القرآن والحديث والعلماء: زواج الأطفال

من ویکی اسلام
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تقليد سيرا صريح للغاية حول حقيقة أن محمد تزوج عائشة عندما كانت في السادسة من عمرها ، وأكمل الزواج عندما كانت في التاسعة. وبما أن محمدًا هو "الإنسان الكامل" ، فقد اتخذ العلماء هذا الفعل نموذجًا للبشرية جمعاء ، وبالتالي قرروا أن مثل هذه الزيجات تحل لكل المؤمنين. يحتوي كل من القرآن والأحاديث النبوية على لوائح حول متى يمكن للمؤمنين ممارسة الجنس مع الزوجات القاصرات اللائي لم يكن لديهن حيض بعد ، مما يعزز الطبيعة الحلال لممارسة الزواج مع الفتيات الصغيرات والرجال الأكبر سناً.

القرآن

هذه الآية تتكلم عن ممارسة الجنس مع البنت الصغيرة التي لم تحدث لها دورة الحيض

وَٱلَّٰٓـِٔى يَئِسْنَ مِنَ ٱلْمَحِيضِ مِن نِّسَآئِكُمْ إِنِ ٱرْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَٰثَةُ أَشْهُرٍ وَٱلَّٰٓـِٔى لَمْ يَحِضْنَ ۚ وَأُو۟لَٰتُ ٱلْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ ۚ وَمَن يَتَّقِ ٱللَّهَ يَجْعَل لَّهُۥ مِنْ أَمْرِهِۦ يُسْرًا

التفسير

التفسير على الأية الفوقية

The `Iddah of Those in Menopause and Those Who do not have Menses 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.
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. (Al-Ahzab: 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.
Commentary on Qur'an Chapter 65:4
Sayyid Abul Ala Maududi, Tafhim al-Qur'an
Surah al-Talaaq 65:4: If a woman does not menstruate, either because she is very young or old and past menopause, then her ‘iddah is three months, because Allaah says (interpretation of the meaning): “And those of your women as have passed the age of monthly courses, for them the ‘Iddah (prescribed period), if you have doubt (about their periods), is three months; and for those who have no courses (i.e. they are still immature) their ‘Iddah (prescribed period) is three months likewise.[١]
Shaykh Muhammad ibn ‘Uthaymeen, Majmoo’at As’ilah tahumm al-Usrah al-Muslimah, p. 61-63
And [as for] those of your women who (read allā'ī or allā'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.
Qur'an 65:4
Tafsir al-Jalalayn
(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.
Qur'an 65:4
Tafsir Ibn Abbas
(And for such of your women as despair of menstruation…) [65:4]. Said Muqatil: “When the verse (Women who are divorced shall wait, keeping themselves apart…), Kallad ibn al-Nu‘man ibn Qays al-Ansari said: ‘O Messenger of Allah, what is the waiting period of the woman who does not menstruate and the woman who has not menstruated yet? And what is the waiting period of the pregnant woman?’ And so Allah, exalted is He, revealed this verse”. Abu Ishaq al-Muqri’ informed us> Muhammad ibn ‘Abd Allah ibn Hamdun> Makki ibn ‘Abdan> Abu’l-Azhar> Asbat ibn Muhammad> Mutarrif> Abu ‘Uthman ‘Amr ibn Salim who said: “When the waiting period for divorced and widowed women was mentioned in Surah al-Baqarah, Ubayy ibn Ka‘b said: ‘O Messenger of Allah, some women of Medina are saying: there are other women who have not been mentioned!’ He asked him: ‘And who are they?’ He said: Those who are too young [such that they have not started menstruating yet], those who are too old [whose menstruation has stopped] and those who are pregnant’. And so this verse (And for such of your women as despair of menstruation…) was revealed”.
Qur'an 65:4
Al-Wahidi, Asbab al-nuzul
The interpretation of the verse "And those of your women as have passed the age of monthly courses, for them the 'Iddah (prescribed period), if you have doubt (about their periods), is three months; and for those who have no courses (i.e. they are still immature) their 'Iddah (prescribed period) is three months likewise". He said: The same applies to the 'idaah for girls who do not menstruate because they are too young, if their husbands divorce them after consummating the marriage with them.
Tafsir Al-Tabari, 14/142

In the following quote, the bold text translates as “They are those who haven’t reached the age of menstruation”. Tabrasi comments on the phrase “Wallaee Lam yahidhna” = “Those who have not menstruated yet” in the verse.

{ واللآئي لم يحضن } تقديره واللآئي لم يحضن إن ارتبتم فعدتهن أيضاً ثلاثة أشهر وحذف لدلالة الكلام الأول عليه وهن اللواتي لم يبلغن المحيض ومثلهن تحيض على ما مرَّ بيانه.

In the following quote, the bold part translated as: “Those who have not menstruated yet” are young girls who have not reached the age of menstruation.

فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ وَٱللاَّئِى لَمْ يَحِضْنَ } لصغرهن، وعدم بلوغهن سن المحيض، أي: فعدتهن ثلاثة أشهر

حديث

اقتباسات من صحيح البخاري على الآية فوق:

CCCLXXXIV: The Tafsir of Surat at-Talaq

Mujahid said that "if you have any doubt" (65:4) means if you do not know whether she menstruates or not. Those who do not longer menstruate and those who have not yet menstruated, their 'idda is three months.


Giving one’s young children in marriage (is permissible) by virtue of the Statement of Allah: ‘And for those who have courses’ (i.e. they are still immature) (Sura 65:4) And the ‘Iddat [waiting period for a woman before lawful sexual intercourse] for the girl before puberty is three months (in the above Verse).
Bukhari (Chapter 39)

The following is from Fath al-Bari, the most authoritative commentary on Sahih Al-Bukhari.

واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ ) ‏ ‏أي فدل على أن نكاحها قبل البلوغ جائز

الفتاوى المعاصرة


The Noble Qur'an has also mentioned the waiting period [i.e. for a divorced wife to remarry] for the wife who has not yet menstruated, saying: "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" [Qur'an 65:4]. Since this is not negated later, we can take from this verse that it is permissible to have sexual intercourse with a prepubescent girl. The Qur'an is not like the books of jurisprudence which mention what the implications of things are, even if they are prohibited. It is true that the prophet (PBUH) entered into a marriage contract with A'isha when she was six years old, however he did not have sex with her until she was nine years old, according to al-Bukhari.
Is it permissible to restrict the age at which girls can marry?
Submitted by Ahmad, IslamOnline, December 24, 2010
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.

Moreover, the interest of Shariah proves it. So the claim that this was abrogated is not correct. And the Hadith did not include that meaning; it just states that a virgin woman is not to be married until consulted.

The evidence from the Qur'an is:

1. The saying of Allah: "And those of your women as have passed the age of monthly courses, for them the 'Iddah (prescribed period), if you have doubts (about their periods), is three months, and for those who have no courses [(i.e. they are still immature) their 'Iddah (prescribed period) is three months likewise, except in case of death]". (At-Talaq 65:4)

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.
Child marriage in Islam
Islamweb, Fatwa No. 88089, June 24, 2004

مثال النبي محمد

تزوج محمد من عائشة وعمرها 6 سنين

نكح محمد عائشة وكان عمرها 9 سنين

وَحَدَّثَنَا يَحْيَى بْنُ يَحْيَى، أَخْبَرَنَا أَبُو مُعَاوِيَةَ، عَنْ هِشَامِ بْنِ عُرْوَةَ، ح وَحَدَّثَنَا ابْنُ نُمَيْرٍ، - وَاللَّفْظُ لَهُ - حَدَّثَنَا عَبْدَةُ، - هُوَ ابْنُ سُلَيْمَانَ - عَنْ هِشَامٍ، عَنْ أَبِيهِ، عَنْ عَائِشَةَ، قَالَتْ تَزَوَّجَنِي النَّبِيُّ صلى الله عليه وسلم وَأَنَا بِنْتُ سِتِّ سِنِينَ وَبَنَى بِي وَأَنَا بِنْتُ تِسْعِ سِنِينَ ‏.

فَقَالَتْ: هَؤُلاءِ أَهْلُكَ فَبَارَكَ اللَّهُ لَكَ فِيهِنَّ وَبَارَكَ لَهُنَّ فِيكَ! وَوَثَبَ الْقَوْمُ وَالنِّسَاءُ، فَخَرَجُوا، فَبَنَى بِي رَسُولُ اللَّهِ فِي بَيْتِي، مَا نُحِرَتْ جَزُورٌ وَلا ذُبِحَتْ عَلَيَّ شَاةٌ، وَأَنَا يَوْمَئِذٍ ابْنَةُ تِسْعِ سِنِينَ
الطبري، أبو جعفر (ت 923). تاريخ الرسل والملوك. المكتبة الشاملة. ج.3، ص.163.

Muhammad's Companions

قالب:Main

عمار الخليفة الثاني تزوج من أم كثولم وعمرها ما بين 10-12. حسب بعض المصادر, كان عمرها 5 سنين

"'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
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

أحايث أخرى


وَحَدَّثَنِي عَنْ مَالِكٍ، أَنَّهُ بَلَغَهُ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم دَخَلَ عَلَى أُمِّ سَلَمَةَ وَهِيَ حَادٌّ عَلَى أَبِي سَلَمَةَ وَقَدْ جَعَلَتْ عَلَى عَيْنَيْهَا صَبِرًا فَقَالَ ‏"‏ مَا هَذَا يَا أُمَّ سَلَمَةَ ‏"‏ ‏.‏ فَقَالَتْ إِنَّمَا هُوَ صَبِرٌ يَا رَسُولَ اللَّهِ ‏.‏ قَالَ ‏"‏ اجْعَلِيهِ فِي اللَّيْلِ وَامْسَحِيهِ بِالنَّهَارِ ‏"‏ ‏.‏

متفرقات

"It was narrated by Ahmed that a man came to him that feared that he would ejaculate while he was fasting. Ahmed said: "What I see is that he can release semen without ruining the fast, he can masturbate using his hands or the hands of his wife, If he has an "Ammah" whether be it a girl or a little child, she can masturbate for him using her hands, and if she was a non-believer, he can sleep with her without releasing (his semen), if he released it in her, it becomes impermissible".
The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. The Messenger of Allaah married ‘Aa’ishah bint Abi Bakr when she was young, six or seven years old, when her father married her to him.[٢]
Ibn ‘Abd al-Barr, Al-Istidhkaar, 16/49-50
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.[٣]
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.[٤]
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.[٥]
Skeikh Mohamed Ibn Abderrahmane Al-Maghraoui
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.[٦]
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.'[٧]
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[٨]
...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
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.[٩][١٠]
Dr. Ahmad al-Mu’bi, Saudi marriage officiant
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.[١١]
Sheik Mohammed al-Hazmi, a legislator in Yemen, 2009
Because this happened to the Prophet, we cannot tell people that it is prohibited to marry at an early age.[١٢]
Sheikh Hamoud Hashim al-Tharihi, general secretary of the Vice and Virtue Committee and member of the Islah Party in Yemen
...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.

  1. 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.
  2. 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.[١٣]
Reliance of the Traveller: The Classic Manual of Islamic Sacred Law
...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...[١٤]
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.[١٥]
Adil Salahi
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.[١٦]
Mufti Fazlul Haque Amini

انظر أيضا

المصادر

قالب:Reflist