2b. Marriage to children

Marriage to pre-pubescent girls

Islam supports marrying and having sex with prepubescent girls. This is definitive proof that the Quran 65:4 endorses pedophilia, something that is considered by many people to be the most serious of all sexual crimes.

According to this sura 65:4 a Muslim man can marry even a one day old infant girl.

Q65:1-3 “O Prophet! When any of you divorce your wives, divorce them during their period of purity and calculate the period carefully: be mindful of God, your Lord. Do not drive them out of their homes nor should they themselves leave unless they become openly guilty of immoral conduct. These are the bounds set by God. He who transgresses Gods bounds wrongs his own soul. You never know, after that, God may well bring about some new situation. And when their waiting term is ended, either keep them honorably or part with them in honor. Call to witness two reliable men from among you and bear To one who fears God, He will grant a way out [of his difficulties], true witness for God. This is an admonishment for those who believe in God and the last Day And God will provide for him from an unexpected source; God suffices for anyone who puts his trust in Him. God will surely bring about what He decrees. He has set a measure for all things.”

Quran 65:4 “In the case of those of your wives who have passed the age of menstruation, if you have any doubt, know that their waiting period is three months; and that will apply likewise to those who have not yet menstruated; the waiting period of those who are pregnant will be until they deliver their burden [give birth]. God makes things easy for those who are mindful of Him.” (Wahiduddin Khan)

لَا إِكْرَاهَ فِي الدِّينِ قَد تَّبَيَّنَ الرُّشْدُ مِنَ الْغَيِّ فَمَن يَكْفُرْ بِالطَّاغُوتِ وَيُؤْمِن بِاللَّهِ فَقَدِ اسْتَمْسَكَ بِالْعُرْوَةِ الْوُثْقَىٰ لَا انفِصَامَ لَهَا وَاللَّهُ سَمِيعٌ عَلِيمٌ

Q65:4 “As for your women who have lost hope of menstruation, and in case you have a doubt, the prescribed period (of waiting) for them is three months, as also for those who have not menstruated yet. As for those who are pregnant, their prescribed period is until the delivery of the child. God will make things easy for him who is mindful of God.” (Ahmed Ali)

Q65:4 “If you are in doubt, the period of waiting will be three months for those women who have ceased menstruating and for those who have not [yet] menstruated; the waiting period of those who are pregnant will be until they deliver their burden: God makes things easy for those who are mindful of Him.” (Prof. Abdel Haleem)

Q65:4 “The waiting period of those of your women who have lost all expectation of menstruation shall be three months in case you entertain any doubt; and the same shall apply to those who have not yet menstruated. As for pregnant women, their waiting period shall be until the delivery of their burden. Allah will create ease for him who fears Allah.” (Maududi)

Q65:4 “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 is three months likewise….” (Muhsin Khan & Muhammad al-Hilali)

Q65:4 “As for your women who have despaired of further menstruating, if you are in doubt, their period shall be three months; and those who have not menstruated as yet. And those who are with child, their term is when they bring forth their burden. Whoso fears God, God will appoint for him, of His command, easiness.” (Prof. A. J. Arberry)

Q65:4 “If you have any doubt concerning those women of yours who have finished with menstruation, then their count is three months; as it is with the ones who are still not menstruating. With those who are pregnant, their term will be whenever they give birth. God makes His matter easy for anyone who heeds Him” (T.B. Irving)

The following is a summary of the main directives entailed in this verse:
The waiting period of a woman after menopause (no longer having her menstrual cycle) is three months;
The waiting period of a girl who has not started having her menstrual cycle (prepubescent) is three months;
The waiting period for a pregnant woman is until after they deliver the child.

According to Abu Dawud, a child can not be called an orphan after reaching the age of puberty. Puberty can only be understood when child experiences his wet dream during his sleep if it’s a boy or has her first period if it’s a girl. So, the orphans that are subject to marriage are underage girls. Of course Islam does not have strict rules limiting the age of marriage, and as seen with Muhammad’s marriage to Aisha.

–Marriage to orphan girls is permitted if you are just to them (paying the full dowry).
Q4:3 – And if you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one or (the captives and the slaves) that your right hands possess. That is nearer to prevent you from doing injustice.

-If you divorce women without sex there is no waiting period.
Q33:49 “O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no Iddah (divorce prescribed period, see (V.65:4)) have you to count in respect of them. So give them a present, and set them free i.e. divorce, in a handsome manner.”

Sahih Bukhari – Volume 7, Book 62, Hadith 63
Narrated Sahl bin Sad: While we were sitting in the company of the Prophet a woman came to him and presented herself (for marriage) to him. The Prophet looked at her, lowering his eyes and raising them, but did not give a reply. One of his companions said, “Marry her to me O Allah’s Apostle!” The Prophet asked (him), “Have you got anything?” He said, “I have got nothing.” The Prophet said, “Not even an iron ring?” He Sad, “Not even an iron ring, but I will tear my garment into two halves and give her one half and keep the other half.” The Prophet; said, “No. Do you know some of the Quran (by heart)?” He said, “Yes.” The Prophet said, “Go, I have agreed to marry her to you with what you know of the Qur’an (as her Mahr).” ‘And for those who have no courses (i.e. they are still immature). (65.4) And the ‘Iddat for the girl before puberty is three months (in the above Verse).

NOT YET MENSTRUATED

Tafsir Ibn Abbas – Tanwir al-Miqbas
(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 Al-Tabari – 14/142
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 Ibn Kathir
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 [waiting period before remarriage] is three months instead of the three monthly cycles for those who menstruate, which is based upon the Ayah [verse] in (Surat) Al-Baqarah. (see Qur’an 2:228) The same for the young, who have not reached the years of menstruation. Their `Iddah [waiting period before remarriage] is three months like those in menopause. This is the meaning of His [Allah’s] saying; (Qur’an 65:4 “and for those who have no courses….”)

Tafsir al-Jalalayn
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.

Fath al-Bari (Most authoritative commentary on Sahih Bukhari)
“and those who never had menses, their prescribed period is three months before puberty, which indicates that giving her into marriage before puberty is permissible.”

Islamweb, Fatwa No. 88089, June 24, 2004
Getting married at an early age is something that is confirmed by the book of Allah, the Sunnah of his Prophet, 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.

Ayatu Allah Khomeini – (Tehriro vasyleh, fourth edition, Qom, Iran, 1990)
“A muslim man can have sexual pleasure with a little girl as young as a baby. But he should not penetrate her vaginally, however he can sodomize her”.

Ayatu Allah Al Khumaini’s book, “Tahrir Al wasila,” p. 241, issue number 12, it says:
“It is not illegal for an adult male to ‘thigh’ or enjoy a young girl who is still in the age of weaning; meaning to place his male member between her thighs, and to kiss her.”

Maududi – volume 5, p. 620, note 13
“Therefore, [the Quran] 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.”

In Yemen and Saudi Arabia there is no minimum age requirement for marriage.
In Iran, girls may marry at 13 and boys at 15, and children under 10 may marry if their guardian approves it.

Pregnant girls aged 15 to 20 are twice as likely to die in childbirth as those in their 20s, and girls under the age of 15 are 5 times as likely to die. Girls’ physical immaturity where the pelvis and birth canal are not fully developed.

Saudi marriage officiant Dr. Ahmad al-Mu’bi told Lebanese television viewers that it’s permissible for girls as young as 1 to marry – as long as sex is postponed.

Child marriage often ends a girl’s education. Without education, girls and adult women have fewer opportunities to earn an income, financially provide for herself and her children. This makes girls more vulnerable to persistent poverty.
Married teenage girls with low levels of education suffer greater risk of social isolation, domestic violence and sexual violence from their spouses.