The Muslim Public Affairs Council spoke out against the practice of child brides in the Muslim world in a December 9th article, “The case of an eight year-old Saudi bride,” published here. This is an area of jurisprudence that has caused contentious debate in both the Muslim and the Western worlds. Many Muslims argue that the issue of child brides is directly related to the life and practice of the Prophet Muhammad (may God’s peace and prayers be upon him).
In Islamic tradition, the Prophet is reported to have married Aisha when she was six years old, and they consummated the marriage when she reached nine years of age. However, many western Muslims and Muslim reformers in the Islamic world have attempted to re-evaluate these traditions in light of modern sensibilities that denounce child brides as repugnant or unfit for modern values. The problem they face in their revision is that this issue is entrenched in Islamic tradition making it difficult to reform. MPAC’s attempt to explain away this phenomenon is more problematic because it fails to give adequate value to the traditions that approve of child brides. MPAC also attempts to play down how wide spread the acceptance of child brides is in the Sunni Islamic legal tradition.
As easy as it is to blame the problems of the Muslim world on the literalist interpretations of the Wahhabis, the fact remains that the Sunni legal tradition is not entirely in disagreement with the Wahhabis on this issue. In reality, there are many sources of Islamic law that allow a father to marry his daughter away without her consent. For example, in the Maliki school it is mentioned in the Matn ar-Risla of Ibn Abi Zayd al-Kairawani that “The father may give his virgin daughter in marriage without her permission, even though she is an adult. And if he desires he may ask her.”
In the Shafi’i school, it is also mentioned in ‘Umdat al-Salik of Ahmad ibn Naqib al-Misri that a father can marry his virgin daughter away without her consent: “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.” These are both classical Islamic opinions mentioned in widely respected books of these two legal schools of thought. The Hanafi and Hanbali schools do not differ much from the other two on this issue. So clearly, the issue is not one limited to legal opinions emanating from the Wahhabi school.
However, these fiqh positions seem to contradict the hadith of the Prophet (may God’s peace and prayers be upon him) that say that a father must ask for the consent of his daughter when attempting to marry her off to an eligible suitor:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (peace be upon him) as having said: A woman without a husband (or divorced or a widow) must not be married until she is consulted, and a virgin must not be married until her permission is sought. They asked the Prophet of Allah (peace be upon him): How her (virgin’s) consent can be solicited? He (the Holy Prophet) said: That she keeps silence. Bukhari, Book 8, No. 3303.
‘A’isha (Allah be pleased with her) reported:
I asked Allah’s Messenger (peace be upon him) about a virgin whose marriage is solemnized by her guardian, whether it was necessary or not to consult her. Allah’s Messenger (peace be upon him) said: Yes, she must be consulted. ‘A’isha reported: I told him that she feels shy, whereupon Allah’s Messenger (peace be upon him) said: Her silence implies her consent. Bukhari, Book 8, No. 3305.
Why did the scholars mentioned above pass rulings in contrast to these sahih hadith? It seems that the issue behind the Maliki and Shafi’i legal rulings is about the maturity of virgin brides in making decisions affecting their families. Muslim scholars of the classical period are largely of the opinion that virgin girls who had not yet reached puberty (or maturity) could be married off without their consent. Even MPAC seems to agree: “A young girl who has not achieved mental and physical maturity can hardly make sound decisions for herself regarding marriage.” The hadith mentioned above seem to apply to virgin girls who had reached puberty and were considered mature enough to take part in the marriage decision-making process. Virgin girls who had not yet reached puberty could be married off without their consent.
Clearly, this issue of child brides is much more widespread than MPAC lets on. The Wahhabis unfortunately do not have a monopoly on issuing legal edicts allowing for fathers to marry their virgin daughters away. In fact, the life example of the Prophet lends support to the opinions of Muslim religious scholars on this issue. Imam al-Bukhari reported multiple hadith in his Sahih collection that document that Aisha was six years-old when she married the Prophet, and nine when the marriage was consummated, thus providing support to the cause of child brides. However, MPAC does not even mention these narrations, but gives them only a cursory acknowledgment:
“Perhaps the staunchest support for child marriages comes from the widely held belief that Prophet Muhammad’s marriage contract to Aisha was drafted when she was seven and consummated when she was nine. Islamic scholars worldwide have increasingly called for the re-evaluation of this narrative.”
This is not a “belief” held without support from Islamic sources. Bukhari’s hadith collection is the most sound and well-researched hadith collection to ever exist. There are multiple reports from Bukhari’s collection about this subject:
Narrated ‘Aisha: that the Prophet married her when she was six years old and he consummated his marriage when she was nine years old, and then she remained with him for nine years (i.e., till his death). Bukhari, Book 62, No. 64.
Narrated ‘Aisha: that the Prophet married her when she was six years old and he consummated his marriage when she was nine years old. Hisham said: I have been informed that ‘Aisha remained with the Prophet for nine years (i.e. till his death).” Bukhari, Book 62, No. 65.
While these hadith may cause embarrassment to some, most Muslims with knowledge on this subject are familiar with these hadith. However, MPAC’s attempt to dismiss or downplay these well-known narrations only adds to the perception that Muslims are unwilling to evaluate their legal history with an honest approach and are attempting to hide evidence that their religion is backward and barbaric.
Certainly, MPAC is tackling a very difficult subject and they must be commended for pointing out the immense amount of freedoms and rights that Islam provides to women. However, their article fails to grasp the widespread acceptance in the Sunni legal tradition of allowing a father to marry off his daughter who has yet to reach puberty.
Of course, the issue of Aisha’s age at the time of her marriage has been explained by many Muslim commentators as a cultural practice of the Arabs at the time of the Prophet’s life, and not a legal precedent being championed by him. The hadith collections are replete with narrations that provide the criticisms coming from the enemies of the Prophet whenever he or his companions behaved in a way that went against the traditions of the Arabs at that time, such as when the Prophet married his cousin Zaynab bint Jahsh after she divorced Zayd, his formerly adopted son (even a verse from the Qur’an was revealed to resolve this issue).
If marrying a child bride were an aberration of cultural norms at the time of the Prophet, then the hadith collections would certainly have included narrations citing complaints from the Prophet’s enemies accusing him of breaching their cultural practices. Yet there are no examples of the Quraysh or anyone else accusing the Prophet of wrongdoing when he married Aisha at six years old. This goes to show the cultural acceptance of such an act at that time.
As for the opinions coming from the four Sunni legal schools that allow for a father to marry his virgin daughter away without her consent before reaching puberty, these are opinions made in a completely different era of social and legal norms. While such legal rulings could not be practiced in Western countries for the obvious fact that they would be illegal, the cultural norms within Muslim nations are beginning to move away from the acceptance of such practices, despite the legal heritage that permits such behavior by fathers. These legal positions are based off of cultural norms, not Islamic principles, which existed at those times where property law gave the virgin girl no rights of her own.
Despite this fact, and the reality that these pre-modern cultural norms are being practiced in some parts of the Muslim world today, there are strong scholarly Islamic justifications for preventing such marriages from taking place, primarily the hadith of the Prophet mentioned above which clearly insist that a virgin must be asked for her consent before being married. MPAC would have been better suited acknowledging the Islamic legal reality of this issue. However, their attempt to prove that forced marriages of young girls are against the principles taught by the Prophet is noble and should receive praise.
Omer Subhani is a Muslim American residing in South Florida. He currently attends the University of Miami School of Law.
I do not believe that the Muslim Public Affairs Council is looking to lessen the number of child brides in the gulf. It is a common practice, especially among the tribes whether it be in Yemen or Saudi Arabia or other gulf countries. The title of the piece was a “case” as were other accounts in the publication. A case is an example of many and it’s outcomes can lead to a specific precedent, like it or not.
Many of these child brides result in family pressure whether it be making sure the child is married to a higher ranking tribesman or to protect family assets. Regardless of the reason, it has nothing to with religion, it is merely a justification that is used.
I will note that many “sunni” countries do not allow child brides. Many countries require that the female bride is at least 16 years of age. You will also find that the less educated the family or the society in which the female lives in, the younger she will be when she is married off.
I don’t think many of these men are seriously thinking about which school of sunni or shi’a fiqh gives them their right to marry a girl who is not yet of sound mind nor strength. They are thinking about their right, their money, their land.
The Qur’an says:
Say: If it be that your fathers, your sons, your brothers, your mates, or your kindred; the wealth that ye have gained; the commerce in which ye fear a decline: or the dwellings in which ye delight – are dearer to you than Allah, or His Messenger, or the striving in His cause;- then wait until Allah brings about His decision: and Allah guides not the rebellious(9.24)
Katseye,
I never argued that MPAC was trying to reduce the number of child brides in the Gulf. What I was arguing was that their opinion piece failed to give proper weight to the sources of Islamic law behind the marriages of child brides in the Muslim world.
If there are Muslims who want to show that child marriages are un-Islamic or something like that, then they have to deal seriously with the sources that are out there authorizing such behavior. That is all my article is saying.
Omer
The Quran mentions that girls can refuse marriage (without excluding pre-pubescent girls), and recommends marriage after people reach a certain age. I have to find the references, but this is plainly spelled-out. There is no mention of permitting parents to marry girls off without their consent before they reach puberty.
So the traditions about marrying girls off when they haven???t even reached the age of consent seems to be outside the scope of what???s already in the Quran as well as the underlying principle of the hadith that was mentioned. I think it is for this reason that some scholars have revisited the issue of Aisha???s age and the circumstances of her marriage and times, although her marriage is widely reported to be a joyful one.
In regards to reading the Quran, since this can easily come up, one methodology suggested by Muhammad Asad is to not take verses out of context but to read around them and to match them with verses pertaining to the same subject.
I mention this because people can easily pick up a verse and find it confusing, especially around controversial subjects like women???s rights and when and how jihad is waged in self-defense.
Regarding what you have written about pre-pubescent girls not reaching the age of mental and physical maturity to make decisions on their own, I don???t think this should be aimed at me or the fact that I went to a poetry reading instead of a human rights event. Actions are judged by intent and someone may not be intending to be co-opted just because they want to be able to enjoy life through arts and culture, especially since human rights topics will be around for a while.
<<I never argued that MPAC was trying to reduce the number of child brides in the Gulf. What I was arguing was that their opinion piece failed to give proper weight to the sources of Islamic law behind the marriages of child brides in the Muslim world.>>
I understand your argument and your aim. MPAC or any other Muslim rights group has a catch 22 when bringing to light certain practices with Muslim countries and also the problem that occurs within our government of maintaining AID and support to many of these countries. When we bring it to the light certain practices-we have to deal with the fact that many scholars support practices Muslims do not or we stay quiet and get blamed for not being outraged.
It has been my limited experience that religious doctrine is not necessarily on the table when a husband asks the family of a young bride for her. Rather, it is known that this is an acceptable practice.
Religious doctrine is on the table only when talking theoretics, debates, etc. For us in the West especially, who have the ability to not be bogged down with cultural practices IF we so choose, look at the practices of child brides as abhorrent and even un-Islamic. However, scholars will often be the first to point out that just because it’s uncomfortable, doesn’t make it haram.
<<If there are Muslims who want to show that child marriages are un-Islamic or something like that, then they have to deal seriously with the sources that are out there authorizing such behavior.>>
Of course. And it’s not limited to child brides either. It also applies to a dozen other issues, especially when dealing with female rights.
Oh you must have been referring to the Newsweek story about a detained Iranian protestor and how he needed physical and mental strength to deal with his interrogator, Mr. Rosewater, who threatened to take him to a specialist. My bad.
The conflict about women’s rights often originates from one’s conscience before any textual references, and it often makes a person want to search more, by sifting the texts etc., rather than entirely give up their faith (as Prof. al Hibri once said).
Why are we not discussing child marriages instead of child brides? Accordingly, the logic would go – since we need to protect both men and women from their sins, lets marry them off at young ages – like 13 or so, when the reach puberty. It used to be done after all. Or why not arrange the marriage of males before they reach puberty, since they are also not physically and mentally mature enough to make decisions on their own?
I’m not in favor of marrying people off without their consent and don’t think its recommended by the Quran either.
I enjoyed reading your well researched piece but needed clarification on one point.
You point to a hadith related by Hasrat A’isha: “I asked Allah’s Messenger (peace be upon him) about a virgin whose marriage is solemnized by her guardian, whether it was necessary or not to consult her. Allah’s Messenger (peace be upon him) said: Yes, she must be consulted.”
You then seem to infer that this hadith applies to virgin girls who have reached puberty and are considered mature enough to take part in the marriage decision-making process. You seem to suggest that virgin girls who have not yet reached puberty can be married off without their consent.
I don’t see where in the above hadith you gleaned the information that the Prophet (pbuh) is referring only to physically and emotionally mature virgin girls as capable of offering or withholding their consent to a marriage proposal. As far as I can see, he is speaking of all virgins, regardless of age.
Zehra,
What I said about mature virgins was in light of some of the opinions from the Shafi’i and Maliki schools. This is what I saw as being implied in their rulings, that the hadiths were limited to virgin girls who had reached maturity. It’s not my own opinion, but what I saw as their justification for ignoring these hadiths from Bukhari.
Omer