to Islamic Law (Shari’ah).
Shaykh Abdur Rahman al-Ajlan, a lecturer at the Grand Mosque in Mecca, declared:
A woman should not ask for a divorce without a legal or valid reason as long as
she can manage to live with her husband. Our Prophet (peace be upon him) said:
“Any woman who requests her husband to divorce her without a valid reason will
not smell the scent of Paradise.”


However, if a proper marital life has become impossible between the two or if it
has become simply unbearable for her, then it is permissible for her to ask
for divorce. Allah says: “But if they separate, Allah will provide abundance for
each of them from His all-reaching bounty.”
(Shaykh Abdur Rahman al-Ajlan,
http://islamtoday.com/show_detail_se...&main_cat_id=8)
The proof that it is allowed for a Muslim woman to seek khula comes from an authentic
Prophetic narration, as follows:


The wife of Thabit ibn Qays came to the Prophet and said: “O Messenger of
Allah, I do not find any fault with Thabit ibn Qays in his character or religious
commitment, but I do not want to commit any act of kufr after becoming a
Muslim.” The Prophet said to her: “Will you give back his garden?” Because he
had given her a garden as her dower. She said: “Yes.” The Prophet said to
Thabit: “Take back your garden, and divorce her.”
(Narrated by al-Bukhari, 5273)


Shaykh Salih al-Munajjid commented on this hadeeth:

From this case the scholars understood that if a woman cannot stay with her
husband, then the judge should ask him to divorce her by khula’; indeed he
should order him to do so.


(Shaykh Salih al-Munajjid, Islam-qa.com, http://islamqa.com/en/ref/26247)


According to the Hanbalis, Shafi’is, and Malikis, a judicial decree can separate a man and
woman, even against the wishes of the husband. We read:


According to all schools except the Hanafis a wife may obtain a judicial decree of
divorce on the grounds of some matrimonial offense—e.g., cruelty, desertion,
failure to maintain—committed by the husband.
(Encyclopedia Britannica, http://www.britannica.com/eb/article-
68932/Shariah#196917.hook)


The judge and the court are to be the protectors of the rights of women. They are
entrusted with the right to dissolve any marriage, and are commanded to do so when there
is any harm being done to the wife, even if the husband refuses to grant khula to his wife.
Abu az-Zubayr of IslamicAwakening.com, a senior student of knowledge, explained:
She [the wife] has the Shara’i right to demand a khul’ and [if] the husband
refuses, she goes to the judge…the judge looks at the situation and forces
separation, even if the husband does not like it.
(Abu az-Zubayr, IslamicAwakening.com)


Maulana Muhammad Yousaf Taibi wrote:


It is not essential to seek khula through court; the two parties can separate through
mutual agreement. But if the husband does not agree, then the wife can
contact the court.


(Maulana Mohd. Taibi, http://www.themuslimwoman.com/marriage/khula.htm)
Shaykh Ibrahim al-Khudayri issued the following fatwa (religious edict):

---

Question:

Is (the) muslim qazi (judge) permitted to invoke the proceedings of khula
(divorce) on the unilateral initiation of (a) woman living away from her husband
in the absence of her husband?


Answer:


Praise be to Allaah.


Yes, that is permissible, because the qaadi (judge) has the authority to separate
husband and wife and thus end the marriage if it is impossible for them to
maintain a stable marriage and if the wife is being harmed by her husband’s
neglect, whether it be sexual, economic or social. The qaadi should study each
case on its own merits and look into the circumstances surrounding each case. The
husband’s absence has no effect on the validity of the annulment.


(Shaykh Ibrahim al-Khudayri, Islam-qa.com, http://islamqa.com/en/ref/12179)
A wife can seek khula for a variety of reasons; one of these reasons could be that she
simply does not like him. (From this, we can see that the Islamaphobes have painted a
very inaccurate portrait of Islam; unlike Christianity, Islam does not force a wife to stay
in a marriage that she dislikes.) Shaykh Salih al-Munajjid said:


…It is permissible to seek a divorce, [for reasons] such as disliking her husband,
not being able to stay with him or disliking him because of his immoral ways and
indulgence in haraam actions, etc., [and] there is nothing wrong with her seeking
divorce.


(Shaykh Salih al-Munajjid, Islam-qa.com, http://islamqa.com/en/ref/26247)


Shaykh Ibn Jibreen listed some of the reasons that a wife may seek khula:

If a woman dislikes her husband’s treatment of her – for example, he is overstrict,
hot-tempered or easily-provoked, or gets angry a lot, or criticizes her and
rebukes her for the slightest mistake or shortcoming, then she has the right of
khula’ [female-instigated divorce].


If she dislikes his physical appearance because of some deformity or ugliness, or
because one of his faculties is missing, she has the right of khula’.
If he is lacking in religious commitment – for example, he doesn’t pray, or
neglects to pray in jamaa’ah, or does not fast in Ramadaan without a proper
excuse, or he goes to parties where haraam things are done, such as fornication,
drinking alcohol and listening to singing and musical instruments, etc. – she has
the right of khula’.
If he deprives of her of her rights of spending on her maintenance, clothing and
other essential needs, when he is able to provide these things, then she has the
right to ask for khula’.


If he does not give her her conjugal rights and thus keep her chaste because he is
impotent (i.e. unable to have intercourse), or because he does not like her, or he
prefers someone else, or he is unfair in the division of his time [i.e., among cowives],
then she has the right to ask for khula’.
And Allaah knows best.


(Shaykh Ibn Jibreen, http://islamqa.com/en/ref/1859)


Although it is true that a woman cannot seek khula without any reason, she can do so if
she has a reason for that. Shaykh Salih al-Munajjid declared:


The Prophet (peace and blessings of Allaah be upon him) said: “Any woman who
asks her husband for a divorce when there is nothing wrong, the fragrance of
Paradise will be forbidden to her.” Narrated by al-Tirmidhi and classed as saheeh by al-Albaani in Saheeh
al-Tirmidhi.



What is meant by something wrong is hardship which compels her to seek a
separation.
Asking for divorce when there is no problem that would compel a woman to do
that is haraam, and some scholars regarded it as a major sin, such as Ibn Hajar al-
Haytami in al-Zawaajir.
From the hadeeth quoted above it may be understood that it is permissible
for a woman to ask for a divorce if there is some hardship or harm that will

necessary food, clothing or accommodation, or if he is impotent, unjust to his
wives in a polygamous situation, or does not fulfill his obligations according to
their marriage contract, then she can redeem herself [i.e. seek khula] by refunding
the dowry already paid by her husband upon marriage so that she can be freed
[from the marriage].
The lawfulness of such an act is mentioned in the Qur’an and Sunnah. Allah says:
“If you indeed fear that they will not be unable to keep the limits ordained by
Allah, there is no blame on either of them if she gives something for her
freedom.”
Ibn `Abbâs said: “The wife of Thâbit b.Qays came to the Prophet (peace be upon
him) and said: 'O Messenger of Allah, I do not dishonor his morals or his religion
but I do not like any act of disbelief in Islam.' The Prophet (peace be upon him)
said: 'Would you return to him his garden?' She said: 'Yes.' The Prophet (peace be
upon him) then told Thâbit: 'Take over your garden” [Sahîh al-Bukhârî]
This woman requested to be separated from her husband to avoid any failure in
her duties towards him because she hated him.
…The husband should…willingly divorce her, and he will be rewarded for that,
but if he refuses, she can redeem herself.
At that time she has to give back his money then she can have the khul` by
decree of an Islamic judge or relevant Islamic authority in your area.
(Shaykh Abdullah Nasir al-Sulami,
http://islamtoday.com/show_detail_se...&main_cat_id=8)
The conclusion of our discussion is that a father may marry his daughter off before she
becomes mature, but the marriage contract is not executed until after she becomes
mature. Meanwhile, she has the right to annul the marriage using khiyar al-buloogh, or if
that does not apply, then she can seek khula at any time she wants. Therefore, for all
practical purposes, the “marriage” arranged by the Muslim father is similar to the

Western concept of betrothal; a father betroths his daughter to a man, but she will
eventually be able to accept or reject this marriage, using the options of annulment and
khula, as applicable. Once her marriage is terminated, the woman is free to marry any
man of her choosing; Muslim wives are allowed to remarry as many times as they wish.


be caused if the marriage continues.
(Shaykh Salih al-Munajjid, Islam-qa.com, http://islamqa.com/en/ref/99870)
The Islamaphobes claim that Islamic Law (Shari’ah) allows a girl to be placed in a
marriage that would cause her hardship or harm. Yet, the truth is that the Islamic Law
gives every woman the right to have her marriage dissolved if the marriage is causing her
hardship or harm! This applies to a female of any age. Such is the beauty of the Islamic
religion. Therefore, if her father marries her to someone, and she cannot reasonably
tolerate that marriage, then she can simply seek a khula. Ustadh Ayman bin Khaled
wrote:


If the woman is in a situation—that she cannot stand whom she got married to—
she can always ask for divorce through khulu', and if the husband refuses and
there is harm on her [from the marriage], the judge can [and should] divorce her.
(Ustadh Ayman bin Khaled, Admin of Multaqa Ahl al-Hadeeth)
Shaykh Abdullah Nasir al-Sulami, professor at the Higher Juridical Institute in Saudi
Arabia, declared:


If a woman hates her husband and cannot live with him any more due to his bad
manners or due to his lack of performance of his religious duties, or if she feels
that she can not fulfill her duties towards him, or if he treats her improperly,
causing continuous baseless disputes for her, or fails to provide her with

[فداء الرسول]

Christian Law Prohibits Divorce


The Islamic Law (Shari’ah) is actually much more “progressive” than the Christian Law.
As we have seen in the section above, a woman under Islamic Law can seek a divorce
(khula) simply because she does not like the husband. However, Biblical law prohibits a
woman from seeking a divorce from her husband. According to the Catholic and
conservative Protestant view, neither divorce nor remarriage is allowed. Some
conservative Protestants allow divorce, but prohibit remarriage. Mainstream Protestants
limit divorce to cases of adultery or abandonment; in other words, a woman is stuck with
her husband even if she dislikes him, or if he is abusive towards her! In an earlier chapter
of this book, entitled “Age of Marriage Under Christian Law”, we saw how Christian
Law allows girls as young as seven be married off; if the husband has sexual intercourse
with her, then she can no longer annul the marriage nor divorce him. Contrast this to the
Islamic Law (Shari’ah) which allows a woman to seek a separation (khula) herself at any
age!


Marriage of Immature Girls is the Exception, Not the Rule
Under Islamic Law, the general principle is that girls should not be married off whilst
they are immature and under the age of accountability. This is because they are too
young to make an informed decision by themselves. Marrying them without their
consultation would be considered oppression.
Shaykh Faraz Rabbani declared:


Marrying her off like this would in almost every case be a major sin, because of
the harm, contravention of law, etc.

(Shaykh Faraz Rabbani, SunniPath.com)


However, there is an exception: fathers are allowed to marry their immature daughters off
if they fear that delaying the marriage would mean losing out on a great opportunity. If
the girl receives a very good marriage proposal—and the father fears that this proposal
would be lost if the decision is delayed—then he is allowed to marry her off despite her
young age. Because this is done with the intention of safeguarding the benefit of the girl,
it is not seen as a form of oppression. Imam an-Nawawi said:


They (the parents) 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…In that case [if there is a benefit that would be lost with delay] 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 to slip away.


In fact, in most instances in which young girls were married off before maturity, it was in
order to ensure that the girl did not lose out on a marriage proposal from a powerful man.
This situation may not be applicable to today’s society, but it used to be the case in
ancient times that a king or prince would wish to marry a daughter of another king or
prince. Therefore, the marriages would be arranged when the girl was still immature.
This practice was prevalent in Christian Europe for many hundreds of years.


This may seem odd by today’s cultural mores, but it was the societal norm back in
ancient (and not so ancient) civilizations. One king would ask to marry another king’s
daughter; the girl’s father did not want to lose out on such a good marriage proposal, so
the marriage would be solemnized even when she was a child. (Another added benefit of
these marriages was to strike an alliance between the two kingdoms.) Similarly, Abu
Bakr (peace be upon him) didn’t want to lose out on the Prophet’s proposal, since after
all, who would be better for his daughter than God’s Prophet? (Furthermore, the Prophet
wished to seal an alliance through this marriage; delaying the alliance would mean
putting the fledgling Muslim polity at risk.)

It should be kept in mind that although Islam allows for such a provision, this only
applies to the situation where a father thinks that delaying the marriage would lead to the
girl missing out on a great opportunity. Otherwise, Islam does not at all encourage
marrying off daughters at such a young age. As Shaykh Salih al-Munajjid said:


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