Traditional Islamic Justification
Main Articles:
Child Marriage in Islamic Law and
Child Marriage in the Qur'an
Traditional Quran commentators and jurists have been essentially unanimous that child marriages are permitted in the
Qur'an.
And (as for) those of your women who have despaired of menstruation, if you have a doubt, their prescribed time shall be three months,
and of those too who have not had their courses; and (as for) the pregnant women, their prescribed time is that they lay down their burden; and whoever is careful of (his duty to) Allah He will make easy for him his affair.
Quran 65:4
The term "courses" mentioned above (indicated in
bold italic text) is most accurately translated as "menstruation", which is the exact meaning of the Arabic word used in that context (i.e. 'Yaĥiđna يَحِضْنَ).
Permitted by Muslim Scholars
Main Article:
Qur'an, Hadith and Scholars:Child Marriage
It is incorrect to say that it's not permitted to marry off girls who are 15 and younger. A girl aged 10 or 12 can be married. Those who think she's too young are wrong and they are being unfair to her.
We hear a lot in the media about the marriage of underage girls. We should know that Shariah law has not brought injustice to women.<a href="
https://wikiislam.net/wiki/Child_Marriage_in_the_Muslim_World#cite_note-25">[25]</a>
Grand Mufti of Saudi Arabia, Sheikh Abdul Aziz Al-Sheikh
Our mothers and before them our grandmothers married when they were barely 12. Good upbringing makes a girl ready to perform all marital duties at that age.<a href="
https://wikiislam.net/wiki/Child_Marriage_in_the_Muslim_World#cite_note-26">[26]</a>
Grand Mufti of Saudi Arabia, Sheikh Abdul Aziz Al-Sheikh
A nine-year-old girl has the same sexual capacities like a woman of twenty and over.<a href="
https://wikiislam.net/wiki/Child_Marriage_in_the_Muslim_World#cite_note-27">[27]</a>
Skeikh Mohamed Ibn Abderrahmane Al-Maghraoui
Getting married at an early age is something that is confirmed by the book of Allah, the Sunnah of his Prophet (Sallallahu Alaihi wa Sallam), the consensus of the scholars and the actions of the companions, and the Muslims who came after them...
There are many Ahadith which confirm that marriage at an early age was widespread among the companions and no one denied its permissibility. Getting married at an early age was not peculiar to the Prophet (Sallallahu Alaihi wa Sallam) as some people think, but it was general for him and for his Ummah.
The following are some of the actions of the Sahaba (companions):
1. Ali Ibn Abi Talib, may Allah be pleased with him, married his daughter, Um Kulthum to Omar Ibn Al-Khattab, may Allah be pleased with him, and she mothered a child before the death of the Prophet (Sallallahu Alaihi wa Sallam). Omar got married to her while she was young before reaching the age of puberty. This is reported by Ibn Saad in 'Al-Tabaqat'.
2. From Urwa Ibn Zubair: that Zubair, may Allah be pleased with him, married his daughter when she was very young. Reported by Saeed Ibn Mansour, in his Sunnah, and Ibn Abi Shaibah, in Al-musannaf, with a Sahih chain of narration.
Al-Shafie said in the book of Al-Um: "Many companions of the Prophet (Sallallahu Alaihi wa Sallam) married their daughters while these were still young."
Delaying the marriage of girls in many Muslim countries is something new and contradictory to what Muslims used to do over many centuries. This is because of westernization and the application of man-made laws. This caused a change in understandings and customs within a considerable number of the population, and it is absolutely not permissible to consider the customs and traditions in a given country as the standard by which people abide, and fail to obey the absolute evidences of Shariah.
In some Muslim countries, the marriage for girls has been delayed by many years beyond the age of puberty. This has indeed led to an increase in the removal of the veil from the face, and increased fornication and adultery, as well as the emergence of deviation in conduct and religion among the youth. They had become morally unstable as they lack affection, chastity, and protection their private parts from illegal sexual relations.
By delaying marriage, there is also a reduction in the number of Muslims in the Ummah, and this is contrary to the order of the Prophet (Sallallahu Alaihi wa Sallam), as he ordered us to have many children so that the Muslim nation will be greater in number than the previous nations.
Child marriage in Islam
Islamweb, Fatwa No. 88089, June 24, 2004
A man can marry a girl younger than nine years of age, even if the girl is still a baby being breastfed. A man, however is prohibited from having intercourse with a girl younger than nine, other sexual acts such as foreplay, rubbing, kissing and sodomy is allowed. A man having intercourse with a girl younger than nine years of age has not committed a crime, but only an infraction, if the girl is not permanently damaged. If the girl, however, is permanently damaged, the man must provide for her all her life. But this girl will not count as one of the man's four permanent wives. He also is not permitted to marry the girl's sister.<a href="
https://wikiislam.net/wiki/Child_Marriage_in_the_Muslim_World#cite_note-28">[28]</a>
The late Ayatollah Khomeini of Iran, Supreme Leader of the Islamic Revolution
The Saudi religious establishment is generally supportive of child bride marriages. Some clerics who addressed this issue cited the example of the Prophet's marriage to 'Aisha. For example, Jeddah marriage and divorce official Ahmad Al-Ma'abi said on a June 2008 program on Lebanon's LBC TV that a girl may marry and have sexual intercourse from the age of nine, arguing that the Prophet Muhammad had married 'Aisha when she was six and had consummated the marriage when she was nine. Al-Ma'abi added that, in Yemen, girls often married at the age of nine or 10. He concluded that as long as the father of the bride consents to the marriage and is present at the ceremony, as required by religious law, "the marriage is obviously legal."<a href="
https://wikiislam.net/wiki/Child_Marriage_in_the_Muslim_World#cite_note-29">[29]</a><a href="
https://wikiislam.net/wiki/Child_Marriage_in_the_Muslim_World#cite_note-30">[30]</a>
You can have a marriage contract even with a 1-year-old girl, not to mention a girl of 9, 7 or 8. But is the girl ready for sex or not? What is the appropriate age for sex for the first time? This varies according to environment and tradition.<a href="
https://wikiislam.net/wiki/Child_Marriage_in_the_Muslim_World#cite_note-31">[31]</a>
Dr. Ahmad al-Mu’bi, Saudi marriage officiant
The marriage of nine-year-old girls is not forbidden because according to the Hadith (the Prophet Mohammed's sayings), Mohammed married Aisha when she was only seven-years-old and he consummated his union when she was nine.<a href="
https://wikiislam.net/wiki/Child_Marriage_in_the_Muslim_World#cite_note-32">[32]</a>
Sheikh Mohamed Ben Abderrahman Al-Maghraoui
According to the Shari'ah, if a girl is a minor (did not attain puberty), she may be given in marriage by her father. When she attains puberty, she has the right to maintain the marriage or discontinue the marriage. There is no age limit to be intimate with one's wife even if she is a minor.
I would like to marry a woman who is 12 years old, her father and she has also agreed. What is your advise?
Islamic Q & A Online with Mufti Ebrahim Desai, Ask-Imam, Question No. 6737
Child marriage in Islam is permissible. In the Koran there is no specific age of marriage...[If the government imposed new laws against child marriage] There will be violent conflict from the Muslims, saying that 'no, we will not accept this, we'd rather die than accept something which is not a law from Allah.'<a href="
https://wikiislam.net/wiki/Child_Marriage_in_the_Muslim_World#cite_note-TONOV282008-16">[16]</a>
Ahmed Sani Yerima, former governor and current senator of Zamfara State, Nigeria
Nigeria has many uncountable problems and none of them is early marriage. As a matter of fact early marriage (is) the solution to about half of our problems. For those who wonder if I can give my daughter(s) out in marriage at the age of 9 or 13, I tell you most honestly, I can give her out at the age of 6 if I want to and it’s not your business. This is because I am a Muslim and I follow the example of the best of mankind, Muhammad ﺻَﻠَّﻰ ﺍﻟﻠَّﻪُ ﻋَﻠَﻴْﻪِ ﻭَﺳَﻠَّﻢَ...
Ahmed Sani Yerima, former governor and current senator of Zamfara State, Nigeria<a href="
https://wikiislam.net/wiki/Child_Marriage_in_the_Muslim_World#cite_note-TNTJuly212013-33">[33]</a>
...it is permitted to contract marriage with a young girl and to hand her over to her husband to stay with him before she reaches adolescence.
Ruling on marrying young women
Sheikh Muhammed Salih Al-Munajjid, Islam Q&A, Fatwa No. 1493
m3.13 Guardians are of two types, those who may compel their female charges to marry someone, and those who may not.
- The only guardians who may compel their charge to marry are a virgin bride's father or father's father, compel meaning to marry her to a suitable match (def: m4) without her consent.
- Those who may not compel her are not entitled to marry her to someone unless she accepts and gives her permission.
Whenever the bride is a virgin, the father or father's father may marry her to someone without her permission, though it is recommended to ask her permission
if she has reached puberty. A virgin's silence is considered as permission.<a href="
https://wikiislam.net/wiki/Child_Marriage_in_the_Muslim_World#cite_note-34">[34]</a>
Reliance of the Traveller: The Classic Manual of Islamic Sacred Law
Everything that is not forbidden is permitted. [The new law in Yemen that set the minimum marriage age at 17] is a Western plot aimed at Westernizing our culture. The West wants to teach us how to marry, conceive and divorce. This is cultural colonization that we reject.<a href="
https://wikiislam.net/wiki/Child_Marriage_in_the_Muslim_World#cite_note-35">[35]</a>
Sheik Mohammed al-Hazmi, a legislator in Yemen, 2009
...If she is married without her permission, by threat or coercion, then the marriage is not valid. The only exeption is in the case of the father and his daughter who is less than nine years of age. There is no harm if he gets her married while she is less than nine years old, according to the correct opinion. This is based on the messenger of Allah (peace be upon him) marrying Aisha without her consent when she was less than nine years old, as is stated in authentic Hadith...<a href="
https://wikiislam.net/wiki/Child_Marriage_in_the_Muslim_World#cite_note-36">[36]</a>
Shaikh ibn Baz's answer on the Q & A site of the Muslim Students Organization of the University of Houston
Scholars have discussed at length the marriage of a young girl who has not attained puberty and whether her father may marry her away without her permission. If such a marriage takes place it is valid. However, it is
perhaps best if the marriage is not allowed to be consummated until the girl attains puberty, when she is given the choice whether to continue with this marriage or not.<a href="
https://wikiislam.net/wiki/Child_Marriage_in_the_Muslim_World#cite_note-37">[37]</a>
Adil Salahi
Because this happened to the Prophet, we cannot tell people that it is prohibited to marry at an early age.<a href="
https://wikiislam.net/wiki/Child_Marriage_in_the_Muslim_World#cite_note-38">[38]</a>
Sheikh Hamoud Hashim al-Tharihi, general secretary of the Vice and Virtue Committee and member of the Islah Party in Yemen
Banning child marriage will cause challenging the marriage of the holy prophet of Islam, who also married minor Ayesha, when she was just eight years old. The new law [seeking to ban child marriages] initiated by the current government [of Bangladesh] will put the moral character of the prophet into controversy and challenge. Islam permits child marriage and it will not be tolerated if any ruler will ever try to touch this issue in the name of giving more rights to women.<a href="
https://wikiislam.net/wiki/Child_Marriage_in_the_Muslim_World#cite_note-Weekly_Blitz-39">[39]</a>
Mufti Fazlul Haque Amini
Committed by Muhammad
Main Article: Muhammad's marriage to Aisha
Another justification used by scholars is that Muhammad, who is considered the
Uswa Hasana (perfect example) by all Muslims, then in his early 50s, married
Aisha, when she was a 6 year old girl and consummated the marriage when she was 9.
A'isha (Allah be pleased with her) reported that Allah's Apostle (may peace be upon him) married her when she was seven years old, and he was taken to his house as a bride when she was nine, and her dolls were with her; and when he (the Holy Prophet) died she was eighteen years old.
Sahih Muslim 1422c
Main Article:
Child Marriage and Muhammad's Companions
Umar ibn al-Khattab, the 2rd
Caliph of Islam, at the age of 55 married Umm Kulthum bint Ali when she was between 10 and 12 years old. Some sources even say that she was five years old when Umar married her.
"'Umar asked 'Ali for the hand of his daughter, Umm Kulthum in marriage. 'Ali replied that
she has not yet attained the age (of maturity). 'Umar replied, 'By Allah, this is not true. You do not want her to marry me. If she is underage, send her to me'. Thus 'Ali gave his daughter Umm Kulthum a dress and asked her to go to 'Umar and tell him that her father wants to know what this dress is for. When she came to Umar and gave him the message, he grabbed her hand and forcibly pulled her towards him. 'Umm Kulthum asked him to leave her hand, which Umar did and said, 'You are a very mannered lady with great morals. Go and tell your father that you are very pretty and you are not what he said of you'. With that 'Ali married Umm Kulthum to 'Umar."
In Tarikh Khamees, Volume 2, p. 384 ('Dhikr Umm Kalthum') and Zakhair Al-Aqba, p. 168