Quran Issues: Child Marriage
Question: Does the Quran allow child marriage?
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The Quran & Child Marriage
The Quran (33:49 & 65:4) states that it is permissible to marry, consummate and divorce a girl before the age of puberty. Quran 65:4 outlines three categories of women (females) who do not menstruate (the old, the young and the pregnant) and instructs that a three-month waiting period (iddah) is to be enforced when divorcing those who have ceased menstruating (because they are too old) or have not yet menstruated (because they are too young). The three-month waiting period is to verify that the woman is not pregnant and avoid confusion about parentage if she were to become pregnant shortly after remarrying. Quran 33:49 clarifies that a waiting period for divorce and remarriage is only applicable when the divorcing couple have had sexual intercourse. No waiting period is required if no sexual intercourse occurred in the marriage. This means that Quran 65:4 and Quran 33:49 legislates the procedure for divorcing a pre-pubescent girl who has had sexual intercourse with her husband. It is therefore permissible to marry, consummate and divorce a girl before the age of puberty according to the Quran.
It should be noted that Ibn Abbas (Tafsir - Quran 65:4), Ibn Kathir (Tafsir - Quran 65:4), Al-Jalalayn (Tafsir - Quran 65:4) and Maududi (Tafsir - Quran 65:4) state that Quran 65:4 makes reference to pre-pubescent girls, and this is supported by translations of the Quran by Arthur John Arberry, Mohsin Khan and Abdul Haleem.
Muhammad & Child Marriage
Sahih al-Bukhari (3894, 3896, 5133, 5134 & 5158) and Sunan Abi Dawud (2121 - Graded: Sahih) state that Muhammad married a young girl named Aisha when Aisha was six or seven years old and the marriage was consummated when Aisha was nine. Muhammad was approximately fifty-four. Further to this, Sahih Muslim (1422c) and Sunan an-Nasa'i (3378 - Graded: Sahih) comment that Aisha was in the possession of dolls when she was taken to Muhammad’s home at the age of nine for the marriage consummation. Sahih al-Bukhari (6130) likewise says that Aisha played with dolls in the presence of Muhammad and a scholarly commentary adds that this allowance was given to Aisha because she was a little girl and had not yet reached the age of puberty. The allowance given to Aisha to play with dolls (which is forbidden in Islam after a girl reaches puberty) shows that Aisha was pre-pubescent when the marriage consummation took place.
Sahih al-Bukhari (3895 & 5125) narrates that Muhammad instigated his marriage with Aisha because Aisha had been promised to him in a dream. Sahih al-Bukhari (5081) also states that Abu Bakr (Aisha’s father and Muhammad’s close companion) was startled and somewhat reluctant to agree to the marriage when Muhammad proposed the idea.
These details about Muhammad's life are significant because the Quran (33:21) presents Muhammad as an excellent example of moral conduct and instructs Muslims to follow his example and lifestyle. This does not mean that Muslims are required to follow Muhammad in every particular. Rather, it means that the things Muhammad did and said can be used to determine what is allowed (halal) or forbidden (haram) for Muslims. This includes whom it is appropriate to marry and have sex with.
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Quran Passages & Tafsir Commentaries - The Quran & Child Marriage
The Quran 33:49 (Arthur John Arberry)
(49) O believers, when you marry believing women and then divorce them before you touch them, you have no period to reckon against them; so make provision for them, and set them free with kindliness.
The Quran 65:4 (Arthur John Arberry)
(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.
The Quran 33:49 (Mohsin Khan)
(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.
The Quran 65:4 (Mohsin Khan)
(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 (prescribed period) is three months likewise, except in case of death]. And for those who are pregnant (whether they are divorced or their husbands are dead), their 'Iddah (prescribed period) is until they deliver (their burdens), and whosoever fears Allah and keeps his duty to Him, He will make his matter easy for him.
The Quran 33:49 (Abdul Haleem)
(49) Believers, you have no right to expect a waiting period when you marry believing women and then divorce them before you have touched them: make provision for them and release them in an honourable way.
The Quran 65:4 (Abdul Haleem)
(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.
Ibn Abbas (Tafsir - Quran 65:4)
(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.
Ibn Kathir (Tafsir - Quran 65:4)
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; (and for those who have no courses...) as for His saying; (if you have doubt...) There are two opinions: First, is the saying of a group of the Salaf, like Mujahid, Az-Zuhri and Ibn Zayd. That is, if they see blood and there is doubt if it was menstrual blood or not. The second, is that if you do not know the ruling in this case, then know that their `Iddah is three months. This has been reported from Sa`id bin Jubayr and it is the view preferred by Ibn Jarir. And this is the more obvious meaning. Supporting this view is what is reported from Ubay bin Ka`b that he said, "O Allah's Messenger! Some women were not mentioned in the Qur'an, the young, the old and the pregnant.'' Allah the Exalted and Most Honored sent down this Ayah, (Those in menopause among your women, for them the `Iddah, if you have doubt, is three months; and for those who have no courses. And for those who are pregnant, their `Iddah is until they lay down their burden.) Ibn Abi Hatim recorded a simpler narration than this one from Ubay bin Ka`b who said, "O Allah's Messenger! When the Ayah in Surat Al-Baqarah was revealed prescribing the `Iddah of divorce, some people in Al-Madinah said, `There are still some women whose `Iddah has not been mentioned in the Qur'an. There are the young, the old whose menstruation is discontinued, and the pregnant.' Later on, this Ayah was revealed, (Those in menopause among your women, for them the `Iddah, if you have doubt, is three months; and for those who have no courses.)''
Al-Jalalayn (Tafsir - Quran 65:4)
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.
Maududi (Tafsir - Quran 65:4)
They may not have menstruated as yet either because of young age, or delayed menstrual discharge as it happens in the case of some women, or because of no discharge at all throughout life which, though rare, may also be the case. In any case, the waiting-period of such a woman is the same as of the woman, who has stopped menstruation, that is three months from the time divorce was pronounced.
Here, one should bear in mind the fact that according to the explanations given in the Qur'an 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 Qur'an has held as permissible.
The girl who is divorced in the state when she has not yet menstruated and then she starts having the menses during the waiting-period, will reckon her waiting-period from the same menstruation and her waiting-period will be reckoned just like the woman who menstruates regularly.
Quran Passages & Hadith Narrations - Muhammad & Child Marriage
The Quran 33:21 (Abdul Haleem)
(21) The Messenger of God is an excellent model for those of you who put your hope in God and the Last Day and remember Him often.
Sahih al-Bukhari, 3894
Narrated Aisha: The Prophet engaged me when I was a girl of six (years). We went to Medina and stayed at the home of Bani-al-Harith bin Khazraj. Then I got ill and my hair fell down. Later on my hair grew (again) and my mother, Um Ruman, came to me while I was playing in a swing with some of my girl friends. She called me, and I went to her, not knowing what she wanted to do to me. She caught me by the hand and made me stand at the door of the house. I was breathless then, and when my breathing became Allright, she took some water and rubbed my face and head with it. Then she took me into the house. There in the house I saw some Ansari women who said, "Best wishes and Allah's Blessing and a good luck." Then she entrusted me to them and they prepared me (for the marriage). Unexpectedly Allah's Apostle came to me in the forenoon and my mother handed me over to him, and at that time I was a girl of nine years of age.
Sahih al-Bukhari, 3895
Narrated `Aisha: That the Prophet said to her, "You have been shown to me twice in my dream. I saw you pictured on a piece of silk and some-one said (to me). 'This is your wife.' When I uncovered the picture, I saw that it was yours. I said, 'If this is from Allah, it will be done."
Sahih al-Bukhari, 3896
Narrated Hisham's father: Khadija died three years before the Prophet departed to Medina. He stayed there for two years or so and then he married `Aisha when she was a girl of six years of age, and he consumed that marriage when she was nine years old.
Sahih al-Bukhari, 5081
Narrated 'Urwa: The Prophet asked Abu Bakr for `Aisha's hand in marriage. Abu Bakr said "But I am your brother." The Prophet said, "You are my brother in Allah's religion and His Book, but she (Aisha) is lawful for me to marry."
Sahih al-Bukhari, 5125
Narrated `Aisha: Allah's Messenger said (to me), "You were shown to me in a dream. An angel brought you to me, wrapped in a piece of silken cloth, and said to me, 'This is your wife.' I removed the piece of cloth from your face, and there you were. I said to myself. 'If it is from Allah, then it will surely be.' "
Sahih al-Bukhari, 5133
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).
Sahih al-Bukhari, 5134
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).
Sahih al-Bukhari, 5158
Narrated 'Urwa: The Prophet wrote the (marriage contract) with `Aisha while she was six years old and consummated his marriage with her while she was nine years old and she remained with him for nine years (i.e. till his death).
Sahih al-Bukhari, 6130
Narrated `Aisha: I used to play with the dolls in the presence of the Prophet, and my girl friends also used to play with me. When Allah's Messenger used to enter (my dwelling place) they used to hide themselves, but the Prophet would call them to join and play with me. (The playing with the dolls and similar images is forbidden, but it was allowed for `Aisha at that time, as she was a little girl, not yet reached the age of puberty.) (Fath-ul-Bari page 143, Vol.13)
Sahih Muslim, 1422c
'A'isha (Allah be pleased with her) reported that Allah's Apostle 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.
Sunan Abi Dawud, 2121 (Graded: Sahih)
Narrated 'Aishah: The Messenger of Allah married me when I was seven years old. The narrator Sulaiman said: or Six years. He had intercourse with me when I was nine years old.
Sunan an-Nasa'i, 3378 (Graded: Sahih)
It was narrated that 'Aishah said: "The Messenger of Allah married me when I was six, and consummated the marriage with me when I was nine, and I used to play with dolls."