It's better to avoid those slippery slopes and just ban it altogether, no point allowing something to happen that can and does go wrong a lot of the times and certainly would be harmful for those young girls.
Aisha married before age 10, Idk how you can say she was mature enough.
We're not talking about a young teen here...
I just wonder, if Islam is true, why Allah allowed it to happen knowing full well it would be considered unacceptable in the future.
1. You said: “It's better to avoid those slippery slopes and just ban it altogether, no point allowing something to happen that can and does go wrong a lot of the times and certainly would be harmful for those young girls.”
My response: The same can be said about Adult marriages (18+) as harm & abuse still exists & it isn’t absent in any marriage. Contrary to popular claims, child marriages have been normal in most pre modern societies and its entailments were practiced, or at the very least accepted (with some variations in the exact ages). Had the practice been harmful in most or all cases, they would have certainly been rejected as they would run contrary to basic human family values and survival. Yet, up until only relatively recently, most people throughout Human history didn’t have a problem with such marriages. In fact, it is extremely rare to find anyone before 1905 criticizing his marriage to Aisha رضي الله عنها, as such criticisms was virtually non existent. The Prophet’s ﷺ worst enemies who smeared him with everything imaginable did not even think of his ﷺ marriage to Aisha رضي الله عنها as a flaw, neither did any Non Muslim many centuries after his ﷺ death which goes to show you that such criticisms are baseless and subjective.
Aisha رضي الله عنها was 6 when she was married and 9 when the marriage was consummated, she was physically mature enough and many scholars say she reached the Islamic definition of puberty at the time of consummation, which would have made her mentally mature since Adulthood was considered to be puberty in pre modern societies, and Allah knows best. Physical maturity, development & puberty fluctuates, everyone grows at their own pace and it isn’t surprising even in our society to see a 10 year old or a 12 year old who’s tall & big for their age and have grown a lot faster.
Aisha رضي الله عنها seemed to considerherself to be a woman at the age of nine when she stated:
“When the girl reaches nine years of age, she is a woman. (Sunan al-Tirmidhi, Kitab: al-Nikah, Bab: Maa Jaa'a fee Ikraah Al Yateemah 'alaa al tazweej, Hadith no. 1027)
Shaikh Abdur-Rahman Al-Mubarakpuri in his commentary on Sunan al-Tirmidhi said:
Aisha knew (that she hit puberty) when she became nine years old. (Shaikh Abdur-Rahman Al-Mubarakpuri,
Tuhfat AI-Ahwadhi,Kitab: al-Nikah, Bab: Maa Jaa'a fee Ikraah Al Yateemah 'alaa al tazweej, Hadith no. 1027)
Maliki Scholar Al-Dawudi
رَحِمَهُ الله said:
“And Aishah’s body had been matured. [i.e. reached ‘good Youthfulness’ (Shabaaban husna)] – may Allah be pleased with her” (Sharh Sahih Muslim 9/207 by Imam Nawawi)
2. You said: “Aisha married before age 10, Idk how you can say she was mature enough. We're not talking about a young teen here.”
My response: Aisha رضي الله عنها married the Prophet ﷺ with the consent & blessings of her parents, and they had the right to decide what was within the best interests of their daughter just like most parents would. What is the issue with this? What is wrong in an agreement/contract between 2 consenting parties? Can you explain why this would be incorrect? Her parents cared about her best interests & well being, there isn’t any evidence that they put their daughter through risk of being harmed, and I trust their decisions over what some Islamophobic loser says in the 21st century.
Also there’s a difference between a marriage contract and consummation of the marriage in Islamic law, learn to distinguish between the two. A marriage contract is comparable to a betrothal or engagement, it can happen at any age but consummation of the marriage can only happen once the person grows up and is physically mature enough to have sexual intercourse without it causing them harm. In Islamic law, a minor who’s married, once they reach the Islamic definition of puberty, they have the choice to continue the marriage or divorce the spouse
- Ibn Bat
tal رَحِمَهُ الله writes:
“The scholars agreed that it is permissible for fathers to marry off their young daughters even if they are in the cradle, except it is not permissible for their husbands to consummate the marriage with them until they are prepared to safely have intercourse.”
Sharh Sahih al-Bukhari 7/172
As Ibn Battal رَحِمَهُ الله stated here, it’s permissible for a father to contract marriages for their minor daughters, even if they are little babies in a cradle, but consummation can only occur once they grow up & they’re physically mature & able enough to have sexual intercourse without harm.
- Ubadah ibn al-Samit رضي الله عنه reported: The Messenger of Allah ﷺ issued a decree, “Do not cause harm or return harm.” (Sunan Ibn Mājah 2340)
- Abu Sa’id al-Khudri رضي الله عنه reported: The Messenger of Allah ﷺ said, “Do not cause harm or return harm. Whoever harms others, Allah will harm him. Whoever is harsh with others, Allah will be harsh with him.” (al-Sunan al-Kubrá 11070)
The authentic Sunnah of the Prophet ﷺ is quite clear, anything that’s harmful is to be prevented at all cost, and this can be applied in all situations including Marriage and the consummation of it.
- The Maliki Jurist Ibn Battal
رَحِمَهُ الله said:
“It is not permitted for her husbands to consummate the marriage except if she is capable the sexual affairs and can afford men’s (sexual desire). The state of each woman differs (from one to another) in this matter according to their capability and endurance.”
Ibn Battal, Sharh Sahih al-Bukhari, Vol. 7, pp. 172-173
- Imam Nawawi رَحِمَهُ الله narrated this is the view of the three Imams of Fiqh; i.e. Abu Hanifah, Shafi’i, and Malik:
“Malik, Shafi’i and Abu Hanifah said: The is measured by her capability of the sexual relationship and it varies from individual to individual and it is not limited to a certain age.”
Sharh Sahih Muslim, Vol. 9, p. 206
- In a collective work of contemporary jurist committee, scholars argue if the bride is not capable of sexual relations, the marriage can’t be consummated regardless of her age:
If she is skinny and feeble, not capable of sexual relation and she may be medically harmed (by doing so), the husband is not permitted to consummate the marriage, even if she is old.”
Al-Fatawa al-Hindiyah, Vol. 1, p. 287
The scholars are unanimously agreed that one who isn’t capable and mature enough for intercourse should not be having sex, as it would certainly harm them.
Imam Nawawi رَحِمَهُ الله writes:
“Know that Al-Shafi’i رَحِمَهُ الله and his companions encouraged a father or grandfather not to marry off a virgin girl until she reaches maturity and he obtains her consent, that she may not be trapped with a husband she dislikes.”
Sharh al-Nawawi ‘ala Sahih Muslim 1422
The scholars have agreed that contracting marriages on behalf of minors is only permissible in the case that it is within their best interests, otherwise it’s better if the minor reaches puberty (the Islamic definition of puberty) and consents to
marriage.
3. You said: I just wonder, if Islam is true, why Allah allowed it to happen knowing full well it would be considered unacceptable in the future.
Our morality comes from the Shariah which is objective and fixed throughout time. Our morals do not come from what modern day secular western society considers moral or immoral which is purely subjective and changes over time. What Islamophobes have to say about Islam or the Prophet Muhammad ﷺ is irrelevant since they can’t even prove their morals to be objective and binding upon us, and we do not care about their opinions.
