Friday, January 14, 2011

Fatwa: "It Is Permissible to Have Sexual Intercourse with a Prepubescent Girl"

[Update, 7 Mar 2011:  see full translation of this fatwa here]

This is another fatwa from IslamOnline.net, which again is the sixth most popular Islamic website on the internet, according to Wikipedia. As the author of this fatwa points out, this ruling is entirely based on the Qur'an and the example of the prophet, who is considered the perfect example for Muslims in all ages. How many young girls have been and continue to be abused due to Muhammad's perverse actions in having sex with a nine-year-old, which now must be made permissible for all Muslims? (See the original Arabic here.)
Title: Is it permissible to restrict the age at which girls can marry?
Submitted by: Ahmad
Date: 24 Dec 2010
Question: What is your opinion of the calls from more than one Islamic country to prohibit girls from marrying before the age of eighteen? Which is nearest to Islam--these calls or not specifying a certain age for marriage the nearest to Islam? Is it correct that Islamic scholars permit the father to marry off his young daughter (I mean, a child)?
Answer: In the name of God, praise to God, and prayers and peace be upon the prophet of God, etc.
Scholars very nearly agree that it is the right of the father to marry off his young, immature daughter. This is owing to his authority over her, for as he is responsible for directing her and providing for her, he is also responsible for doing what he believes is in her interest on the issue of marriage.
Ibn Qudama in al-Mughni said:  "No one but the father can compel a woman, or marry off a young girl, whether a grandfather or otherwise." This was spoken of by Malik, Abu-'Ubayd al-Thawri, and Ibn Abu-Layli. This was also spoken of by al-Shafi'i, except he said it of the grandfather, making him like the father, because he has the authority of a parent, including to compel her like the father.
Al-Hasan, 'Umar Ibn-'Abd-al-'Aziz, Tawus, Qatada, Ibn-Shirama, al-Awza'i, and Abu-Hanifa said: "No one but the father can marry off a young girl; but she has the choice if she has matured." All of them but Abu-Hanifa said: "None but the father can marry two children, for they have the choice if they have matured."
It is important for us to understand that it is not a duty for a father to give his young girl in marriage, but it is restricted to her best-interest. For it is not permissible unless he believes that her best-interest requires it, and God is his judge on that.
[...]
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. [...]
Islamic Jihad: A Legacy of Forced Conversion, Imperialism, and Slavery

1 comment:

  1. Whether it is written or not written in the Quran, can people just use common sense regarding this issue? Why would any normal person expose his daughter to pedophilia?

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