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قديم 28.06.2013, 23:30
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افتراضي

Consummation of Marriage


Under Islamic Law (Shari’ah)—like Jewish and Christian Law—marriages are sealed
after they are consummated (i.e. when the couple has sexual relations). Some Muslims
think that the minimum age for marriage under Islamic Law is either nine years of age or
menarche (onset of menses). But this is not correct; in fact, Islam sets no minimum age
limit. Rather, Islamic Law follows this simple dictum:


A man may have sex with his wife when she becomes sexually mature enough such
that she is not harmed from having sex in any way whatsoever.


This is actually the most beautiful and all-encompassing rule of all. The Islamic scholars
agree—by consensus (Ijma)—with the above stated dictum. In other words, the only
hard-and-fast rule with marriage is that a man may have sex with his wife so long as she
is sexually mature enough that it does not harm her in any way whatsoever.
The consequences of this simple dictum are profound. Let us take the example of a
fourteen year old girl who has passed the age of menarche (i.e. she has had her menses);


it might be, however, that she has matured slowly, and therefore, she is still not ready to
have sex. If having sex would bring harm upon her (in any way whatsoever), then it is
considered forbidden (haram) for any man to consummate with her, despite her postmenarchal
age. A man can only have sex with a girl if she is ready for that. Under
Jewish and Christian Law, the focus is on if the man can have sex with her. Under
Islamic Law, however, the focus is on the female: can she have sex without any harm
being brought upon her?
Shaykh Abdul Aziz ibn Ahmad ad-Durayhim, a well-renowned Islamic scholar, was
asked about marriage to such a young girl. In response, he said:


With respect to what we have said about the legal validity of such a marriage, that
refers [only] to the validity of the contract itself. As for the effects [i.e. execution]
of the marriage—such as privacy, intimacy, and sexual relations—that is another
matter entirely. Such things are permitted only if the girl is able to handle such a
relationship without any harm whatsoever coming to her. Otherwise, it is
prohibited. This is because the Prophet (peace be upon him) said: “There shall be
no harm nor the causing of the harm.” It can also be seen in the very conduct of
the Prophet (peace be upon him). He did not consummate his marriage with
Aisha for a number of years on account of her young age.
Shaykh Abdul Wahhab at-Turayri wrote:


The lawfulness of consummating a marriage at such an age is contingent on the
maturity of the girl and that no harm would come to her.


Imam an-Nawawi said:


With regard to the wedding-party of a young married girl at the time of
consummating the marriage, if the husband and the guardian of the girl agree
upon something that will not cause harm to the young girl, then that may be done.
The marriage contract between Prophet Muhammad (peace be upon her) and Aisha
(peace be upon her) was drawn up when she was only six or seven years old. But it was
not executed until three years later at which point in time she had become sexually
mature such that she was capable of having sexual relations without any harm coming to
her whatsoever. Yes, Aisha (peace be upon her) was only nine or ten years old when she
consummated the marriage, but the reader should keep in mind that Prophet Muhammad
married Aisha 1,400 years ago, which was a very, very, very long time ago. It may be
difficult for people today to associate nine or ten year olds with sex, but this is because
the average human lifespan is now well into the eighties. Yet, as we know:


Human life expectancy was in the 20s a thousand years ago.

were not married at an early age, then they would not have enough years of child-bearing
left, and slowly the human species would have died out.
Today, the average age of marriage in the West is around twenty-five. Yet, in the ancient
world, people would die around this age. This is the problem with applying today’s
situation and super-imposing it on olden times. It simply does not work. People today
cannot fathom ten year old girls having sex, but people 1,000 years ago could not
imagine a society in which everyone waits in their twenties to get married. It is hubris to
judge all of humanity with our subjective—and ever changing—cultural norms.


(Guardian, http://www.guardian.co.uk/commentisf...214930,00.html)


It should be no surprise then that a woman who would die in her twenties would marry at
a very young age. If people didn’t marry early, then they certainly would die early, and
this would create a problem for the propagation and survival of the human species. Early
marriage was necessary in order to counter incredibly high mortality rates. If women






Signature of فداء الرسول


تحمَّلتُ وحديَ مـا لا أُطيـقْ من الإغترابِ وهَـمِّ الطريـقْ
اللهم اني اسالك في هذه الساعة ان كانت جوليان في سرور فزدها في سرورها ومن نعيمك عليها . وان كانت جوليان في عذاب فنجها من عذابك وانت الغني الحميد برحمتك يا ارحم الراحمين

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