There was absolutely no spur to comment on the raging controversy of child marriage during the month of Ramadan basically because other issues relevant to the holy month and fasting remained inexhaustible.
While preparing for the Eid, I recalled a number of people had sought my opinion and that of Islam on the issue, so, it became one of the issues staring at me on my table.
With what I have read in the newspapers, I pulled a call through to a few scholars in order to know their position. I was not dissappointed afterall because, the Quran and hadiths are clear and anyone who without prejudice wants to know the truth, will discern clearly that Islam is not only a religion but a perfect way of life that provides answers to every question in this so-called modern world. Without any anachronistic moral judgments, Islam does not support marriage to a minor.
First, the Quran indicates maturity and sound judgment as marriageable level. It does not specify certain age limit for marriage neither the hadiths, perhaps because Allah has created every human being with his or her own uniqueness. Some grow tall while some are short; some fair and some dark, some attain maturity earlier than the other. Physical characteristics vary depending upon our genes and the environment in which we grow.
Back in medieval age, even in Europe, girls were married when they are children. In Africa as well, early marriages were a common phenomena. Many grandmas married at early ages irrespective of religion. In fact, the issue of early marriage is not about religion but mainly about culture and the environment. Prior to Prophet Muhammad (s.a.w) in Arabia, it was a common knowledge that females were considered property, objects for sacrifice.
Those ignorant tribal and cultural prejudices and practices persist, but Islamic position must be noted. In Saudi Arabia, a few years back, despite Islam, an 8-year-old girl who had been married by her father to a 47 year-old “friend” to settle Dad’s debt of about $13,000 approached the court and annulled the wedding.
Islam as a religion provides guidelines on the stage, conditions and process of mariage. In Quran 4:6, it says: “And test the orphans [in their abilities] until they reach marriageable age/puberty. (baligh) Then if you perceive in them sound judgement, (rushdah) release their property to them. And do not consume it excessively and quickly, [anticipating] that they will grow up. And whoever, [when acting as guardian], is self-sufficient should refrain [from taking a fee]; and whoever is poor – let him take according to what is acceptable. Then when you release their property to them, bring witnesses upon them. And sufficient is Allah as Accountant.”
Under this verse, the stage at which Islam recommends marriage is majority and sound judgement (baligh and rushdah). While majority could be said to mean attainment of menstrual period, development to full womanhood; sound judgement is attained with some level of education, whether formal or informal. Here, the ability to discern the implication of marriage, as well as to being able to carry out the responsibility of a wife and a mother is very important.
The element of having a mature intellect is the ability to understand that one has choices, and the ability to choose the preferential option. The fact remains that a child does not know about the intricacies of marriage and the burden of bearing a child. Even if under any pretense to subvert this proviso by any desperado, there are four basic conditions that must be met before marriage is established in Islam.
These are (1) proposal and acceptance (al-Ijaab waalqubuul), (2) approval by both parents (ridaa waalidayn), (3) payment of a dowry by the groom (al-mihr) and (4) the presence of at least two male witnesses at the ceremony (shaahidayn ‘aadilayn)
The import of these condition is that the female has the right to accept or reject marriage proposal. Her consent is a prerequisite to the validity of the marriage contract. If a marriage of a girl is arranged without her consent, then such a marriage may be annulled if she so wishes. To prove this, in Ibn-Majah hadiths collection, “Ibn Abbas reported that a girl came to the Messenger of Allah, and she reported that her father had forced her to marry without her consent. The Messenger of God gave her the choice between accepting the marriage or invalidating it.”
In all of the classical legal opinions, the age of majority was equated with attaining puberty and demonstrating adequate mental development.
Let us even assume that a minor may not know the implication of what she was giving her consent to; in most cases where the practice is common, a judge (qadi) will appoint two matron to examine the girl on her physical preparedness for marriage. And if the Matron found out that the bride to be is not fit, marriage will not be established. And in the case where the girl having attained maturity and sound judgement declines her interest in marrying the man, the marriage becomes annuled.
Note also that it is only after the bride attains maturity, or sound judgement to be able to handle her own property that she can receive her dowry; (sadaak) just as it is also stated that without dowry, no marriage is established. It points to the fact that the injunction of the Quran on maturity and sound judgement must be properly established.
Again, another point of note is that even as the Quran did not fix the age of marriage, it does not support the marriage of girl who has not attained maturity.
Conditions of fitness
When a girl is married out at an early age, she will not live with the husband until she is fit for marital sexual relations. (hata tutilqal-rijal) All the scholars of Islamic fiqh maintain that a wife must not be taken to her husband’s house until she reaches the condition of fitness for sexual relations. Betrothal may take place at any age, actual marriage comes later after attainment of puberty and sound judgement.
We will not close our eyes to the account that Aisha (r.t.a) was married to the Prophet at the age of nine. But the issue itself has generated mixed reaction from the Muslims world-over. While some insisted that Aisha’s age at marriage was nine, others maintained that she was 19 years of age when she arrived in the house of the Prophet as a wife.
Sheikh Waheed-ud-Deen writes in his well-known book ‘Ahmal fi Asma al-Rajja’: “At the time of the consummation of her marriage Seyida Aisha’s age was not less than 18-19 years.” Aisha was married in 622 C.E., and although her exact birthday is unknown, Abu Ja’far Muhammad ibn Jarir al-Tabari recorded that it happened before Islam was revealed in 610. The earliest surviving biography of Muhammad, Abu Muhammad ‘Abd al-Malik bin Hisham’s recension of Ibn Ishaq’s Sirat Rasul Allah — The Life of the Messenger of God records that Aisha accepted Islam shortly after it was revealed — 12 years before her marriage — and there is no way she could have done so as an infant or toddler.
Days of ignorance
In ‘Book of History’, volume 4, page number 50 Ibn Jazeer al-Tabari writes that Abu Bakr married two ladies in the days of ignorance. Fateelah, daughter of Abd al-Aza was the first and Umm-i-Rooman was the second, from whom Abd al-Rahman and Aisha were born. All the children of Abu Bakr were born in the days of ignorance. Abd al-Rahman, son of Abu Bakr fought against the Muslims in the battle of Badr. His age was 21-22 years and he was older than Aisha; but the difference between their ages was not more than three to four years.
It is on record that Aisha was involved in the assistant of Muslims in the Battles of Badr in 624 and Uhud in 625, in neither of which was anyone under the age of 15 allowed.
Again, Imam Wali-ud-Din Muhammad ibn Abdullah Al-Khatib, who died more than 700 years ago, recorded in the biographical section of Miskat al-Masabih that Asma, her sister who was 10 years older, died at the age of 100, and 72 years after Aisha’s wedding. This makes Aisha’s age at the time of her marriage at least 14, and at the time of her marriage’s consummation almost 18.
Again, that the Prophet has not done anything that the companions have not emulated. How did they treat this issue? May be we will have to do more research on that.
Lastly, the Prophet himself said: ‘O young people! Whoever among you is able to marry, should marry, and whoever is not able to marry, is recommended to fast, as fasting diminishes his sexual power. (Translation of Sahih Bukhari, Volume 7, BOOK 62: Wedlock, Marriage (Nikah), Number 3)” In this context, scholars say the hadith is referring to young grown up man and woman.
The polemics that Aisha was an adult when she consummated her marriage with Muhammad was more plausible and no one should use that as an alibi to potray Islam in bad light. The concern to want to protect young people is a genuine concern of Muslims and Islam. This is so because it will protect the entire human dignity. Maturity and sound judgement are imperative in providing the dignity, not necessarily age.
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