Islam allows marriage with prepubescent girls

Posted: March 24, 2015 in Uncategorized

65:4 And those who no longer expect menstruation among your women – if you doubt, then their period is three months, and [also for] those who have not menstruated. And for those who are pregnant, their term is until they give birth. And whoever fears Allah – He will make for him of his matter ease.

Tafsir Ibn Abbas
(And for such of your women as despair of menstruation) because of old age, (if ye doubt) about their waiting period, (their period (of waiting) shall be three months) upon which another man asked: “O Messenger of Allah! What about the waiting period of those who do not have menstruation because they are too young?” (along with those who have it not) because of young age, their waiting period is three months. Another man asked: “what is the waiting period for those women who are pregnant?” (And for those with child) i.e. those who are pregnant, (their period) their waiting period (shall be till they bring forth their burden) their child. (And whosoever keepeth his duty to Allah) and whoever fears Allah regarding what he commands him, (He maketh his course easy for him) He makes his matter easy; and it is also said this means: He will help him to worship Him well.

Tafsir Ibn Kathir
Allah the Exalted clarifies the waiting period of the woman in menopause. And that is the one whose menstruation has stopped due to her older age. Her `Iddah is three months instead of the three monthly cycles for those who menstruate, which is based upon the Ayah in (Surat) Al-Baqarah. ?see 2:228? The same for the young, who have not reached the years of menstruation. Their `Iddah is three months like those in menopause. This is the meaning of His saying;
(and for those who have no courses…) as for His saying;
(if you have doubt…) There are two opinions: First, is the saying of a group of the Salaf, like Mujahid, Az-Zuhri and Ibn Zayd. That is, if they see blood and there is doubt if it was menstrual blood or not. The second, is that if you do not know the ruling in this case, then know that their `Iddah is three months. This has been reported from Sa`id bin Jubayr and it is the view preferred by Ibn Jarir. And this is the more obvious meaning. Supporting this view is what is reported from Ubay bin Ka`b that he said, “O Allah’s Messenger! Some women were not mentioned in the Qur’an, the young, the old and the pregnant.” Allah the Exalted and Most Honored sent down this Ayah,
(Those in menopause among your women, for them the `Iddah, if you have doubt, is three months; and for those who have no courses. And for those who are pregnant, their `Iddah is until they lay down their burden.) Ibn Abi Hatim recorded a simpler narration than this one from Ubay bin Ka`b who said, “O Allah’s Messenger! When the Ayah in Surat Al-Baqarah was revealed prescribing the `Iddah of divorce, some people in Al-Madinah said, `There are still some women whose `Iddah has not been mentioned in the Qur’an. There are the young, the old whose menstruation is discontinued, and the pregnant.’ Later on, this Ayah was revealed,
(Those in menopause among your women, for them the `Iddah, if you have doubt, is three months; and for those who have no courses.)”

Tafsir Al-Jalalayn
And [as for] those of your women who (read alla’i or alla’i in both instances) no longer expect to menstruate, if you have any doubts, about their waiting period, their prescribed [waiting] period shall be three months, and [also for] those who have not yet menstruated, because of their young age, their period shall [also] be three months — both cases apply to other than those whose spouses have died; for these [latter] their period is prescribed in the verse: they shall wait by themselves for four months and ten [days] [Q. 2:234]. And those who are pregnant, their term, the conclusion of their prescribed [waiting] period if divorced or if their spouses be dead, shall be when they deliver. And whoever fears God, He will make matters ease for him, in this world and in the Hereafter.

Maududi
They may not have menstruated as yet either because of young age, or delayed menstrual discharge as it happens in the case of some women, or because of no discharge at all throughout life which, though rare, may also be the case. In any case, the waiting-period of such a woman is the same as of the woman, who has stopped menstruation. That is three months from the time divorce was pronounced.
Here, one should bear in mind the fact that according to the explanations given in the Quran the question of the waiting period arises in respect of the women with whom marriage may have been consummated, for there is no waiting period in case divorce is pronounced before the consummation of marriage. (Surah Al-Ahzab, Ayat 49). Therefore, making mention of the waiting-period for the girls who have not yet menstruated, clearly proves that it is not only permissible to give away the girl in marriage at this age but it is also permissible for the husband to consummate marriage with her. Now, obviously no Muslim has the right to forbid a thing which the Quran has held as permissible. The girl who is divorced in the state when she has not yet menstruated and then she starts having the menses during the waiting-period, will reckon her waiting-period from the same menstruation and her waiting-period will be reckoned just like the woman who menstruates regularly.

Maariful Quran
This verse deals with additional rules pertaining to the waiting-period of divorced women. It subdivides divorced women and their waiting-periods into three different categories. Under normal circumstances, the waiting-period of a divorced woman is three menstrual cycles as mentioned in Sirah Al-Baqarah. In the case of women who have stopped menstruating for good on account of advanced age, or due  to some disease etc. their “iddah is three months instead of three cycles. The same is the “iddah of young women who have not yet started menstruating on account of being under age. The iddah for women who are pregnant at the time of divorce continues until they give birth to their child irrespective of the length of the period.

Islam QA

“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. ”
http://islamqa.com/en/ref/12708/

Islamweb

So, Allah set rulings of marriage, divorce and waiting period for the women who have not yet had menses, i.e. the young girls.The Iddah (waiting period) does not take place except after marriage.

Ibn Qudama said in Al-Mughni There is no difference as regards a young girl who is still a virgin”. Ibn Al-Mundhir said: “The reliable people of knowledge agree unanimously that it is permissible for a father to marry off his young and virgin daughter to an eligible man. It is also permissible for him to marry her off despite her reluctance to be married.”

Al Baghawi said, like in Fath Al-Bari, “There is a consensus of the scholars that it is permissible for the fathers to marry their young daughters even if they are still in the cradle, but it is not permissible for the husbands to consummate the marriage with them, unless they become physically fit for sexual intercourse by mature males.”
http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=88089

Alifta

Marriage is not limited to a certain minimum or maximum age by the Qur’an or the Sunnah (whatever is reported from the Prophet).They both encourage Marriage and awaken a desire for it without specifying a certain age
4:127 They ask your legal instruction concerning women, say: Allâh instructs you about them, and about what is recited unto you in the Book concerning the orphan girls whom you give not the prescribed portions (as regards Mahr and inheritance) and yet whom you desire to marry.
It gives permission to marry an orphan girl, defined as the one who has not attained the age of puberty yet, which is maximally at the age of fifteen, as is most likely, yet she may attain it at a lesser age.”
http://alifta.net/Fatawa/FatawaChapters.aspx?View=Page&PageID=285&PageNo=1&BookID=14

Baheshti Zewar

12. If a boy or a girl are immature, they do not have their own choice. Their nikâh is not valid without a wali. If a boy (or girl) performs his nikâh on his own or someone else performs it, it will be dependent on the permission of the wali. If the wali grants permission, the nikâh will be valid. If not, it will not be valid. The wali has full rights over such a boy or girl. He can get them married to whoever he wishes and refuse whoever he wishes. Immature girls and immature boys cannot reject such a nikâh at that time. This is irrespective of whether the girl is a virgin or had been married previously and had also been sent to her (first) husband’s home – the same rule will apply.
http://www.islamicbulletin.org/free_downloads/women/bahishti_4_5_6_7.pdf

Tafheem

And if the woman is such a one marriage with whom has been consummated who no longer menstruates, or the one who has not yet menstruated, she can be divorced even after the sexual intercourse for there is no chance of her being pregnant.

13. They may not have menstruated as yet either because of young age, or delayed menstrual discharge as it happens in the case of some women, or because of no discharge at all throughout life which, though rare, may also be the case. In any case, the waiting-period of such a woman is the same as of the woman, who has stopped menstruation. That is three months from the time divorce was pronounced.

Here, one should bear in mind the fact that according to the explanations given in the Quran the question of the waiting period arises in respect of the women with whom marriage may have been consummated, for there is no waiting period in case divorce is pronounced before the consummation of marriage. (Surah Al-Ahzab, Ayat 49). Therefore, making mention of the waiting-period for the girls who have not yet menstruated, clearly proves that it is not only permissible to give away the girl in marriage at this age but it is also permissible for the husband to consummate marriage with her. Now, obviously no Muslim has the right to forbid a thing which the Quran has held as permissible.
http://www.islamicstudies.info/tafheem.php?sura=65&verse=1&to=7

Darul Uloom Deoband

15. A wali other than the father or grand-father had performed the nikah of an immature girl who also had knowledge of this nikah. Thereafter, she became mature and until then her husband hadn’t had any sexual intercourse with her. In such a case, the moment she becomes mature, she must mention her discontent with regard to marrying this person. She must clearly state that she is not happy. Alternatively, she could say that she does not wish to continue with this marriage. This could be said in the presence of others or in privacy where she is all alone. But she has to mention it verbally. However, by her merely saying this, the nikah will not be annulled. She will have to go to a Muslim judge, he will annul the marriage, and only then will it be annulled.

Once she becomes mature and allows even a moment to pass in which she does not mention her discontent, she will not have the choice of having her nikah annulled.

But if the girl did not have any knowledge of this nikah and only learnt of it after becoming mature, then the moment she is informed, she will immediately have the right to reject the nikah. If she remains silent for even a moment, she will forfeit this right to reject the nikah.

16. If her husband engaged in sexual intercourse with her, and thereafter she becomes mature, it is not necessary for her to reject the nikah immediately after becoming mature or after being informed. Instead, as long as she does not express her consent and happiness, she will have the choice of rejecting or accepting irrespective of how much time lapses. However, if she clearly states that she is happy about this marriage, or her consent is made apparent in some other way such as being in solitude with her husband like any other normal husband and wife, then she will have no choice and this nikah will become entrenched.
http://www.darululoom-deoband.com/english/books/nikah.htm

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