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<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
====== Formatting ======<br />
Entries are cited Chicago style with slight modifications (see below). DOIs are hyperlinked in the title of the entry, where these are not available a link to the publisher's webpage for the publication is provided in its place. Where neither exists and where the publication is out of copyright, a link may be given to an archived version of the publication hosted online. Provided beneath certain entries is either the publisher's blurb, the article's abstract, an adaption thereof, or a general summary—references for these are the respective entries themselves. Edited volumes are not included in this bibliography unless every chapter they contain deserves inclusion (this is rarely the case)—instead, relevant chapters have been identified and added individually to the relevant section/subsection. <br />
<br />
== The origins of Islam ==<br />
Crone, Patricia. ''[https://doi.org/10.31826/9781463209933 Meccan Trade and the Rise of Islam]''. Princeton: Princeton University Press (1987). 300pp.<br />
<br />
Crone, Patricia and Michael Cook. ''[https://archive.org/details/Hagarism Hagarism: The Making of the Islamic World]''. Cambridge: Cambridge University Press (1977). 268pp.<br />
<br />
== The life of Muhammad ==<br />
Ahmed, Shahab. ''[https://www.hup.harvard.edu/books/9780674047426 Before Orthodoxy: The Satanic Verses in Early Islam]''. Cambridge: Harvard University Press (2017). 336pp.<br />
<br />
Anthony, Sean W. ''[https://www.ucpress.edu/book/9780520340411/muhammad-and-the-empires-of-faith Muhammad and the Empires of Faith: The Making of the Prophet of Islam]''. Oakland: University of California Press (2020). 304pp.<br />
<br />
Powers, David S. ''[https://www.pennpress.org/9780812221497/muhammad-is-not-the-father-of-any-of-your-men/ Muhammad Is Not the Father of Any of Your Men: The Making of the Last Prophet]''. Philadelphia: University of Pennsylvania Press (2011). 376pp.<br />
<br />
Shoemaker, Stephen J. ''[https://www.pennpress.org/9780812223422/the-death-of-a-prophet/ The Death of a Prophet: The End of Muhammad's Life and the Beginnings of Islam]''. Philadelphia: University of Pennsylvania Press (2012). 408pp.<br />
<br />
== The Qur'an ==<br />
<br />
=== The origins of Qur'anic stories ===<br />
van Bladel, Kevin. [https://www.taylorfrancis.com/chapters/edit/10.4324/9780203939604-19/alexander-legend-qur-18-83%E2%80%93102-kevin-van-bladel?context=ubx&refId=d0c65358-9120-4a77-b733-cf791f3fe521 "The ''Alexander Legend'' in the Qur'ān 18:83-102."] In ''[https://doi.org/10.4324/9780203939604 The Qur'ān in Its Historical Context]'', edited by Gabriel Said Reynolds, 175-203. New York: Routledge, 2008.<br />
<br />
Griffith, Sidney. [https://www.taylorfrancis.com/chapters/edit/10.4324/9780203939604-15/christian-lore-arabic-qur-companions-cave-surat-al-kahf-syriac-christian-tradition-sidney-griffith?context=ubx&refId=a5de6a4e-4188-4641-b8ca-0fab89509ca2 "Christian lore and the Arabic Qur’an: the 'Companions of the Cave' in ''Sūrat al-Kahf'' and in Syriac Christian tradition."] In ''[https://doi.org/10.4324/9780203939604 The Qur'ān in Its Historical Context]'', edited by Gabriel Said Reynolds, 109-137. New York: Routledge, 2008.<br />
<br />
Mourad, Suleiman A. [https://www.taylorfrancis.com/chapters/edit/10.4324/9780203939604-18/mary-qur-reexamination-presentation-suleiman-mourad?context=ubx&refId=acb93c0e-a191-4bef-a7e4-7323a59a9806 "Mary in the Qur'ān: a reexamination of her presentation."] In ''[https://doi.org/10.4324/9780203939604 The Qur'ān in Its Historical Context]'', edited by Gabriel Said Reynolds, 141-162. New York: Routledge, 2008.<br />
<br />
=== The history of the Qur'anic text ===<br />
Nasser, Shady. ''[https://doi.org/10.1163/9789004241794 The Transmission of the Variant Readings of the Qurʾān: The Problem of Tawātur and the Emergence of Shawādhdh]''. Leiden: Brill, 2013. 252pp.<br />
<br />
== The development of Islamic theology == <br />
<br />
Crone, Patricia and Martin Hinds. ''[https://www.cambridge.org/us/universitypress/subjects/history/middle-east-history/gods-caliph-religious-authority-first-centuries-islam?format=PB&isbn=9780521541114 God's Caliph: Religious Authority in the First Centuries of Islam]''. Cambridge: Cambridge University Press (1986). 164pp. <br />
<br />
Osman, Amr. [https://doi.org/10.1163/15700585-12341245 "''ʿAdālat al-Ṣaḥāba'': The Construction of a Religious Doctrine."] ''Arabica'' T. 60, Fasc. 3/4 (2013): pp. 272-305. <br />
<br />
== The development of Islamic law ==<br />
Auda, Jasser. ''[https://www.kubepublishing.com/collections/quran/products/a-critique-of-the-abrogation-theory-in-islam-1 A Critique of the Theory of Abrogation]''. Translated and edited by Adil Salahi. Markfield: Kube Publishing, 2019. 160pp.<br />
<br />
Sadeghi, Behnam. ''[https://doi.org/10.1017/CBO9780511920509 The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition]''. Cambridge: Cambridge University Press, 2013. 234pp.<br />
<br />
Schacht, Joseph. ''[https://archive.org/details/schacht-joseph-the-origins-of-muhamaddan-jurisprudence The Origins of Muhammadan Jurisprudence]''. London: Oxford University Press, 1950. 348pp.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138045User:IbnPinker/Sandbox12024-03-15T17:44:36Z<p>IbnPinker: /* The origins of Qur'anic stories */</p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
====== Formatting ======<br />
Entries are cited Chicago style with slight modifications (see below). DOIs are hyperlinked in the title of the entry, where these are not available a link to the publisher's webpage for the publication is provided in its place. Where neither exists and where the publication is out of copyright, a link may be given to an archived version of the publication hosted online. Provided beneath certain entries is either the publisher's blurb, the article's abstract, an adaption thereof, or a general summary—references for these are the respective entries themselves. Edited volumes are not included in this bibliography unless every chapter they contain deserves inclusion (this is rarely the case)—instead, relevant chapters have been identified and added individually to the relevant section/subsection. <br />
<br />
== The origins of Islam ==<br />
Crone, Patricia. ''[https://doi.org/10.31826/9781463209933 Meccan Trade and the Rise of Islam]''. Princeton: Princeton University Press (1987). 300pp.<br />
<br />
Crone, Patricia and Michael Cook. ''[https://archive.org/details/Hagarism Hagarism: The Making of the Islamic World]''. Cambridge: Cambridge University Press (1977). 268pp.<br />
<br />
== The life of Muhammad ==<br />
Ahmed, Shahab. ''[https://www.hup.harvard.edu/books/9780674047426 Before Orthodoxy: The Satanic Verses in Early Islam]''. Cambridge: Harvard University Press (2017). 336pp.<br />
<br />
Anthony, Sean W. ''[https://www.ucpress.edu/book/9780520340411/muhammad-and-the-empires-of-faith Muhammad and the Empires of Faith: The Making of the Prophet of Islam]''. Oakland: University of California Press (2020). 304pp.<br />
<br />
Powers, David S. ''[https://www.pennpress.org/9780812221497/muhammad-is-not-the-father-of-any-of-your-men/ Muhammad Is Not the Father of Any of Your Men: The Making of the Last Prophet]''. Philadelphia: University of Pennsylvania Press (2011). 376pp.<br />
<br />
Shoemaker, Stephen J. ''[https://www.pennpress.org/9780812223422/the-death-of-a-prophet/ The Death of a Prophet: The End of Muhammad's Life and the Beginnings of Islam]''. Philadelphia: University of Pennsylvania Press (2012). 408pp.<br />
<br />
== The Qur'an ==<br />
<br />
=== The origins of Qur'anic stories ===<br />
van Bladel, Kevin. "The ''Alexander Legend'' in the Qur'ān 18:83-102." In ''The Qur'ān in Its Historical Context'', edited by Gabriel Said Reynolds, 175-203. New York: Routledge, 2008.<br />
<br />
Griffith, Sidney. "Christian lore and the Arabic Qur’an: the 'Companions of the Cave' in ''Sūrat al-Kahf'' and in Syriac Christian tradition." In ''The Qur'ān in Its Historical Context'', edited by Gabriel Said Reynolds, 109-137. New York: Routledge, 2008.<br />
<br />
Mourad, Suleiman A. "Mary in the Qur'ān: a reexamination of her presentation." In ''The Qur'ān in Its Historical Context'', edited by Gabriel Said Reynolds, 141-162. New York: Routledge, 2008.<br />
<br />
=== The history of the Qur'anic text ===<br />
Nasser, Shady. ''[https://doi.org/10.1163/9789004241794 The Transmission of the Variant Readings of the Qurʾān: The Problem of Tawātur and the Emergence of Shawādhdh]''. Leiden: Brill, 2013. 252pp.<br />
<br />
== The development of Islamic theology == <br />
<br />
Crone, Patricia and Martin Hinds. ''[https://www.cambridge.org/us/universitypress/subjects/history/middle-east-history/gods-caliph-religious-authority-first-centuries-islam?format=PB&isbn=9780521541114 God's Caliph: Religious Authority in the First Centuries of Islam]''. Cambridge: Cambridge University Press (1986). 164pp. <br />
<br />
Osman, Amr. [https://doi.org/10.1163/15700585-12341245 "''ʿAdālat al-Ṣaḥāba'': The Construction of a Religious Doctrine."] ''Arabica'' T. 60, Fasc. 3/4 (2013): pp. 272-305. <br />
<br />
== The development of Islamic law ==<br />
Auda, Jasser. ''[https://www.kubepublishing.com/collections/quran/products/a-critique-of-the-abrogation-theory-in-islam-1 A Critique of the Theory of Abrogation]''. Translated and edited by Adil Salahi. Markfield: Kube Publishing, 2019. 160pp.<br />
<br />
Sadeghi, Behnam. ''[https://doi.org/10.1017/CBO9780511920509 The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition]''. Cambridge: Cambridge University Press, 2013. 234pp.<br />
<br />
Schacht, Joseph. ''[https://archive.org/details/schacht-joseph-the-origins-of-muhamaddan-jurisprudence The Origins of Muhammadan Jurisprudence]''. London: Oxford University Press, 1950. 348pp.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138044User:IbnPinker/Sandbox12024-03-15T17:40:58Z<p>IbnPinker: </p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
====== Formatting ======<br />
Entries are cited Chicago style with slight modifications (see below). DOIs are hyperlinked in the title of the entry, where these are not available a link to the publisher's webpage for the publication is provided in its place. Where neither exists and where the publication is out of copyright, a link may be given to an archived version of the publication hosted online. Provided beneath certain entries is either the publisher's blurb, the article's abstract, an adaption thereof, or a general summary—references for these are the respective entries themselves. Edited volumes are not included in this bibliography unless every chapter they contain deserves inclusion (this is rarely the case)—instead, relevant chapters have been identified and added individually to the relevant section/subsection. <br />
<br />
== The origins of Islam ==<br />
Crone, Patricia. ''[https://doi.org/10.31826/9781463209933 Meccan Trade and the Rise of Islam]''. Princeton: Princeton University Press (1987). 300pp.<br />
<br />
Crone, Patricia and Michael Cook. ''[https://archive.org/details/Hagarism Hagarism: The Making of the Islamic World]''. Cambridge: Cambridge University Press (1977). 268pp.<br />
<br />
== The life of Muhammad ==<br />
Ahmed, Shahab. ''[https://www.hup.harvard.edu/books/9780674047426 Before Orthodoxy: The Satanic Verses in Early Islam]''. Cambridge: Harvard University Press (2017). 336pp.<br />
<br />
Anthony, Sean W. ''[https://www.ucpress.edu/book/9780520340411/muhammad-and-the-empires-of-faith Muhammad and the Empires of Faith: The Making of the Prophet of Islam]''. Oakland: University of California Press (2020). 304pp.<br />
<br />
Powers, David S. ''[https://www.pennpress.org/9780812221497/muhammad-is-not-the-father-of-any-of-your-men/ Muhammad Is Not the Father of Any of Your Men: The Making of the Last Prophet]''. Philadelphia: University of Pennsylvania Press (2011). 376pp.<br />
<br />
Shoemaker, Stephen J. ''[https://www.pennpress.org/9780812223422/the-death-of-a-prophet/ The Death of a Prophet: The End of Muhammad's Life and the Beginnings of Islam]''. Philadelphia: University of Pennsylvania Press (2012). 408pp.<br />
<br />
== The Qur'an ==<br />
<br />
=== The origins of Qur'anic stories ===<br />
van Bladel, Kevin. "The ''Alexander Legend'' in the Qur'ān 18:83-102." In ''The Qur'ān in Its Historical Context'', edited by Gabriel Said Reynolds, 175-203. New York: Routledge, 2008.<br />
<br />
=== The history of the Qur'anic text ===<br />
Nasser, Shady. ''[https://doi.org/10.1163/9789004241794 The Transmission of the Variant Readings of the Qurʾān: The Problem of Tawātur and the Emergence of Shawādhdh]''. Leiden: Brill, 2013. 252pp.<br />
<br />
== The development of Islamic theology == <br />
<br />
Crone, Patricia and Martin Hinds. ''[https://www.cambridge.org/us/universitypress/subjects/history/middle-east-history/gods-caliph-religious-authority-first-centuries-islam?format=PB&isbn=9780521541114 God's Caliph: Religious Authority in the First Centuries of Islam]''. Cambridge: Cambridge University Press (1986). 164pp. <br />
<br />
Osman, Amr. [https://doi.org/10.1163/15700585-12341245 "''ʿAdālat al-Ṣaḥāba'': The Construction of a Religious Doctrine."] ''Arabica'' T. 60, Fasc. 3/4 (2013): pp. 272-305. <br />
<br />
== The development of Islamic law ==<br />
Auda, Jasser. ''[https://www.kubepublishing.com/collections/quran/products/a-critique-of-the-abrogation-theory-in-islam-1 A Critique of the Theory of Abrogation]''. Translated and edited by Adil Salahi. Markfield: Kube Publishing, 2019. 160pp.<br />
<br />
Sadeghi, Behnam. ''[https://doi.org/10.1017/CBO9780511920509 The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition]''. Cambridge: Cambridge University Press, 2013. 234pp.<br />
<br />
Schacht, Joseph. ''[https://archive.org/details/schacht-joseph-the-origins-of-muhamaddan-jurisprudence The Origins of Muhammadan Jurisprudence]''. London: Oxford University Press, 1950. 348pp.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138043User:IbnPinker/Sandbox12024-03-15T17:35:20Z<p>IbnPinker: /* The development of Islamic law */</p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
====== Formatting ======<br />
Entries are cited Chicago style with slight modifications (see below). DOIs are hyperlinked in the title of the entry, where these are not available a link to the publisher's webpage for the publication is provided in its place. Where neither exists and where the publication is out of copyright, a link may be given to an archived version of the publication hosted online. Provided beneath certain entries is either the publisher's blurb, the article's abstract, an adaption thereof, or a general summary—references for these are the respective entries themselves. Edited volumes are not included in this bibliography unless every chapter they contain deserves inclusion (this is rarely the case)—instead, relevant chapters have been identified and added individually to the relevant section/subsection. <br />
<br />
== The origins of Islam ==<br />
Crone, Patricia. ''[https://doi.org/10.31826/9781463209933 Meccan Trade and the Rise of Islam]''. Princeton: Princeton University Press (1987). 300pp.<br />
<br />
Crone, Patricia and Michael Cook. ''[https://archive.org/details/Hagarism Hagarism: The Making of the Islamic World]''. Cambridge: Cambridge University Press (1977). 268pp.<br />
<br />
== The life of Muhammad ==<br />
Ahmed, Shahab. ''[https://www.hup.harvard.edu/books/9780674047426 Before Orthodoxy: The Satanic Verses in Early Islam]''. Cambridge: Harvard University Press (2017). 336pp.<br />
<br />
Anthony, Sean W. ''[https://www.ucpress.edu/book/9780520340411/muhammad-and-the-empires-of-faith Muhammad and the Empires of Faith: The Making of the Prophet of Islam]''. Oakland: University of California Press (2020). 304pp.<br />
<br />
Powers, David S. ''[https://www.pennpress.org/9780812221497/muhammad-is-not-the-father-of-any-of-your-men/ Muhammad Is Not the Father of Any of Your Men: The Making of the Last Prophet]''. Philadelphia: University of Pennsylvania Press (2011). 376pp.<br />
<br />
Shoemaker, Stephen J. ''[https://www.pennpress.org/9780812223422/the-death-of-a-prophet/ The Death of a Prophet: The End of Muhammad's Life and the Beginnings of Islam]''. Philadelphia: University of Pennsylvania Press (2012). 408pp.<br />
<br />
== The Qur'an ==<br />
<br />
=== The origins of Qur'anic stories ===<br />
<br />
=== The history of the Qur'anic text ===<br />
Nasser, Shady. ''[https://doi.org/10.1163/9789004241794 The Transmission of the Variant Readings of the Qurʾān: The Problem of Tawātur and the Emergence of Shawādhdh]''. Leiden: Brill, 2013. 252pp.<br />
<br />
== The development of Islamic theology == <br />
<br />
Crone, Patricia and Martin Hinds. ''[https://www.cambridge.org/us/universitypress/subjects/history/middle-east-history/gods-caliph-religious-authority-first-centuries-islam?format=PB&isbn=9780521541114 God's Caliph: Religious Authority in the First Centuries of Islam]''. Cambridge: Cambridge University Press (1986). 164pp. <br />
<br />
Osman, Amr. [https://doi.org/10.1163/15700585-12341245 "''ʿAdālat al-Ṣaḥāba'': The Construction of a Religious Doctrine."] ''Arabica'' T. 60, Fasc. 3/4 (2013): pp. 272-305. <br />
<br />
== The development of Islamic law ==<br />
Auda, Jasser. ''[https://www.kubepublishing.com/collections/quran/products/a-critique-of-the-abrogation-theory-in-islam-1 A Critique of the Theory of Abrogation]''. Translated and edited by Adil Salahi. Markfield: Kube Publishing, 2019. 160pp.<br />
<br />
Sadeghi, Behnam. ''[https://doi.org/10.1017/CBO9780511920509 The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition]''. Cambridge: Cambridge University Press, 2013. 234pp.<br />
<br />
Schacht, Joseph. ''[https://archive.org/details/schacht-joseph-the-origins-of-muhamaddan-jurisprudence The Origins of Muhammadan Jurisprudence]''. London: Oxford University Press, 1950. 348pp.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138042User:IbnPinker/Sandbox12024-03-15T04:03:16Z<p>IbnPinker: /* The origins of Qur'anic stories */</p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
====== Formatting ======<br />
Entries are cited Chicago style with slight modifications (see below). DOIs are hyperlinked in the title of the entry, where these are not available a link to the publisher's webpage for the publication is provided in its place. Where neither exists and where the publication is out of copyright, a link may be given to an archived version of the publication hosted online. Provided beneath certain entries is either the publisher's blurb, the article's abstract, an adaption thereof, or a general summary—references for these are the respective entries themselves. Edited volumes are not included in this bibliography unless every chapter they contain deserves inclusion (this is rarely the case)—instead, relevant chapters have been identified and added individually to the relevant section/subsection. <br />
<br />
== The origins of Islam ==<br />
Crone, Patricia. ''[https://doi.org/10.31826/9781463209933 Meccan Trade and the Rise of Islam]''. Princeton: Princeton University Press (1987). 300pp.<br />
<br />
Crone, Patricia and Michael Cook. ''[https://archive.org/details/Hagarism Hagarism: The Making of the Islamic World]''. Cambridge: Cambridge University Press (1977). 268pp.<br />
<br />
== The life of Muhammad ==<br />
Ahmed, Shahab. ''[https://www.hup.harvard.edu/books/9780674047426 Before Orthodoxy: The Satanic Verses in Early Islam]''. Cambridge: Harvard University Press (2017). 336pp.<br />
<br />
Anthony, Sean W. ''[https://www.ucpress.edu/book/9780520340411/muhammad-and-the-empires-of-faith Muhammad and the Empires of Faith: The Making of the Prophet of Islam]''. Oakland: University of California Press (2020). 304pp.<br />
<br />
Powers, David S. ''[https://www.pennpress.org/9780812221497/muhammad-is-not-the-father-of-any-of-your-men/ Muhammad Is Not the Father of Any of Your Men: The Making of the Last Prophet]''. Philadelphia: University of Pennsylvania Press (2011). 376pp.<br />
<br />
Shoemaker, Stephen J. ''[https://www.pennpress.org/9780812223422/the-death-of-a-prophet/ The Death of a Prophet: The End of Muhammad's Life and the Beginnings of Islam]''. Philadelphia: University of Pennsylvania Press (2012). 408pp.<br />
<br />
== The Qur'an ==<br />
<br />
=== The origins of Qur'anic stories ===<br />
<br />
=== The history of the Qur'anic text ===<br />
Nasser, Shady. ''[https://doi.org/10.1163/9789004241794 The Transmission of the Variant Readings of the Qurʾān: The Problem of Tawātur and the Emergence of Shawādhdh]''. Leiden: Brill, 2013. 252pp.<br />
<br />
== The development of Islamic theology == <br />
<br />
Crone, Patricia and Martin Hinds. ''[https://www.cambridge.org/us/universitypress/subjects/history/middle-east-history/gods-caliph-religious-authority-first-centuries-islam?format=PB&isbn=9780521541114 God's Caliph: Religious Authority in the First Centuries of Islam]''. Cambridge: Cambridge University Press (1986). 164pp. <br />
<br />
Osman, Amr. [https://doi.org/10.1163/15700585-12341245 "''ʿAdālat al-Ṣaḥāba'': The Construction of a Religious Doctrine."] ''Arabica'' T. 60, Fasc. 3/4 (2013): pp. 272-305. <br />
<br />
== The development of Islamic law ==<br />
Auda, Jasser. ''[https://www.kubepublishing.com/collections/quran/products/a-critique-of-the-abrogation-theory-in-islam-1 A Critique of the Theory of Abrogation]''. Markfield: Kube Publishing, 2019. 160pp.<br />
<br />
Sadeghi, Behnam. ''[https://doi.org/10.1017/CBO9780511920509 The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition]''. Cambridge: Cambridge University Press, 2013. 234pp.<br />
<br />
Schacht, Joseph. ''[https://archive.org/details/schacht-joseph-the-origins-of-muhamaddan-jurisprudence The Origins of Muhammadan Jurisprudence]''. London: Oxford University Press, 1950. 348pp.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138041User:IbnPinker/Sandbox12024-03-15T03:53:47Z<p>IbnPinker: /* The development of Islamic law */</p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
====== Formatting ======<br />
Entries are cited Chicago style with slight modifications (see below). DOIs are hyperlinked in the title of the entry, where these are not available a link to the publisher's webpage for the publication is provided in its place. Where neither exists and where the publication is out of copyright, a link may be given to an archived version of the publication hosted online. Provided beneath certain entries is either the publisher's blurb, the article's abstract, an adaption thereof, or a general summary—references for these are the respective entries themselves. Edited volumes are not included in this bibliography unless every chapter they contain deserves inclusion (this is rarely the case)—instead, relevant chapters have been identified and added individually to the relevant section/subsection. <br />
<br />
== The origins of Islam ==<br />
Crone, Patricia. ''[https://doi.org/10.31826/9781463209933 Meccan Trade and the Rise of Islam]''. Princeton: Princeton University Press (1987). 300pp.<br />
<br />
Crone, Patricia and Michael Cook. ''[https://archive.org/details/Hagarism Hagarism: The Making of the Islamic World]''. Cambridge: Cambridge University Press (1977). 268pp.<br />
<br />
== The life of Muhammad ==<br />
Ahmed, Shahab. ''[https://www.hup.harvard.edu/books/9780674047426 Before Orthodoxy: The Satanic Verses in Early Islam]''. Cambridge: Harvard University Press (2017). 336pp.<br />
<br />
Anthony, Sean W. ''[https://www.ucpress.edu/book/9780520340411/muhammad-and-the-empires-of-faith Muhammad and the Empires of Faith: The Making of the Prophet of Islam]''. Oakland: University of California Press (2020). 304pp.<br />
<br />
Powers, David S. ''[https://www.pennpress.org/9780812221497/muhammad-is-not-the-father-of-any-of-your-men/ Muhammad Is Not the Father of Any of Your Men: The Making of the Last Prophet]''. Philadelphia: University of Pennsylvania Press (2011). 376pp.<br />
<br />
Shoemaker, Stephen J. ''[https://www.pennpress.org/9780812223422/the-death-of-a-prophet/ The Death of a Prophet: The End of Muhammad's Life and the Beginnings of Islam]''. Philadelphia: University of Pennsylvania Press (2012). 408pp.<br />
<br />
== The origins of Qur'anic stories ==<br />
<br />
== The history of the Qur'anic text ==<br />
Nasser, Shady. ''[https://doi.org/10.1163/9789004241794 The Transmission of the Variant Readings of the Qurʾān: The Problem of Tawātur and the Emergence of Shawādhdh]''. Leiden: Brill, 2013. 252pp.<br />
<br />
== The development of Islamic theology == <br />
<br />
Crone, Patricia and Martin Hinds. ''[https://www.cambridge.org/us/universitypress/subjects/history/middle-east-history/gods-caliph-religious-authority-first-centuries-islam?format=PB&isbn=9780521541114 God's Caliph: Religious Authority in the First Centuries of Islam]''. Cambridge: Cambridge University Press (1986). 164pp. <br />
<br />
Osman, Amr. [https://doi.org/10.1163/15700585-12341245 "''ʿAdālat al-Ṣaḥāba'': The Construction of a Religious Doctrine."] ''Arabica'' T. 60, Fasc. 3/4 (2013): pp. 272-305. <br />
<br />
== The development of Islamic law ==<br />
Auda, Jasser. ''[https://www.kubepublishing.com/collections/quran/products/a-critique-of-the-abrogation-theory-in-islam-1 A Critique of the Theory of Abrogation]''. Markfield: Kube Publishing, 2019. 160pp.<br />
<br />
Sadeghi, Behnam. ''[https://doi.org/10.1017/CBO9780511920509 The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition]''. Cambridge: Cambridge University Press, 2013. 234pp.<br />
<br />
Schacht, Joseph. ''[https://archive.org/details/schacht-joseph-the-origins-of-muhamaddan-jurisprudence The Origins of Muhammadan Jurisprudence]''. London: Oxford University Press, 1950. 348pp.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138039User:IbnPinker/Sandbox12024-03-14T20:14:15Z<p>IbnPinker: /* The development of Islamic law */</p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
====== Formatting ======<br />
Entries are cited Chicago style with slight modifications (see below). DOIs are hyperlinked in the title of the entry, where these are not available a link to the publisher's webpage for the publication is provided in its place. Where neither exists and where the publication is out of copyright, a link may be given to an archived version of the publication hosted online. Provided beneath certain entries is either the publisher's blurb, the article's abstract, an adaption thereof, or a general summary—references for these are the respective entries themselves. Edited volumes are not included in this bibliography unless every chapter they contain deserves inclusion (this is rarely the case)—instead, relevant chapters have been identified and added individually to the relevant section/subsection. <br />
<br />
== The origins of Islam ==<br />
Crone, Patricia. ''[https://doi.org/10.31826/9781463209933 Meccan Trade and the Rise of Islam]''. Princeton: Princeton University Press (1987). 300pp.<br />
<br />
Crone, Patricia and Michael Cook. ''[https://archive.org/details/Hagarism Hagarism: The Making of the Islamic World]''. Cambridge: Cambridge University Press (1977). 268pp.<br />
<br />
== The life of Muhammad ==<br />
Ahmed, Shahab. ''[https://www.hup.harvard.edu/books/9780674047426 Before Orthodoxy: The Satanic Verses in Early Islam]''. Cambridge: Harvard University Press (2017). 336pp.<br />
<br />
Anthony, Sean W. ''[https://www.ucpress.edu/book/9780520340411/muhammad-and-the-empires-of-faith Muhammad and the Empires of Faith: The Making of the Prophet of Islam]''. Oakland: University of California Press (2020). 304pp.<br />
<br />
Powers, David S. ''[https://www.pennpress.org/9780812221497/muhammad-is-not-the-father-of-any-of-your-men/ Muhammad Is Not the Father of Any of Your Men: The Making of the Last Prophet]''. Philadelphia: University of Pennsylvania Press (2011). 376pp.<br />
<br />
Shoemaker, Stephen J. ''[https://www.pennpress.org/9780812223422/the-death-of-a-prophet/ The Death of a Prophet: The End of Muhammad's Life and the Beginnings of Islam]''. Philadelphia: University of Pennsylvania Press (2012). 408pp.<br />
<br />
== The origins of Qur'anic stories ==<br />
<br />
== The history of the Qur'anic text ==<br />
Nasser, Shady. ''[https://doi.org/10.1163/9789004241794 The Transmission of the Variant Readings of the Qurʾān: The Problem of Tawātur and the Emergence of Shawādhdh]''. Leiden: Brill, 2013. 252pp.<br />
<br />
== The development of Islamic theology == <br />
<br />
Crone, Patricia and Martin Hinds. ''[https://www.cambridge.org/us/universitypress/subjects/history/middle-east-history/gods-caliph-religious-authority-first-centuries-islam?format=PB&isbn=9780521541114 God's Caliph: Religious Authority in the First Centuries of Islam]''. Cambridge: Cambridge University Press (1986). 164pp. <br />
<br />
Osman, Amr. [https://doi.org/10.1163/15700585-12341245 "''ʿAdālat al-Ṣaḥāba'': The Construction of a Religious Doctrine."] ''Arabica'' T. 60, Fasc. 3/4 (2013): pp. 272-305. <br />
<br />
== The development of Islamic law ==<br />
Auda, Jasser. ''A Critique of the Theory of Abrogation''.<br />
<br />
Sadeghi, Behnam. ''[https://doi.org/10.1017/CBO9780511920509 The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition]''. Cambridge: Cambridge University Press, 2013. 234pp.<br />
<br />
Schacht, Joseph. ''[https://archive.org/details/schacht-joseph-the-origins-of-muhamaddan-jurisprudence The Origins of Muhammadan Jurisprudence]''. London: Oxford University Press, 1950. 348pp.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138038User:IbnPinker/Sandbox12024-03-14T18:11:51Z<p>IbnPinker: /* The history of the Qur'anic text */</p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
====== Formatting ======<br />
Entries are cited Chicago style with slight modifications (see below). DOIs are hyperlinked in the title of the entry, where these are not available a link to the publisher's webpage for the publication is provided in its place. Where neither exists and where the publication is out of copyright, a link may be given to an archived version of the publication hosted online. Provided beneath certain entries is either the publisher's blurb, the article's abstract, an adaption thereof, or a general summary—references for these are the respective entries themselves. Edited volumes are not included in this bibliography unless every chapter they contain deserves inclusion (this is rarely the case)—instead, relevant chapters have been identified and added individually to the relevant section/subsection. <br />
<br />
== The origins of Islam ==<br />
Crone, Patricia. ''[https://doi.org/10.31826/9781463209933 Meccan Trade and the Rise of Islam]''. Princeton: Princeton University Press (1987). 300pp.<br />
<br />
Crone, Patricia and Michael Cook. ''[https://archive.org/details/Hagarism Hagarism: The Making of the Islamic World]''. Cambridge: Cambridge University Press (1977). 268pp.<br />
<br />
== The life of Muhammad ==<br />
Ahmed, Shahab. ''[https://www.hup.harvard.edu/books/9780674047426 Before Orthodoxy: The Satanic Verses in Early Islam]''. Cambridge: Harvard University Press (2017). 336pp.<br />
<br />
Anthony, Sean W. ''[https://www.ucpress.edu/book/9780520340411/muhammad-and-the-empires-of-faith Muhammad and the Empires of Faith: The Making of the Prophet of Islam]''. Oakland: University of California Press (2020). 304pp.<br />
<br />
Powers, David S. ''[https://www.pennpress.org/9780812221497/muhammad-is-not-the-father-of-any-of-your-men/ Muhammad Is Not the Father of Any of Your Men: The Making of the Last Prophet]''. Philadelphia: University of Pennsylvania Press (2011). 376pp.<br />
<br />
Shoemaker, Stephen J. ''[https://www.pennpress.org/9780812223422/the-death-of-a-prophet/ The Death of a Prophet: The End of Muhammad's Life and the Beginnings of Islam]''. Philadelphia: University of Pennsylvania Press (2012). 408pp.<br />
<br />
== The origins of Qur'anic stories ==<br />
<br />
== The history of the Qur'anic text ==<br />
Nasser, Shady. ''[https://doi.org/10.1163/9789004241794 The Transmission of the Variant Readings of the Qurʾān: The Problem of Tawātur and the Emergence of Shawādhdh]''. Leiden: Brill, 2013. 252pp.<br />
<br />
== The development of Islamic theology == <br />
<br />
Crone, Patricia and Martin Hinds. ''[https://www.cambridge.org/us/universitypress/subjects/history/middle-east-history/gods-caliph-religious-authority-first-centuries-islam?format=PB&isbn=9780521541114 God's Caliph: Religious Authority in the First Centuries of Islam]''. Cambridge: Cambridge University Press (1986). 164pp. <br />
<br />
Osman, Amr. [https://doi.org/10.1163/15700585-12341245 "''ʿAdālat al-Ṣaḥāba'': The Construction of a Religious Doctrine."] ''Arabica'' T. 60, Fasc. 3/4 (2013): pp. 272-305. <br />
<br />
== The development of Islamic law ==<br />
Sadeghi, Behnam. ''[https://doi.org/10.1017/CBO9780511920509 The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition]''. Cambridge: Cambridge University Press, 2013. 234pp.<br />
<br />
Schacht, Joseph. ''[https://archive.org/details/schacht-joseph-the-origins-of-muhamaddan-jurisprudence The Origins of Muhammadan Jurisprudence]''. London: Oxford University Press, 1950. 348pp.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138037User:IbnPinker/Sandbox12024-03-14T18:07:48Z<p>IbnPinker: /* The life of Muhammad */</p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
====== Formatting ======<br />
Entries are cited Chicago style with slight modifications (see below). DOIs are hyperlinked in the title of the entry, where these are not available a link to the publisher's webpage for the publication is provided in its place. Where neither exists and where the publication is out of copyright, a link may be given to an archived version of the publication hosted online. Provided beneath certain entries is either the publisher's blurb, the article's abstract, an adaption thereof, or a general summary—references for these are the respective entries themselves. Edited volumes are not included in this bibliography unless every chapter they contain deserves inclusion (this is rarely the case)—instead, relevant chapters have been identified and added individually to the relevant section/subsection. <br />
<br />
== The origins of Islam ==<br />
Crone, Patricia. ''[https://doi.org/10.31826/9781463209933 Meccan Trade and the Rise of Islam]''. Princeton: Princeton University Press (1987). 300pp.<br />
<br />
Crone, Patricia and Michael Cook. ''[https://archive.org/details/Hagarism Hagarism: The Making of the Islamic World]''. Cambridge: Cambridge University Press (1977). 268pp.<br />
<br />
== The life of Muhammad ==<br />
Anthony, Sean W. ''[https://www.ucpress.edu/book/9780520340411/muhammad-and-the-empires-of-faith Muhammad and the Empires of Faith: The Making of the Prophet of Islam]''. Oakland: University of California Press (2020). 304pp.<br />
<br />
Shoemaker, Stephen J. ''[https://www.pennpress.org/9780812223422/the-death-of-a-prophet/ The Death of a Prophet: The End of Muhammad's Life and the Beginnings of Islam]''. Philadelphia: University of Pennsylvania Press (2012). 408pp.<br />
<br />
== The origins of Qur'anic stories ==<br />
<br />
== The history of the Qur'anic text ==<br />
Nasser, Shady. ''[https://doi.org/10.1163/9789004241794 The Transmission of the Variant Readings of the Qurʾān: The Problem of Tawātur and the Emergence of Shawādhdh]''. Leiden: Brill, 2013. 252pp.<br />
<br />
== The development of Islamic theology ==<br />
Ahmed, Shahab. ''[https://www.hup.harvard.edu/books/9780674047426 Before Orthodoxy: The Satanic Verses in Early Islam]''. Cambridge: Harvard University Press (2017). 336pp. <br />
<br />
Crone, Patricia and Martin Hinds. ''[https://www.cambridge.org/us/universitypress/subjects/history/middle-east-history/gods-caliph-religious-authority-first-centuries-islam?format=PB&isbn=9780521541114 God's Caliph: Religious Authority in the First Centuries of Islam]''. Cambridge: Cambridge University Press (1986). 164pp. <br />
<br />
Osman, Amr. [https://doi.org/10.1163/15700585-12341245 "''ʿAdālat al-Ṣaḥāba'': The Construction of a Religious Doctrine."] ''Arabica'' T. 60, Fasc. 3/4 (2013): pp. 272-305. <br />
<br />
== The development of Islamic law ==<br />
Sadeghi, Behnam. ''[https://doi.org/10.1017/CBO9780511920509 The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition]''. Cambridge: Cambridge University Press, 2013. 234pp.<br />
<br />
Schacht, Joseph. ''[https://archive.org/details/schacht-joseph-the-origins-of-muhamaddan-jurisprudence The Origins of Muhammadan Jurisprudence]''. London: Oxford University Press, 1950. 348pp.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138036User:IbnPinker/Sandbox12024-03-14T18:02:36Z<p>IbnPinker: /* The life of Muhammad */</p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
====== Formatting ======<br />
Entries are cited Chicago style with slight modifications (see below). DOIs are hyperlinked in the title of the entry, where these are not available a link to the publisher's webpage for the publication is provided in its place. Where neither exists and where the publication is out of copyright, a link may be given to an archived version of the publication hosted online. Provided beneath certain entries is either the publisher's blurb, the article's abstract, an adaption thereof, or a general summary—references for these are the respective entries themselves. Edited volumes are not included in this bibliography unless every chapter they contain deserves inclusion (this is rarely the case)—instead, relevant chapters have been identified and added individually to the relevant section/subsection. <br />
<br />
== The origins of Islam ==<br />
Crone, Patricia. ''[https://doi.org/10.31826/9781463209933 Meccan Trade and the Rise of Islam]''. Princeton: Princeton University Press (1987). 300pp.<br />
<br />
Crone, Patricia and Michael Cook. ''[https://archive.org/details/Hagarism Hagarism: The Making of the Islamic World]''. Cambridge: Cambridge University Press (1977). 268pp.<br />
<br />
== The life of Muhammad ==<br />
Shoemaker, Stephen J. ''[https://www.pennpress.org/9780812223422/the-death-of-a-prophet/ The Death of a Prophet: The End of Muhammad's Life and the Beginnings of Islam]''. Philadelphia: University of Pennsylvania Press (2012). 408pp.<br />
<br />
== The origins of Qur'anic stories ==<br />
<br />
== The history of the Qur'anic text ==<br />
Nasser, Shady. ''[https://doi.org/10.1163/9789004241794 The Transmission of the Variant Readings of the Qurʾān: The Problem of Tawātur and the Emergence of Shawādhdh]''. Leiden: Brill, 2013. 252pp.<br />
<br />
== The development of Islamic theology ==<br />
Ahmed, Shahab. ''[https://www.hup.harvard.edu/books/9780674047426 Before Orthodoxy: The Satanic Verses in Early Islam]''. Cambridge: Harvard University Press (2017). 336pp. <br />
<br />
Crone, Patricia and Martin Hinds. ''[https://www.cambridge.org/us/universitypress/subjects/history/middle-east-history/gods-caliph-religious-authority-first-centuries-islam?format=PB&isbn=9780521541114 God's Caliph: Religious Authority in the First Centuries of Islam]''. Cambridge: Cambridge University Press (1986). 164pp. <br />
<br />
Osman, Amr. [https://doi.org/10.1163/15700585-12341245 "''ʿAdālat al-Ṣaḥāba'': The Construction of a Religious Doctrine."] ''Arabica'' T. 60, Fasc. 3/4 (2013): pp. 272-305. <br />
<br />
== The development of Islamic law ==<br />
Sadeghi, Behnam. ''[https://doi.org/10.1017/CBO9780511920509 The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition]''. Cambridge: Cambridge University Press, 2013. 234pp.<br />
<br />
Schacht, Joseph. ''[https://archive.org/details/schacht-joseph-the-origins-of-muhamaddan-jurisprudence The Origins of Muhammadan Jurisprudence]''. London: Oxford University Press, 1950. 348pp.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138035User:IbnPinker/Sandbox12024-03-14T17:57:12Z<p>IbnPinker: /* The history of the Qur'anic text */</p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
====== Formatting ======<br />
Entries are cited Chicago style with slight modifications (see below). DOIs are hyperlinked in the title of the entry, where these are not available a link to the publisher's webpage for the publication is provided in its place. Where neither exists and where the publication is out of copyright, a link may be given to an archived version of the publication hosted online. Provided beneath certain entries is either the publisher's blurb, the article's abstract, an adaption thereof, or a general summary—references for these are the respective entries themselves. Edited volumes are not included in this bibliography unless every chapter they contain deserves inclusion (this is rarely the case)—instead, relevant chapters have been identified and added individually to the relevant section/subsection. <br />
<br />
== The origins of Islam ==<br />
Crone, Patricia. ''[https://doi.org/10.31826/9781463209933 Meccan Trade and the Rise of Islam]''. Princeton: Princeton University Press (1987). 300pp.<br />
<br />
Crone, Patricia and Michael Cook. ''[https://archive.org/details/Hagarism Hagarism: The Making of the Islamic World]''. Cambridge: Cambridge University Press (1977). 268pp.<br />
<br />
== The life of Muhammad ==<br />
<br />
== The origins of Qur'anic stories ==<br />
<br />
== The history of the Qur'anic text ==<br />
Nasser, Shady. ''[https://doi.org/10.1163/9789004241794 The Transmission of the Variant Readings of the Qurʾān: The Problem of Tawātur and the Emergence of Shawādhdh]''. Leiden: Brill, 2013. 252pp.<br />
<br />
== The development of Islamic theology ==<br />
Ahmed, Shahab. ''[https://www.hup.harvard.edu/books/9780674047426 Before Orthodoxy: The Satanic Verses in Early Islam]''. Cambridge: Harvard University Press (2017). 336pp. <br />
<br />
Crone, Patricia and Martin Hinds. ''[https://www.cambridge.org/us/universitypress/subjects/history/middle-east-history/gods-caliph-religious-authority-first-centuries-islam?format=PB&isbn=9780521541114 God's Caliph: Religious Authority in the First Centuries of Islam]''. Cambridge: Cambridge University Press (1986). 164pp. <br />
<br />
Osman, Amr. [https://doi.org/10.1163/15700585-12341245 "''ʿAdālat al-Ṣaḥāba'': The Construction of a Religious Doctrine."] ''Arabica'' T. 60, Fasc. 3/4 (2013): pp. 272-305. <br />
<br />
== The development of Islamic law ==<br />
Sadeghi, Behnam. ''[https://doi.org/10.1017/CBO9780511920509 The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition]''. Cambridge: Cambridge University Press, 2013. 234pp.<br />
<br />
Schacht, Joseph. ''[https://archive.org/details/schacht-joseph-the-origins-of-muhamaddan-jurisprudence The Origins of Muhammadan Jurisprudence]''. London: Oxford University Press, 1950. 348pp.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138034User:IbnPinker/Sandbox12024-03-14T17:53:17Z<p>IbnPinker: /* The life of Muhammad */</p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
====== Formatting ======<br />
Entries are cited Chicago style with slight modifications (see below). DOIs are hyperlinked in the title of the entry, where these are not available a link to the publisher's webpage for the publication is provided in its place. Where neither exists and where the publication is out of copyright, a link may be given to an archived version of the publication hosted online. Provided beneath certain entries is either the publisher's blurb, the article's abstract, an adaption thereof, or a general summary—references for these are the respective entries themselves. Edited volumes are not included in this bibliography unless every chapter they contain deserves inclusion (this is rarely the case)—instead, relevant chapters have been identified and added individually to the relevant section/subsection. <br />
<br />
== The origins of Islam ==<br />
Crone, Patricia. ''[https://doi.org/10.31826/9781463209933 Meccan Trade and the Rise of Islam]''. Princeton: Princeton University Press (1987). 300pp.<br />
<br />
Crone, Patricia and Michael Cook. ''[https://archive.org/details/Hagarism Hagarism: The Making of the Islamic World]''. Cambridge: Cambridge University Press (1977). 268pp.<br />
<br />
== The life of Muhammad ==<br />
<br />
== The origins of Qur'anic stories ==<br />
<br />
== The history of the Qur'anic text ==<br />
Nasser, Shady. ''[https://doi.org/10.1163/9789004241794 The Transmission of the Variant Readings of the Qurʾān: The Problem of Tawātur and the Emergence of Shawādhdh]''. Leiden: Brill, 2013. 252pp.<br />
<br />
== The development of Islamic theology ==<br />
Ahmed, Shahab. ''[https://www.hup.harvard.edu/books/9780674047426 Before Orthodoxy: The Satanic Verses in Early Islam]''. Cambridge: Harvard University Press (2017). 336pp. <br />
<br />
Osman, Amr. [https://doi.org/10.1163/15700585-12341245 "''ʿAdālat al-Ṣaḥāba'': The Construction of a Religious Doctrine."] ''Arabica'' T. 60, Fasc. 3/4 (2013): pp. 272-305. <br />
<br />
== The development of Islamic law ==<br />
Sadeghi, Behnam. ''[https://doi.org/10.1017/CBO9780511920509 The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition]''. Cambridge: Cambridge University Press, 2013. 234pp.<br />
<br />
Schacht, Joseph. ''[https://archive.org/details/schacht-joseph-the-origins-of-muhamaddan-jurisprudence The Origins of Muhammadan Jurisprudence]''. London: Oxford University Press, 1950. 348pp.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138033User:IbnPinker/Sandbox12024-03-14T17:43:40Z<p>IbnPinker: /* The development of Islamic theology */</p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
====== Formatting ======<br />
Entries are cited Chicago style with slight modifications (see below). DOIs are hyperlinked in the title of the entry, where these are not available a link to the publisher's webpage for the publication is provided in its place. Where neither exists and where the publication is out of copyright, a link may be given to an archived version of the publication hosted online. Provided beneath certain entries is either the publisher's blurb, the article's abstract, an adaption thereof, or a general summary—references for these are the respective entries themselves. Edited volumes are not included in this bibliography unless every chapter they contain deserves inclusion (this is rarely the case)—instead, relevant chapters have been identified and added individually to the relevant section/subsection. <br />
<br />
== The life of Muhammad ==<br />
<br />
== The origins of Qur'anic stories ==<br />
<br />
== The history of the Qur'anic text ==<br />
Nasser, Shady. ''[https://doi.org/10.1163/9789004241794 The Transmission of the Variant Readings of the Qurʾān: The Problem of Tawātur and the Emergence of Shawādhdh]''. Leiden: Brill, 2013. 252pp.<br />
<br />
== The development of Islamic theology ==<br />
Ahmed, Shahab. ''[https://www.hup.harvard.edu/books/9780674047426 Before Orthodoxy: The Satanic Verses in Early Islam]''. Cambridge: Harvard University Press (2017). 336pp. <br />
<br />
Osman, Amr. [https://doi.org/10.1163/15700585-12341245 "''ʿAdālat al-Ṣaḥāba'': The Construction of a Religious Doctrine."] ''Arabica'' T. 60, Fasc. 3/4 (2013): pp. 272-305. <br />
<br />
== The development of Islamic law ==<br />
Sadeghi, Behnam. ''[https://doi.org/10.1017/CBO9780511920509 The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition]''. Cambridge: Cambridge University Press, 2013. 234pp.<br />
<br />
Schacht, Joseph. ''[https://archive.org/details/schacht-joseph-the-origins-of-muhamaddan-jurisprudence The Origins of Muhammadan Jurisprudence]''. London: Oxford University Press, 1950. 348pp.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138032User:IbnPinker/Sandbox12024-03-14T17:22:33Z<p>IbnPinker: /* Formatting */</p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
====== Formatting ======<br />
Entries are cited Chicago style with slight modifications (see below). DOIs are hyperlinked in the title of the entry, where these are not available a link to the publisher's webpage for the publication is provided in its place. Where neither exists and where the publication is out of copyright, a link may be given to an archived version of the publication hosted online. Provided beneath certain entries is either the publisher's blurb, the article's abstract, an adaption thereof, or a general summary—references for these are the respective entries themselves. Edited volumes are not included in this bibliography unless every chapter they contain deserves inclusion (this is rarely the case)—instead, relevant chapters have been identified and added individually to the relevant section/subsection. <br />
<br />
== The life of Muhammad ==<br />
<br />
== The origins of Qur'anic stories ==<br />
<br />
== The history of the Qur'anic text ==<br />
Nasser, Shady. ''[https://doi.org/10.1163/9789004241794 The Transmission of the Variant Readings of the Qurʾān: The Problem of Tawātur and the Emergence of Shawādhdh]''. Leiden: Brill, 2013. 252pp.<br />
<br />
== The development of Islamic theology ==<br />
Osman, Amr. [https://doi.org/10.1163/15700585-12341245 "''ʿAdālat al-Ṣaḥāba'': The Construction of a Religious Doctrine."] ''Arabica'' T. 60, Fasc. 3/4 (2013): pp. 272-305. <br />
<br />
== The development of Islamic law ==<br />
Sadeghi, Behnam. ''[https://doi.org/10.1017/CBO9780511920509 The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition]''. Cambridge: Cambridge University Press, 2013. 234pp.<br />
<br />
Schacht, Joseph. ''[https://archive.org/details/schacht-joseph-the-origins-of-muhamaddan-jurisprudence The Origins of Muhammadan Jurisprudence]''. London: Oxford University Press, 1950. 348pp.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138031User:IbnPinker/Sandbox12024-03-14T17:19:32Z<p>IbnPinker: </p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
====== Formatting ======<br />
Entries are cited Chicago style with slight modifications (see below). DOIs are hyperlinked in the title of the entry, where these are not available a link to the publisher's webpage for the publication is provided in its place. Provided beneath certain entries is the either the publisher's blurb, the article's abstract, an adaption thereof, or a general summary—references for these are the respective entries themselves. Edited volumes are not included in this bibliography unless every chapter they contain deserves inclusion (this is rarely the case)—instead, relevant chapters have been identified and added individually to the relevant section/subsection. <br />
<br />
== The life of Muhammad ==<br />
<br />
== The origins of Qur'anic stories ==<br />
<br />
== The history of the Qur'anic text ==<br />
Nasser, Shady. ''[https://doi.org/10.1163/9789004241794 The Transmission of the Variant Readings of the Qurʾān: The Problem of Tawātur and the Emergence of Shawādhdh]''. Leiden: Brill, 2013. 252pp.<br />
<br />
== The development of Islamic theology ==<br />
Osman, Amr. [https://doi.org/10.1163/15700585-12341245 "''ʿAdālat al-Ṣaḥāba'': The Construction of a Religious Doctrine."] ''Arabica'' T. 60, Fasc. 3/4 (2013): pp. 272-305. <br />
<br />
== The development of Islamic law ==<br />
Sadeghi, Behnam. ''[https://doi.org/10.1017/CBO9780511920509 The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition]''. Cambridge: Cambridge University Press, 2013. 234pp.<br />
<br />
Schacht, Joseph. ''[https://archive.org/details/schacht-joseph-the-origins-of-muhamaddan-jurisprudence The Origins of Muhammadan Jurisprudence]''. London: Oxford University Press, 1950. 348pp.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138030User:IbnPinker/Sandbox12024-03-14T17:17:36Z<p>IbnPinker: </p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
====== Formatting ======<br />
Entries are cited Chicago style with slight modifications (see below). DOIs are hyperlinked in the title of the entry, where these are not available a link to the publisher's webpage for the publication is provided in its place. Edited volumes are not included in this bibliography unless every chapter they contain deserves inclusion (this is rarely the case)—instead, relevant chapters have been identified and added individually to the relevant section/subsection. <br />
<br />
== The life of Muhammad ==<br />
<br />
== The origins of Qur'anic stories ==<br />
<br />
== The history of the Qur'anic text ==<br />
Nasser, Shady. ''[https://doi.org/10.1163/9789004241794 The Transmission of the Variant Readings of the Qurʾān: The Problem of Tawātur and the Emergence of Shawādhdh]''. Leiden: Brill, 2013. 252pp.<br />
<br />
== The development of Islamic theology ==<br />
Osman, Amr. [https://doi.org/10.1163/15700585-12341245 "''ʿAdālat al-Ṣaḥāba'': The Construction of a Religious Doctrine."] ''Arabica'' T. 60, Fasc. 3/4 (2013): pp. 272-305. <br />
<br />
== The development of Islamic law ==<br />
Sadeghi, Behnam. ''[https://doi.org/10.1017/CBO9780511920509 The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition]''. Cambridge: Cambridge University Press, 2013. 234pp.<br />
<br />
Schacht, Joseph. ''[https://archive.org/details/schacht-joseph-the-origins-of-muhamaddan-jurisprudence The Origins of Muhammadan Jurisprudence]''. London: Oxford University Press, 1950. 348pp.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138029User:IbnPinker/Sandbox12024-03-14T17:12:04Z<p>IbnPinker: </p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
Entries are cited Chicago style with slight modifications (see below). Do not add edited volumes to this list unless every chapter deserves inclusion (this will rarely be the case)—instead, identify relevant chapters and add those individually to the relevant section/subsection.<br />
<br />
== The life of Muhammad ==<br />
<br />
== The origins of Qur'anic stories ==<br />
<br />
== The history of the Qur'anic text ==<br />
Nasser, Shady. ''[https://doi.org/10.1163/9789004241794 The Transmission of the Variant Readings of the Qurʾān: The Problem of Tawātur and the Emergence of Shawādhdh]''. Leiden: Brill, 2013. 252pp.<br />
<br />
== The development of Islamic theology ==<br />
Osman, Amr. [https://doi.org/10.1163/15700585-12341245 "''ʿAdālat al-Ṣaḥāba'': The Construction of a Religious Doctrine."] ''Arabica'' T. 60, Fasc. 3/4 (2013): pp. 272-305. <br />
<br />
== The development of Islamic law ==<br />
Sadeghi, Behnam. ''[https://doi.org/10.1017/CBO9780511920509 The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition]''. Cambridge: Cambridge University Press, 2013. 234pp.<br />
<br />
Schacht, Joseph. ''[https://archive.org/details/schacht-joseph-the-origins-of-muhamaddan-jurisprudence The Origins of Muhammadan Jurisprudence]''. London: Oxford University Press, 1950. 348pp.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138028User:IbnPinker/Sandbox12024-03-14T17:04:13Z<p>IbnPinker: /* The development of Islamic theology */</p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
== The life of Muhammad ==<br />
<br />
== The origins of Qur'anic stories ==<br />
<br />
== The history of the Qur'anic text ==<br />
Nasser, Shady. ''[https://doi.org/10.1163/9789004241794 The Transmission of the Variant Readings of the Qurʾān: The Problem of Tawātur and the Emergence of Shawādhdh]''. Leiden: Brill, 2013. 252pp.<br />
<br />
== The development of Islamic theology ==<br />
Osman, Amr. [https://doi.org/10.1163/15700585-12341245 "''ʿAdālat al-Ṣaḥāba'': The Construction of a Religious Doctrine."] ''Arabica'' T. 60, Fasc. 3/4 (2013): pp. 272-305. <br />
<br />
== The development of Islamic law ==<br />
Sadeghi, Behnam. ''[https://doi.org/10.1017/CBO9780511920509 The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition]''. Cambridge: Cambridge University Press, 2013. 234pp.<br />
<br />
Schacht, Joseph. ''[https://archive.org/details/schacht-joseph-the-origins-of-muhamaddan-jurisprudence The Origins of Muhammadan Jurisprudence]''. London: Oxford University Press, 1950. 348pp.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138027User:IbnPinker/Sandbox12024-03-14T16:48:10Z<p>IbnPinker: /* The development of Islamic law */</p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
== The life of Muhammad ==<br />
<br />
== The origins of Qur'anic stories ==<br />
<br />
== The history of the Qur'anic text ==<br />
Nasser, Shady. ''The Transmission of the Variant Readings of the Qur'an: The Problem of Tawatur and the Emergence of Shawadhdh''. Leiden: Brill, 2013. 252pp.<br />
<br />
== The development of Islamic theology ==<br />
<br />
== The development of Islamic law ==<br />
Sadeghi, Behnam. ''The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition''. Cambridge: Cambridge University Press, 2013. 234pp.<br />
<br />
Schacht, Joseph. ''The Origins of Muhammadan Jurisprudence''. London: Oxford University Press, 1950. 348pp.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138026User:IbnPinker/Sandbox12024-03-14T04:24:54Z<p>IbnPinker: /* The history of the Qur'anic text */</p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
== The life of Muhammad ==<br />
<br />
== The origins of Qur'anic stories ==<br />
<br />
== The history of the Qur'anic text ==<br />
Nasser, Shady. ''The Transmission of the Variant Readings of the Qur'an: The Problem of Tawatur and the Emergence of Shawadhdh''. Leiden/Boston: Brill, 2013 (Text and Studies on the Qur'an 9). XII + 252pp.<br />
<br />
== The development of Islamic theology ==<br />
<br />
== The development of Islamic law ==<br />
<br />
== The development of the hadith ==</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138025User:IbnPinker/Sandbox12024-03-14T04:22:37Z<p>IbnPinker: /* The history of the Qur'anic text */</p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
== The life of Muhammad ==<br />
<br />
== The origins of Qur'anic stories ==<br />
<br />
== The history of the Qur'anic text ==<br />
Nasser, Shady. ''The Transmission of the Variant Readings of the Qur'an: The Problem of Tawatur and the Emergence of Shawadhdh''. Leiden/Boston: Brill, 2013 (Text and Studies on the Qur'an 9). XII+ 252pp. ISBN 978-90 04-24081.<br />
<br />
== The development of Islamic theology ==<br />
<br />
== The development of Islamic law ==<br />
<br />
== The development of the hadith ==</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138024User:IbnPinker/Sandbox12024-03-14T04:21:11Z<p>IbnPinker: /* The history of the Qur'anic text */</p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
== The life of Muhammad ==<br />
<br />
== The origins of Qur'anic stories ==<br />
<br />
== The history of the Qur'anic text ==<br />
Nasser, Shady. ''The Transmission of the Variant Readings of the Qur'an: The Problem of Tawatur and the Emergence of Shawadhdh''. Leiden/Boston: Brill, 2013 (Text and Studies on the Qur'an 9). XII+ 252 S. ISBN 978-90 04-24081.<br />
<br />
== The development of Islamic theology ==<br />
<br />
== The development of Islamic law ==<br />
<br />
== The development of the hadith ==</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138023User:IbnPinker/Sandbox12024-03-14T04:15:00Z<p>IbnPinker: </p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
== The life of Muhammad ==<br />
<br />
== The origins of Qur'anic stories ==<br />
<br />
== The history of the Qur'anic text ==<br />
Nasser, Shady. ''The Transmission of the Variant Readings of the Qur'an: The Problem of Tawatur and the Emergence of Shawadhdh''. Leiden: Brill, 2013.<br />
<br />
== The development of Islamic theology ==<br />
<br />
== The development of Islamic law ==<br />
<br />
== The development of the hadith ==</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138022User:IbnPinker/Sandbox12024-03-14T03:30:06Z<p>IbnPinker: </p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
<br />
== The life of Muhammad ==<br />
<br />
== The origins of Qur'anic stories ==<br />
<br />
== The history of the Qur'anic text ==<br />
<br />
== The development of Islamic theology ==<br />
<br />
== The development of Islamic law ==<br />
<br />
== The development of the hadith ==</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138021User:IbnPinker/Sandbox12024-03-14T03:29:39Z<p>IbnPinker: </p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him to climb out of it and perhaps change his mind about his most fundamental religious convictions.<br />
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The life of Muhammad<br />
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The origins of Qur'anic stories<br />
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The history of the Qur'anic text<br />
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The development of Islamic theology<br />
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The development of Islamic law<br />
<br />
The development of the hadith</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138009User:IbnPinker/Sandbox12024-03-11T00:56:21Z<p>IbnPinker: </p>
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<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, what will merit inclusion is anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him more fruitfully to climb out of it and perhaps change his mind about his most fundamental religious convictions.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138008User:IbnPinker/Sandbox12024-03-10T23:14:50Z<p>IbnPinker: </p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past will merit inclusion. In other words, the aim is to curate research and theory about Islam and its past which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him, more fruitfully, to climb out of it and perhaps change his mind about his most fundamental beliefs.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138007User:IbnPinker/Sandbox12024-03-10T23:14:00Z<p>IbnPinker: </p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints on the same. It is not essential that posterity have confirmed the accuracy of the analysis presented in these publications, or that their analysis necessarily be falsifiable in all cases; instead, anything that has succeeded in prompting scholars, students, and the literate laity to ''rethink'' what they believe about Islam as it exists today or how it existed in the past will merit inclusion. In other words, the aim is to curate research and theory which would not merely cause al-Ghazali to spin in his grave, but which would instead prompt him, more fruitfully, to climb out of it and perhaps change his mind about his most fundamental beliefs.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138006User:IbnPinker/Sandbox12024-03-10T23:03:23Z<p>IbnPinker: </p>
<hr />
<div>Critical Bibliography of Islamic Studies<br />
<br />
<br />
This article will compile academic articles, chapters, and books which are both scholarly and rigorous and which present perspectives on topics in Islamic studies (history, theology, etc.) subversive of inherited and religious viewpoints.</div>IbnPinkerhttps://wikiislam.net/index.php?title=User:IbnPinker/Sandbox1&diff=138005User:IbnPinker/Sandbox12024-03-10T22:58:11Z<p>IbnPinker: Created blank page</p>
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<div></div>IbnPinkerhttps://wikiislam.net/index.php?title=WikiIslam:How_to_Edit&diff=138004WikiIslam:How to Edit2024-03-10T22:34:49Z<p>IbnPinker: /* Article creation */</p>
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<div><noinclude><br />
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[[WikiIslam|WikiIslam]] is a wiki, meaning it is made for anyone to edit, although currently editing is locked down and only accessible to registered users. There are two editing interfaces: the new Visual Editor (VE) and classic wiki source editing (using the wiki markup language).<br />
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==Editing articles==<br />
===Content style and policies===<br />
{{see also|WikiIslam:Writing Style Guide}}<br />
An encyclopedic, neutral style with a formal tone is important: straightforward, just-the-facts, instead of essay-like, argumentative, or opinionated. The goal of a WikiIslam article is to create a comprehensive and strictly factual articles based on scholarly and primary sources about Islamic topics. All claims must be strictly backed by primary and sound, scholarly secondary sources.<br />
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===Edit screen(s)===<br />
[[File:Advanced_Settings_Screenshot.PNG|centeer|thumb|500px|Advanced settings in the visual editor]]<br />
Editing most WikiIslam pages is simple. WikiIslam uses two interface methods: classic editing through [[WikiIslam:Source Editing|source editor]] (using the wiki markup language), and a new VisualEditor (VE). The source editor is chosen by clicking the <kbd>Edit</kbd> tab at the top of a WikiIslam page. This will take you to a new page containing the editable contents of the current page. The source editor is used extensively throughout WikiIslam for such things as [[WikiIslam:Citing, Linking, and Quoting|hyperlinking, quoting, and citations]], tables and columns, special characters, and so on.<br />
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The VisualEditor option is intended as a user-friendly, "What You See Is What You Get" editing aid, allowing one to edit pages without the need to learn wiki markup language. See the [[WikiIslam:VisualEditor/User guide|VisualEditor user guide]] for more information.<br />
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<gallery mode="packed" class="center" heights="233" style="font-size:95%" caption="Two editing environments: Source editor and VisualEditor"><br />
File:Source Editor Screenshot.PNG|alt=Text in a large rectangle below two toolbars and next to a scrollbar.|Edit box showing the [[WikiIslam:Source Editing|source editor]]. You can change the formatting and contents of the page by changing what is written in this box.<br />
File:VisualEditor Screenshot.PNG|Screenshot showing the same article in [[Wikipedia:VisualEditor|VisualEditor]]. Unlike the source editor display, VisualEditor will show the text being edited almost as if it were already published.<br />
</gallery><br />
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===Linking to Other Articles on WikiIslam===<br />
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Within the text of articles, you can provide hyperlinks, highlighted in blue text, to other articles on WikiIslam, for example [[Textual History of the Qur'an]]. This can be done both in the visual editor and in the source editor. In the visual editor, simply type in [[ and the editor will prompt you to choose the article you desire via a search. In the source editor, the exact name of the article must be put into double brackets, like so: <nowiki>[[Textual History of the Qur'an]]</nowiki>. If you wish to use another piece of text besides the name of the article as the link, [[Textual History of the Qur'an|like so]], you can use the pipe in the source editor. To produce the previous example, the markup language looks like this: <nowiki>[[Textual History of the Qur'an|like so]]</nowiki>.<br />
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===Adding references===<br />
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Generally, sources are added directly after the facts they support at the end of the sentence and after any punctuation. WikiIslam permits editors to use any citation system that allows the reader to understand where the information came from, and strongly encourages use of inline citations to do so. For more on citations, see [[WikiIslam:Citing, Linking, and Quoting]]. Common methods of placing inline citations include footnotes, shortened footnotes and parenthetical references.<br />
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Inline citations are most commonly placed by inserting a reference between <code><nowiki><ref></nowiki></code> ... <code><nowiki></ref></nowiki></code> tags, directly in the text of an article. The reference is a footnote, appearing as an inline link (e.g. <small><sup><span style="color:#002BB8">[1][2]</span></sup></small>) to a particular item in a collated, numbered list of footnotes, found wherever a {{tl|reflist}} template or <code><nowiki><references /></nowiki></code> tag is present, usually in a section titled "References" or "Notes". When you add references to an article, this section will automatically be created. <br />
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There are a number of tools available to help with citation placement and formatting, some of which are internal tools and scripts, while others are available from external sites. For an example of the former, RefToolbar is a JavaScript toolbar displayed above the edit box that provides the ability to automatically fill out various [[WikiIslam:Citation templates|citation templates]] and insert them in the text already formatted inside <code><nowiki><ref></nowiki></code> ... <code><nowiki></ref></nowiki></code> tags. For an example of the latter, the [https://alyw234237.github.io/wiki-doi-gbooks-citation-maker/ Wikipedia DOI and Google Books Citation Maker] converts a digital object identifier (DOI) or Google Books address (URL) into a filled-out {{tl|cite journal}} or {{tl|cite book}} template ready to be pasted into an article. See [[https://en.wikipedia.org/wiki/Help:Citation_tools Help:Citation tools]] on Wikipedia for many others.<br />
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===Adding images, sounds, and videos===<br />
A file that is already hosted on WikiIslam can be inserted with the basic code <code><nowiki>[[File:FILENAME|thumb|DESCRIPTION]]</nowiki></code>. (<code>Image:</code> can be substituted for <code>File:</code> with no change in effect; the choice between the two is purely a matter of editorial preference.) Using <code>thumb</code> generates a thumbnail of an image (the most common placement option), which is typically sized differently from the original image. Files can be submitted through the upload file link on the right. If you do not have permission to do this, please contact administrator [[User:Asmith]].<br />
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===Templates===<br />
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In order to format and organize data, templates are used on WikiIslam. These are markup language commands which tell the wiki to format data in specific ways and links to outside websites. Commonly used templates on WikiIslam include the quote template, the Quran template, the Quran series template, and the various hadith templates. Quote can be used in the following manner: <code><nowiki>{{Quote</nowiki></code> ... <code><nowiki>}}</nowiki></code>. This will produce a box with two fields, one for a source and another for the text being quoted. The source is introduced by a pipe | after the word "Quote." See the example below:<br />
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{{Quote|Sample Source| Sample Text}}<br />
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These quote boxes can be used for any quoted source. Templates can also be used to link to sources outside WikiIslam, particularly the Qur'an and the hadith. WikiIslam uses www.quranx.com for this purpose. The template <code><nowiki>{{Quran|surah number|ayah number}}</nowiki></code> will produce a link to the specified surah (chapter) and ayah (verse). For example, to like to surat-al-baqarah (surah number 2), ayah 36 the template format would be <code><nowiki>{{Quran|2|36}}</nowiki></code>. For a series of ayahs the following template cane be used: <code><nowiki>{{Quran|surah number|first ayah in series|last ayah in series}}</nowiki></code>. For example for surat-al-baqarah verse 20-23 the format would be <nowiki>{{Quran|2|20|23}}</nowiki>. All of the "Sahih Six" or authoritative Sunni collections of hadith also have templates which link to QuranX. Below you can see examples of all of their uses:<br />
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{| border="1" cellpadding="5" cellspacing="0" style="width:700px; height:200px"<br />
!Input!!Output<br />
|-<br />
| |{&#123;<nowiki>Bukhari|1|1|5}}</nowiki>||{{Bukhari|1|1|5}}<br />
|-<br />
| |{&#123;<nowiki>Muslim|1|5}}</nowiki>||{{Muslim|1|5}}<br />
|-<br />
| |{&#123;<nowiki>Abudawud|1|7}}</nowiki>||{{Abudawud|1|7}}<br />
|-<br />
| |{&#123;<nowiki>Muwatta|1|1|5|}}</nowiki><br />
|{{Muwatta|1|1|5|}}<br />
|-<br />
| |<nowiki>{{Al Tirmidhi|2|1|2|6}}</nowiki>||{{Al Tirmidhi|2|1|2|6}}<br />
|-<br />
| |<nowiki>{{Al Nasai|26|4|26|3257}}</nowiki>||{{Al Nasai|26|4|26|3257}}<br />
|-<br />
| |<nowiki>{{Ibn Majah|9|3|9|1903}}</nowiki>||{{Ibn Majah|9|3|9|1903}}<br />
|-<br />
|}<br />
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More info on all of the Quran, Hadith, and quotation templates can be found here: [[WikiIslam:Source Editing]]<br />
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A full list of all templates may be found here: [[:Category:Templates]].<br />
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==Article creation==<br />
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Before starting a new article, please understand [[WikiIslam:Scope and Article Relevance|WikiIslam's scope and relevance requirements]]. In short, the article should be directly related to the beliefs and/or practices of Muslims.<br />
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Before creating an article, please search WikiIslam first to make sure that an article does not already exist on the subject, and please also review [[WikiIslam:Article Naming]] for guidance on how to name the article. If you want to draft an article in collaboration with others or if you want to draft an article for which you will be the only initial editor, please see [[WikiIslam:Sandbox]] for instructions.<br />
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==Talk pages==<br />
[[File:Screenshot of Talk page.PNG|thumb|upright|thumbtime=1|A screenshot of a sample talk page]]<br />
Every article on WikiIslam has a talk page, reached by clicking the "Talk" tab just above the title (for example, [[Talk:Dhul-Qarnayn and the Alexander Romance]]). There, editors can discuss improvements to the content of an article. If you ever make a change that gets reverted by another editor, discuss the change on the talk page! Through discussion on these pages, consensus can be reached. It is very important that you conduct yourself with civility and assume good faith on the part of others. [https://en.Wikipedia.org/wiki/Wikipedia:Edit_warring Edit warring] (repeatedly overriding or reimplementing contributions) is highly discouraged.<br />
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Most other pages on WikiIslam also have associated talk pages, including the user page each editor is assigned once they sign up. When other editors need to contact you, they will usually do this by leaving a message on [[Special:MyTalk|your talk page]]. When someone has left you a message that way, you will see a notice the next time you log in or view a page on WikiIslam. You can sign your contributions to a Talk page by using four tildes (<nowiki>~~~~</nowiki>), which produces your username and a time/date stamp.<br />
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==See also==<br />
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*[[WikiIslam:Source Editing]]<br />
*[[WikiIslam:Scope and Article Relevance]]<br />
*[[WikiIslam:Writing Style Guide]]<br />
*[[WikiIslam:Citing, Linking, and Quoting]]<br />
*[[WikiIslam:Structure]]<br />
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----<br />
[[Category:Help Pages]]<br />
[[Category:Policies and Guidelines]]</div>IbnPinkerhttps://wikiislam.net/index.php?title=User_talk:IbnPinker&diff=136897User talk:IbnPinker2023-08-11T19:28:34Z<p>IbnPinker: </p>
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<div>=='Iddah Article==<br />
Dear [[User:IbnPinker|IbnPinker]]<br />
I have completed the rough draft of 'Iddah article (https://wikiislam.net/index.php?title=User_talk:Lehrasap/Sandbox_1). It is requested to please have a look at it and advice the necessary edits and what to further do with it. Thanks.</br>[[User:Lehrasap|Lehrasap]] ([[User talk:Lehrasap|talk]]) 23:05, 28 November 2021 (UTC)<br />
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==I mentioned you and other Admins on two Articles, but No response after 1 week==<br />
I am afraid, I am new and made mistake in mentioning you and other Admins, and therefor you people have not got the notifications. First one is the talk page of article "[https://wikiislam.net/wiki/Talk:The_Quran_and_Mountains The Quran and the Mountains]" And second one is my own [https://wikiislam.net/wiki/User_talk:Kamranlashari Talk page], where I started a new topic of "Quran and Expansion of the Universe".<br />
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[[User:Kamranlashari|Kamranlashari]] ([[User talk:Kamranlashari|talk]]) 18:19, 25 June 2021 (UTC)<br />
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:: Hey, sorry. I was actually out of town travelling and didn't have access to the wiki during that time. Will follow up with you on your talk page. [[User:IbnPinker|IbnPinker]] ([[User talk:IbnPinker|talk]]) 18:52, 22 August 2021 (UTC)<br />
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== How to ping other editors? ==<br />
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Hi, I asked a question [https://wikiislam.net/wiki/Talk:Rape_in_Islamic_Law# here]. How do I ping other editors to reply?-[[User:Raman|Raman]] ([[User talk:Raman|talk]]) 17:46, 26 November 2020 (UTC)<br />
:Hey Raman, you just did. If you want to ping an editor directly (so that they get a notification) you have to leave a comment on their talk page, as you just left on mine. As for talk pages for specific articles, editing these will not send a notification to any editor unless those editors are "watching" the page (the little selectable star icon in the top right of the screen). Since activity on the wiki is a bit slow right now, there may not be so many other editors to interact with, but do feel free to msg admins/anyone you see is active via the [[Special:RecentChanges]] page. I will go ahead and leave a reply to your question on the rape in islamic law page now. Also, if you haven't already, be sure to review the [[WikiIslam:Talk_Pages|talk page guidelines]] Hope that helps. --[[User:IbnPinker|IbnPinker]] ([[User talk:IbnPinker|talk]]) 21:11, 26 November 2020 (UTC)<br />
::Actually, I just looked into it a bit further. MediaWiki (the wiki software) may notify editors if you link to their page as such: [[User:Raman]]. Try tagging me on the rape in Islamic law page, and let me know if this tag here resulted in your receiving a notification. Thanks --[[User:IbnPinker|IbnPinker]] ([[User talk:IbnPinker|talk]]) 21:25, 26 November 2020 (UTC)<br />
::No, I did not get any notification.-[[User:Raman|Raman]] ([[User talk:Raman|talk]]) 01:38, 27 November 2020 (UTC)<br />
:::Alright, in that case you can only cause someone to receive a notification by posting on their talk page. I will look in to getting a feature added to the site that will result in users being notified any time they are "tagged" (their page linked-to, that is). Let me know if you need anything else.--[[User:IbnPinker|IbnPinker]] ([[User talk:IbnPinker|talk]]) 02:32, 27 November 2020 (UTC)<br />
::::I have made some edits to the [[Rape in Islamic Law]], [[Kafir (Infidel)]] and [[Zina]] articles, please check if they are acceptable. Thanks &mdash;[[User:Raman|Raman]] ([[User talk:Raman|talk]]) 14:15, 27 November 2020 (UTC)<br />
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Hi, I saw your comment about a citation needed template. I made a simple one upon request a while back. https://wikiislam.net/wiki/Template:Citation_Needed It just adds the superscript tag, but if necessary it could at some point be enhanced with things like a link to the template / the relevant policy page, adding the page to a category like https://wikiislam.net/wiki/Category:Citations_Needed, adding an auto date and comment feature for the tooltip like on the wikipedia version. Alternatively, maybe the wikipedia one and its dependancies can be imported somehow.[[User:Lightyears|Lightyears]] ([[User talk:Lightyears|talk]]) 19:56, 27 November 2020 (UTC)<br />
:Wonderful, thank you. I will contact exmoose and see if those features can be added. --[[User:IbnPinker|IbnPinker]] ([[User talk:IbnPinker|talk]]) 20:57, 27 November 2020 (UTC)<br />
::I have copied some matter from the Wikipedia article on Zina to the WikiIslam article on [[Zina]], please check if it is acceptable. Thanks.&mdash;[[User:Raman|Raman]] ([[User talk:Raman|talk]]) 21:13, 27 November 2020 (UTC)<br />
:::I will take a look Raman. For future reference, start a new "thread" on a talk page if introducing a new topic (your comment is not related to the discussion with Lightyears above). Also, all your edits appear on the [[Special:RecentChanges|Recent Edits Page]] (you don't have to notify anybody to get your edits approved - all the editors can see them on this page and they will be reviewed by an editor as time permits).--[[User:IbnPinker|IbnPinker]] ([[User talk:IbnPinker|talk]]) 21:21, 27 November 2020 (UTC)<br />
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Hi there if it possible please reintroduce https://wikiislam.net/wiki/Qur%27an,_Hadith_and_Scholars#Main_Page to the main page. Thanks. Sauron<br />
: Will work on getting this done, thanks for the suggestion. [[User:IbnPinker|IbnPinker]] ([[User talk:IbnPinker|talk]]) 21:47, 29 January 2021 (UTC)<br />
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==Reversions==<br />
Hi, IbnPinker. [[User:Lightyears|Lightyears]] reverted my edits and wrote a note [[User_talk:Raman#Please never edit quotes with your own words|here.]]<br />
:He should have edited it to make it conform to the rules here but he reverted it instead. I feel someone more experienced should look at those sentences and edit them to be acceptable here on WikiIslam. Please check the sentences that he removed and add them back to both the articles he has mentioned. Thanks!-[[User:Raman|Raman]] ([[User talk:Raman|talk]]) 10:45, 2 December 2020 (UTC)<br />
== Wikiquote ==<br />
The wikiquote article on [https://en.m.wikiquote.org/wiki/Kafir Kafir] has many quotations from the Qur'an. Please copy the verses from the Qur'an and add it to our article also.-[[User:Raman|Raman]] ([[User talk:Raman|talk]]) 08:47, 8 January 2021 (UTC)<br />
:This is a good idea. It may make more sense to post about it on the talk page for [[Kafir (Infidel)]] and/or to add it as a suggestion on [https://wikiislam.net/wiki/WikiIslam:Tasks#Fleshing_Out|the tasks page in the "fleshing out" section]. Check out [https://wikiislam.net/wiki/WikiIslam:Frequently_Asked_Questions#Can_someone_do_XYZ_or_create.2Fedit_an_article_for_me.3F| this FAQ] as a general rule of thumb, by the way. [[User:IbnPinker|IbnPinker]] ([[User talk:IbnPinker|talk]]) 18:22, 8 January 2021 (UTC)<br />
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==Wife beating==<br />
Hi, in the wife beating article I originally added the part about Sunnah.com sanitizing the Dar-us-Salam translation after learning that the words on Sunnah had suddenly changed to "He gave me a nudge on my chest which I felt". I then checked the Dar-us-Salam edition which is their source translation (Kalamullah.com has the Dar-us-Salam hadith books as pdf scans) and confirmed that they had what Sunnah had used originally before the change: "He struck me on the chest which caused me pain". I just wanted to check whether you had found otherwise? If not, I can change back the explanation. In other words, it's a question of who did the sanitizing - Sunnah or their translation source, D-u-S. As far as I know Dar-us-Salam never changed their translation.<br />
:Great catch, my mistake for missing the nuance there. I corrected it to fit the facts you provided. See what you think. Is the translation in the quotebox then taken from the dar-us-salam text or is it a translation by you/another editor. If it is from the original text, then that should also be mentioned in the article. I'm rewriting parts of the page atm to be more neutral/encyclopedic so maybe wait till tomorrow to make any changes or just lmk what else might need to be corrected and I can make the edit to save you time if that helps. [[User:IbnPinker|IbnPinker]] ([[User talk:IbnPinker|talk]]) 00:04, 6 March 2021 (UTC)<br />
::Thanks, that looks great. Yes, the translation in the box has the English sentence as found in the D-u-S text (and orginally Sunnah had the same). I just tweaked it slightly to make clear that the English shown here is the original translation, no attempt by us to translate.[[User:Lightyears|Lightyears]] ([[User talk:Lightyears|talk]]) 00:25, 6 March 2021 (UTC)<br />
:::Splendid. [[User:IbnPinker|IbnPinker]] ([[User talk:IbnPinker|talk]]) 00:28, 6 March 2021 (UTC)<br />
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== Recent changes ==<br />
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Hi Ibnpinker,<br />
<br />
as for the tasks page, I removed the tasks I put because I believe they are complicated topics to cover and it would be better to focus on the simpler issues<br />
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as for the mutah marriage, yes it seems I used uncredible info and there is a dispute to the authenticity of the narrations in this issue<br />
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as for the dhimmah page, i found out that the pact of umar has its own article on the wiki so no need to duplicate.<br />
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thanks<br />
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:Hey, thanks for following up. As for the tasks, you are correct - the pages you removed are of lesser priority. Thus, I have split the 'pages for creation' section into 'higher' and 'lower' priority and move those four suggested pages to the latter category. Regarding mutah marriage, could you instead qualify the language to indicate what is and what is not controversial? If it is all controversial but the existing text does represent one viewpoint, then you can edit the text to say something like 'while the specifics are debated, some hold that... and others disagree', or something to that effect - even better if you can provide sources on which party espouses a given view point. But so long as the text provided represents one legitimate view point, it can be made useful through qualification. Deletion seems counter productive. Finally, I think the Dhimma page would ultimately require a brief section on the pact of umar (without repeating the entire page) since summarizing other articles under related topics is a standard wiki practice (hence the 'main page' template seen used frequently [https://wikiislam.net/index.php?title=Women_in_Islamic_Law&stable=1 here], for instance). What do you think? [[User:IbnPinker|IbnPinker]] ([[User talk:IbnPinker|talk]]) 20:11, 23 March 2021 (UTC)<br />
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::hi ibnpinker. In light of the revamp wikislam is undergoing, i think it would be wiser if we keep the tasks page concise and including only the utmost imp topics hence why I removed them. As for the mutah marriage, I have revised the info i wrote and found it to be not accurate enough to represent the issue and a bit uncredible, hence why i removed it. I have taken screenshots of the data I wrote to further my research and rewrite this section with more credible info. btw do we have people who speak arabic on our team? i could use some help for an upcoming article idea. Thanks!<br />
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:::You make fair points. I removed the four somewhat obscure topics from the tasks page and accepted your edit to the women in islamic law page. if you intend on replacing that misleading info, please do be sure to getting around to replacing it at some point. Asmith and myself both know Arabic and can help if needed. Working with other editors would be better however since Asmith and I are busy with other work including setting up the Arabic wikiislam. Asmith is working on getting you access to our discord chat where you'll be able to talk with the other Arabic speaking editors. Hold tight till he can get you that, sorry for the delays - we are working on setting up additional security procedures atm. [[User:IbnPinker|IbnPinker]] ([[User talk:IbnPinker|talk]]) 18:00, 25 March 2021 (UTC)<br />
== Accepting edits ==<br />
Hi, I added a sentence to the [[Rape in Islamic Law]] and [[Taliban]] articles.<br />
Please approve it if you find it acceptable.-[[User:Raman|Raman]] ([[User talk:Raman|talk]]) 00:50, 10 October 2021 (UTC)<br />
: Edit approved. [[User:IbnPinker|IbnPinker]] ([[User talk:IbnPinker|talk]]) 02:01, 14 October 2021 (UTC)<br />
::Thanks. I added another couple of sentences to the [[Rape in Islamic Law]] and [[Qur'an, Hadith and Scholars:Muhammad and Booty]] articles. Please approve it if you find it acceptable.-[[User:Raman|Raman]] ([[User talk:Raman|talk]]) 18:15, 16 October 2021 (UTC)<br />
<br />
Hi, just letting you know about a discussion on the talk page of [[The_Quran_and_Mountains]] as you did some work on that recently and may wish to integrate some of the new edits[[User:Lightyears|Lightyears]] ([[User talk:Lightyears|talk]]) 03:22, 19 October 2021 (UTC)<br />
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Please accept my edits at [[Slavery_in_Islamic_Law]]. Thanks!-[[User:Raman|Raman]] ([[User talk:Raman|talk]]) 15:41, 2 November 2021 (UTC)<br />
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Please accept my edits to the [[Zakat (Tax)]] article if you find it acceptable.-[[User:Mushrik|Mushrik]] ([[User talk:Mushrik|talk]]) 17:18, 30 November 2021 (UTC)<br />
:Please accept my edits to the [[Jihad in Islamic Law]] article if you find it acceptable.-[[User:Mushrik|Mushrik]] ([[User talk:Mushrik|talk]]) 22:38, 1 December 2021 (UTC)<br />
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Please accept my edits to the <br />
[[Rape in Islamic Law]] article if you find it acceptable.-[[User:Mushrik|Mushrik]] ([[User talk:Mushrik|talk]]) 03:02, 4 December 2021 (UTC)<br />
:Please accept my edits to the [[Rape in Islamic Law]] and [[Islam]] articles if you find it acceptable.-[[User:Mushrik|Mushrik]] ([[User talk:Mushrik|talk]]) 18:48, 10 December 2021 (UTC)</div>IbnPinkerhttps://wikiislam.net/index.php?title=Child_Marriage_in_the_Qur%27an&diff=134330Child Marriage in the Qur'an2022-01-10T20:36:44Z<p>IbnPinker: /* Abu-Hayyan */</p>
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The subject of child marriage per se never arises in the Qur'an. Yet the Qur'an deals indirectly with the topic. The subject of the [['Iddah]] or "(waiting) period" of a woman is dealt with frequently in the Qu'ran. Summarized briefly, the Qur'an lays down strict rules (based largely on the women's menstruation cycles or lack thereof) for how long a woman must wait in between the end of one marriage and the beginning of another, and the purpose in the pre-modern, patriarchal societies in which the [[Shari'ah]] was codified was to ensure that a woman would not marry a new man while pregnant from her last husband and impute fathership of her baby to the wrong husband. Pursuant to these rules the Qur'an in verse 33:49 states that no [['Iddah]] is prescribed for a woman who has ''not'' had intimate contact with her husband, but goes on to stipulate an [['Iddah]] for pre-pubescent girls in verse 65:4, implying that pre-pubescent girls can be divorced, with the implication that it is possible to marry them. This has been interpreted in the orthodox Sunni Muslim tradition to mean that the[[Qur'an]] supports marrying and having sex with prepubescent girls. Despite the discomfort that this causes for modern readers, the conclusion (which is drawn explicitly in sahih hadith and tafsir traditions around this and related Qur'anic verse) seems to be that the Qur'an endorses sexual intercourse (as a part of Islamic marriage) with pre-pubescent girls. <br />
[[File:Women protesters.jpg|right|thumb|300px|March 23, 2010: Women protesters hold up copies of the Qur'an outside parliament in Sanaa while stating that a proposed law banning marriages under the age of 17 in Yemen is un-Islamic<ref>[http://www.irinnews.org/Report.aspx?ReportId=88589 YEMEN: Deep divisions over child brides] - IRIN, March 28, 2010</ref>]] <br />
==Introduction==<br />
<br />
The Qur'an has stipulated a waiting period which women must observe before they can remarry. This waiting period must be observed after they are divorced, or if their husbands have died. In the Qur'an, this is called '<nowiki/>''[[Iddah]]'' or '''Iddat'' (العدة). However, there is one exception to this requirement in Qur'an 33:49:<br />
<br />
{{Quote|{{Quran|33|49}}| {{right|<br />
ياايها الذين امنوا اذا نكحتم المؤمنات ثم طلقتموهن من قبل ان تمسوهن فمالكم عليهن من عدة تعتدونهافمتعوهن وسرحوهن سراحا جميلا<br />
}}<br />
'''Transliteration:''' ''Ya ayyuha allatheena amanoo itha nakahtumu almuminati thumma tallaqtumoohunna min qabli an tamassoohunna fama lakum AAalayhinna min AAiddatin taAAtaddoonaha famattiAAoohunna wasarrihoohunna sarahan jameelan''<br />
<br />
'''Sahih International:''' O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
<br />
From the verse above it is understood that 'Iddah (stipulated waiting period) is required if sexual contact has occurred within the marriage. If a woman is not touched by her husband, she should not have to observe any waiting period at all.<br />
<br />
After the mention of women who have not had their marriage consummated, the Qur'an goes further - discussing the women who need to observe the 'iddah, and the span of time required. We see in Qur'an 65.4: <br />
<br />
{{Quote|{{Quran|65|4}}|{{right|<br />
واللائي يئسن من المحيض من نسائكم ان ارتبتم فعدتهن ثلاثة اشهر واللائي لم يحضن واولات الاحمال اجلهن ان يضعن حملهن ومن يتق الله يجعل له من امره يسرا<br />
}} <br />
'''Transliteration:''' ''Waalla-ee ya-isna mina almaheedi min nisa-ikum ini irtabtum faAAiddatuhunna thalathatu ashhurin waalla-ee lam yahidna waolatu al-ahmali ajaluhunna an yadaAAna hamlahunna waman yattaqi Allaha yajAAal lahu min amrihi yusran''<br />
<br />
'''Sahih International:''' 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. And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease.}}<br />
<br />
Here the 'Iddah is prescribed to three categories of women:<br />
<br />
#First the phrase: “Yaisna min al-maheedhi” يئسن من المحيض which means “those women who are desperate of menses” is an indication to women who reached the stage of menstruation but do not menstruate and of those who reached menopause. Desperate of menses underlines that it concerns women who though reached the age, fail to menstruate too. Their 'Iddah period is three months.<br />
#Next comes, “Wallaee Lam yahidhna” واللائي لم يحضن which means “those who have not menstruated yet” This group of females are pre-pubescent girls who have not yet menstruated. Here the 'Iddah prescribed for them is equal to the previous group of women (ie. three months).<br />
#Lastly, the women who are pregnant - their prescribed 'iddah is until they have given birth.<br />
<br />
==Linguistic Analysis of Verse in Arabic==<br />
<br />
The Qur'an says in Arabic:<br />
<br />
{{Quote|1=[http://quran.al-islam.com/Tafseer/DispTafsser.asp?l=arb&taf=GALALEEN&nType=1&nSora=65&nAya=4 Quran 65:4]<BR>Tafsir from al-Islam.com<br />
|2= {{right|<br />
واللائي لم يحضن فعدتهن ثلاثة أشهر <br />
}}<br />
<br />
"and those who never had menses" (because they are underage)}} <br />
<br />
The transliteration of the verse and the meaning of each portion of the verse is given below:<br />
<br />
''واللائي لم يحضن" فعدتهن ثلاثة أشهر'' <br />
<br />
''Wa Al-Lā'ī Lam Yaĥiđna'' <br />
<br />
''wa'' ( <font size="4">وَ</font> ) = and<br />
<br />
''Al-Lā'ī'' ( <font size="4">وَاللَّائِي</font> ) = for those who<br />
<br />
''Lam'' ( <font size="4">لَمْ </font>) = did not (negation in past tense) <ref name="EB">Elabbas Benmamoun, Arabic morphology: The central role of the imperfective, Lingua 108 (1999) 175-201</ref> <br />
<br />
''Yaĥiđna'' ( <font size="4">يَحِضْنَ</font> ) = menstruate. <br />
<br />
''Yaĥiđna'' comes from the verbal root H-Y-D ( <font size="4">حيض</font> ) which means "to menstruate". <br />
<br />
The addition of prefix "Ya" and suffix "na" to the root "HYD" shows that the word is used in used in third person, feminine gender, plural, imperfective aspect, jussive mood.<ref>[[w:Arabic grammar|Arabic grammar]] - Wikipedia</ref><br />
<br />
The imperfective aspect, according to traditional understanding of classical Arabic grammar, by itself lacks any tense feature (as is true of other classical Semetic languages such as Hebrew). <ref name="EB" /> The tensed negatives like ''lam'' ( <font size="3">لَمْ </font> ) (negation in past tense), ''lan'' ( <font size="3">لن</font> ) (negation in future tense), ''laa'' ( لا) (negation in present tense) combined with imperfective (in different moods) decide the tense in the case of a negative sentence. <br />
<br />
Thus ''lam Yadrus لم يدرس'' = He did not study. The verb is in the imperfect tense, but the partical lam لم conveys a meaning of a simple, negated past. <br />
<br />
In the verse 65:4, '''''Lam Yaĥiđna'' لم يحضن= 'those who did not menstruate'.''' The meaning here is that the females being referred to have not, yet, menstruated, ie they are pre-pubescent. <br />
<br />
The imperfective verb in the with the negation particle ''lam'' ( <font size="3">لَمْ </font> ) (indicating a past-tense meaning) is in the [[w:Grammatical mood#Jussive|Jussive]] mood(يعني المضارع المجزوم). <ref name="EB" /> <br />
<br />
{{Quote||'''The mood is similar to the cohortative mood, in that it expresses plea, insistence, imploring, self-encouragement, wish, desire, intent, command, purpose or consequence.''' In some languages, the two are distinguished in that cohortative occurs in the first person and the jussive in the second or third. It is found in Arabic, where it is called the مجزوم, majzum. The rules governing the jussive in Arabic are somewhat complex. <ref>[[w:Grammatical mood#Jussive|Jussive]] - Wikipedia</ref>|}} <br />
<br />
Supporting these meanings, from Lane's lexicon, ''Lam'' ({{arabic|لم }}) means 'not':<br />
<br />
{{Quote|1=Lane's Lexicon for ''Lam''|2=Lam = ل<br />
<br />lam = Negative particle giving to the present the sense of the perfect; not.<ref>[http://www.studyquran.co.uk/13_LAM.htm Lam = ل] - StudyQuran</ref>}}<br />
<br />
From the Lexicon, Arabic word for Menstruate is 'Haid' ({{arabic|حيض}}):<br />
{{Quote|1= Lane's Lexicon for ''Haa''|2=Ha-Ya-Dad (Ha-Alif-Dad) = To have her courses, menstruate; Her blood flowed from her womb, to attain the age of menstruation, to make a thing flow.<br />
<br />
hada vb. (1) impf. act. 65:4<br />
<br />
mahid n.m. 2:222<br /><br />
Lane's Lexicon, Volume 2, page: 322, 323<ref>[http://www.studyquran.co.uk/9_HAA.htm ح = Ha] - StudyQuran</ref>}}<br />
<br />
It thus follows that 65:4 is describing the state of women have not yet menstruated, which would logically include children or girls before puberty or attainment of [[w:menarche|menarche]] (first period). This implication, as seen below, was also drawn by the majors [[tafsir|tafsirs]]. <br />
<br />
The exact translation of this portion of {{Quran|65|4}} is thus ''"Not menstruated yet"'' ( <font size="4">لَمْ يَحِضْنَ</font> ). In Arabic, the menstruation process is called HaiD( <font size="4">حيض</font> ), and the verb for "to menstruate" is yaHiD( <font size="4">يَحِض</font> ), with the noun likely being derivative of the verb (as with most but not all derivations in Arabic). The LAM ( <font size="4">لَمْ </font> )clearly shows that the verb refers to women who menstruated, and the na ( <font size="4">نَ</font> ) at the end of the verb drives home the point that this verb speaks of women. “Not menstruated yet” or some similar translation is the only acceptable English translation.<br />
<br />
This verse 65:4 is read by the tafsirs as a continuation of Qur'an 33:49. A question that naturally arises from these verses, and which was more or less answered by the mufassiruun, is 'if a woman who has not had sex should not have to observe any Iddah at all, as mentioned in 33:49, what is the reason for the prescribed 'Iddah for those women who have not yet menstruated?' The seems to be that marrying pre-pubescent girls and having sex with them is sanctioned by the Qur'an.<br />
<br />
The phrase found in Qur'an 65:4 as "wallaee lam yaHiDhna" واللائي لم يحضن is sometimes mistranslated by [[apologists]] by apologists to mask the fact that pre-pubescent girls are normally understood as the intended meaning here; the exact meaning of the phrase is clearly understood this way in the [[Tafsir]]<nowiki/>s.<br />
<br />
==Tafsirs of the Verse==<br />
<br />
The classical tafsirs are unanimous that this verse prescribes the 'iddah for a pre-pubscent woman. Although not spelled out explicitly in the verse itself, this meaning is clearly the one that was taken away by the orthodox Sunni muslim exegetical tradition. <br />
<br />
===Sayyid Abul Ala Maududi===<br />
<br />
{{quote |1=[http://www.islamicstudies.info/tafheem.php?sura=65 Commentary on Qur'an Chapter 65:4]<BR>Sayyid Abul Ala Maududi, Tafhim al-Qur'an|2= Here, one should bear in mind the fact that according to the explanations given in the Quran 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 Quran has held as permissible.}}<br />
<br />
Note here what Maududi mentions on giving pre-pubescent girls in marriage and consummating the marriage with them. The interpreter affirms it is permitted by the Qur'an and no Muslims can question or forbid it.<br />
<br />
===Shaykh Muhammad ibn ‘Uthaymeen===<br />
<br />
{{quote |Shaykh Muhammad ibn ‘Uthaymeen, Majmoo’at As’ilah tahumm al-Usrah al-Muslimah, p. 61-63|Surah al-Talaaq 65:4: <br />
If a woman does not menstruate, either because she is very young or old and past menopause, then her ‘iddah is three months, because Allaah says (interpretation of the meaning): “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.<ref>[http://www.islamqa.com/index.php?ln=eng&ds=qa&QR=12667 The ‘iddah of a woman divorced by talaaq] - Islam Q&A, Fatwa No. 12667</ref>}}<br />
<br />
The reason for bringing two more recent scholars is to show that ''nothing has changed'' in the Islamic tenets on marrying and having sex with pre-pubescent girls, even in this modern era.<br />
<br />
==='Ibn Kathir===<br />
<br />
{{quote |1=[http://www.tafsir.com/default.asp?sid=65&tid=54196 The `Iddah of Those in Menopause and Those Who do not have Menses (Qur'an 65:4)]<BR>Tafsir Ibn Kathir |2= 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 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.}}<br />
<br />
===Al-Jalalayn===<br />
<br />
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir al-Jalalayn|2= 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.}}<br />
<br />
===Ibn Abbas===<br />
<br />
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir Ibn Abbas|2= (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.}} <br />
<br />
===Al-Wahidi===<br />
<br />
{{quote |1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Al-Wahidi, Asbab al-nuzul|2= (And for such of your women as despair of menstruation…) [65:4]. Said Muqatil: “When the verse (Women who are divorced shall wait, keeping themselves apart…), Kallad ibn al-Nu‘man ibn Qays al-Ansari said: ‘O Messenger of Allah, '''what is the waiting period of the woman who does not menstruate and the woman who has not menstruated yet?''' And what is the waiting period of the pregnant woman?’ '''And so Allah, exalted is He, revealed this verse”.''' Abu Ishaq al-Muqri’ informed us> Muhammad ibn ‘Abd Allah ibn Hamdun> Makki ibn ‘Abdan> Abu’l-Azhar> Asbat ibn Muhammad> Mutarrif> Abu ‘Uthman ‘Amr ibn Salim who said: “When the waiting period for divorced and widowed women was mentioned in Surah al-Baqarah, Ubayy ibn Ka‘b said: ‘O Messenger of Allah, some women of Medina are saying: there are other women who have not been mentioned!’ He asked him: ‘And who are they?’ He said: '''Those who are too young [such that they have not started menstruating yet]''', those who are too old [whose menstruation has stopped] and those who are pregnant’. And so this verse (And for such of your women as despair of menstruation…) was revealed”.}}<br />
<br />
===Al-Tabari===<br />
<br />
{{Quote|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.'''}}<br />
<br />
===Al-Zamakhshari===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=2&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Al-Zamakhshari, Al-Kashshaaf|2= {{right|<br />
روي أن ناساً قالوا: قد عرفنا عدة ذوات الأقراء، فما عدة اللائي لا يحضن؛ فنزلت: فمعنى إِنِ ٱرْتَبْتُمْ }: إن أشكل عليكم حكمهن وجهلتم كيف يعتددن فهذا حكمهنّ، وقيل: إن ارتبتم في ذم البالغات مبلغ اليأس وقد قدروه بستين سنة وبخمس وخمسين، أهو دم حيض أو استحاضة؟ { فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ } وإذا كانت هذه عدة المرتاب بها، فغير المرتاب بها أولى بذلك '''{ وَٱلَّٰۤئى لَمْ يَحِضْنَ }''' هن الصغائر''' }}<br />
<br />
It is said that people said: we have known the period of the literate people, what is the waiting period of those who do not menstruate; it was revealed its meaning that "if you doubted", ie if the correct judgement is not clear and you do not know how to reckon their 'iddah this is to be the correct judgement. And it is said: if you doubted regarding the women who have despaired of further menstruation (and they estimate this to be 60 or 55 years of age) and they see more blood, is it menstruation or spotting? (Quoting the Qur'an) "Their waiting period is 3 months." And if this is the waiting period for those regarding whom there is doubt, then for those regarding whom there is no doubt, (quoting the Qur'an) "and for those how have not menstruated yet", these are the small female children. }}<br />
<br />
The bold text means “Those who have not menstruated” are young girls.<br />
<br />
===Tabrasi===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=3&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=7&Size=1&LanguageId=1 Qur'an 65:4]<BR>Tabrasi|2= {{right|{واللآئي لم يحضن}<br />
<br />
تقديره واللآئي لم يحضن إن ارتبتم فعدتهن أيضاً ثلاثة أشهر وحذف دلالة الكلام الأول عليه وهن اللواتي '''لم يبلغن''' المحيض ومثلهن تحيض على ما مرَّ بيانه.}}<br />
<br />
"And those who have not yet menstruated" ie for those who have not yet menstruated, if you doubted, their waiting period is three months, negating the reference to the previous verse, these are those women who have not yet reached the age of menstruation and those like them who's menstruation escapes observation. }}<br />
<br />
The bold text translates as “They are those who haven’t reached the age of menstruation”. Tabrasi comments on the phrase “Wallaee Lam yahidhna” = “Those who have not menstruated yet” in the verse.<br />
<br />
===Al-Shawkani===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=9&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=3&Size=1&LanguageId=1 Qur'an 65:4]<BR>Al-Shoukani, Fath al-Qadir|2= {{right|<br />
{ فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ '''وَٱللاَّئِى لَمْ يَحِضْنَ } لصغرهن، وعدم بلوغهن سن المحيض،''' أي: فعدتهن ثلاثة أشهر }}<br />
<br />
Due to their youth, and their lack of reaching the age of menstruation (i.e. puberty), i.e. their waiting period is 3 months, (quoting the Qur'an) "their waiting period is 3 month and [the same is the case for] those who have not menstruated yet"). }}<br />
<br />
The bold part translated as: “Those who have not menstruated yet” are young girls who have not reached the age of menstruation.<br />
<br />
===Abu-Hayyan===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=19&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Abu-Hayyan|2= {{right|{واللائي لم يحضن }<br><br />
،فالعدة هذه، فتلخص في قوله: { إن ارتبتم } قولان: أحدهما، أنه على ظاهر مفهوم اللغة فيه، وهو حصول الشك؛ والآخر، أن معناه التيقن للإياس؛ والقول الأول معناه: إن ارتبتم في دمها، أهو دم حيض أو دم علة؟ أو إن ارتبتم في علوق بحمل أم لا؛ أو إن ارتبتم: أي جهلتم عدتهن، أقوال. والظاهر أن قوله: واللائي { '''لم يحضن''' } يشمل من لم يحض لصغر، }}<br />
<br />
As for the waiting period, it is summed up in its saying (quoting the Qur'an) "if you doubted" there are two sayings: one of them, which appears exceedingly understandable, 'this is in the case of doubt'; and the other, whose meaning is 'those who have certainly reached to the point of despair [menopause].' The meaning of the first: if you doubted her blood, is it menstrual blood or caused by an illness or health irregularity? Or perhaps if you suspect a calamity (miscarriage) has happened or not? Or if you doubed: i.e. if you don't know of their waiting period. And this much is clear: Those "who have not yet menstruated" includes those who have not menstruated due to their young age. }}<br />
<br />
The bold: “Those who have not menstruated yet” denotes those not menstruated because of being young.<br />
<br />
==Evidence from the Hadith==<br />
<br />
From Imam Bukhari in his book of Tafsir and hadith collections:<br />
<br />
{{Quote|[http://bewley.virtualave.net/bukhari33.html Sahih Al-Bukhari, Chapter 68: Book of Tafsir]|'''CCCLXXXIV: The Tafsir of Surat at-Talaq'''<BR><BR>Mujahid said that "if you have any doubt" (65:4) means if you do not know whether she menstruates or not. Those who do not longer menstruate and '''those who have not yet menstruated, their 'idda is three months'''.}}<br />
<br />
{{Quote|{{cite web quotebox|url= http://archive.org/download/SahihAl-bukhari9Vol.Set/SahihAl-bukhariVol.7-Ahadith5063-5969.pdf|title= The Translation of the Meanings of Sahih Al-Bukhari|publisher= Dar-us-Salam Publications|isbn= 9960-717-38-0|author= Al-Bukhari (au.), Muhammad M. Khan (tr.)|date= June 1, 1997|series=vol. 7, book 67, ch. 39|page= 57|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Farchive.org%2Fdownload%2FSahihAl-bukhari9Vol.Set%2FSahihAl-bukhariVol.7-Ahadith5063-5969.pdf&date=2013-08-13|deadurl=no}}|'''(39) CHAPTER. Giving one's young children in marriage (is permissible).''' <br />
<br />
By virtue of the Statement of Allah : "...and for those who have no (monthly) <br />
courses (i.e. they are still immature).. (V.65:4) And the 'Idda for the girl before puberty is <br />
three months (in the above Verse). <br />
<br />
'''5133.''' Narrated 'Aishah; that the Prophet wrote the marriage contract with 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).}}<br />
<br />
From Sahih Muslim:<br />
<br />
{{Quote|Capter heading for {{Muslim|8|3309}} to {{Muslim|8|3311}}|Chapter 10: It is permissible for the father to give the hand of his daughter in marriage '''even when she is not fully grown''' up.}}<br />
<br />
The following Muwatta hadith shows it's permissible to marry girls who have not reached puberty:<br />
<br />
{{quote|{{Muwatta|29|33|108|}}|<br />
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."<br />
<br />
'''Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies." '''<br />
<br />
Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.''<br />
<br />
Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."}}<br />
<br />
The following is from Fath al-Bari, the most authoritative commentary on Sahih Al-Bukhari:<br />
<br />
{{Quote|1=|2= {{right|<br />
واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ ) أي فدل على أن نكاحها قبل البلوغ جائز <br />
}}<br />
<br />
"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."<ref>[http://hadith.al-islam.com/display/Display.asp?Doc=0&Rec=7644 Al-Islam (Arabic text)]</ref><ref>[http://www.islamweb.net/newlibrary/display_book.php?idfrom=9381&idto=9382&bk_no=52&ID=2847 IslamWeb (Arabic text)]</ref>}}<br />
<br />
==Recent Fatwas==<br />
<br />
IslamOnline.net is one of the most popular Islamic fatwa sites on the internet. The following excerpt is taken from a December 2010 fatwa.<br />
<br />
{{Quote|1=[http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamonline.net%2Far%2FIOLCounsel_C%2F1278406761316%2F1278406720653%2F%D9%87%D9%84-%D9%8A%D8%AC%D9%88%D8%B2-%D8%AA%D8%AD%D8%AF%D9%8A%D8%AF-%D8%B3%D9%86-%D8%B2%D9%88%D8%A7%D8%AC-%D9%84%D9%84%D9%81%D8%AA%D9%8A%D8%A7%D8%AA%D8%9F-&date=2011-02-03 Is it permissible to restrict the age at which girls can marry?]<BR>Submitted by Ahmad, IslamOnline, December 24, 2010|2=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.}}<br />
<br />
{{Quote|1=[http://www.webcitation.org/61C5nBLpe <!-- original URL http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=88089 -->Child marriage in Islam]<BR>Islamweb, Fatwa No. 88089, June 24, 2004|2='''Getting married at an early age is something that is confirmed by the book of Allah''', the Sunnah of his Prophet (Sallallahu Alaihi wa Sallam), the consensus of the scholars and the actions of the companions, and the Muslims who came after them. <br />
<br />
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. <br />
<br />
The evidence from the Qur'an is: <br />
<br />
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)<br />
<br />
So, '''Allah set rulings of marriage, divorce and waiting period for the women who have not yet had menses, i.e. the young girls'''.<br />
<br />
The Iddah (waiting period) does not take place except after marriage.}}<br />
<br />
==Modern Views and Perspectives on the Meaning of Qur'an 65:4==<br />
<br />
===The Qur'an prohibits marriage to pre-pubescent females===<br />
<br />
Some Modern [[dawah|du'aah]] who decry the traditional sources as endorsing pedophilia often take issue with the interpretation of the wording of Qur'an 65:4 in these source. They see the verse as limited to women of current-day adulthood and not pre-pubescent women (again taking as a starting point modern modes of understanding "adulthood" for women.<ref>{{Cite web| title = Does verse 65:4 encourage child marriage?| author = Abu Amina Elias AKA Justin Parrott| work = Faith in Allah الإيمان بالله "Any practice that causes harm to children is unlawful in Islam."| date = | access-date = 6 January 2022| url = https://www.abuaminaelias.com/verse-65-4-child-marriage/| quote = }}</ref>. Qur'an 4:6 is often leveraged as part of this argument:<br />
<br />
{{quote|{{Qtt|4|6}}|<br />
{{right|وابتلوا اليتامى حتى اذا بلغوا النكاح فان انستم منهم رشدا فادفعوا اليهم اموالهم ولاتاكلوها اسرافا وبدارا ان يكبروا ومن كان غنيا فليستعفف ومن كان فقيرا فلياكل بالمعروف فاذا دفعتم اليهم اموالهم فاشهدوا عليهم وكفى بالله حسيبا<br />
}}<br />
<br />
'''Transliteration:''' Waibtaloo alyatama hatta itha balaghoo aln'''nikaha''' fa-in anastum minhum rushdan faidfaAAoo ilayhim amwalahum wala ta/kulooha israfan wabidaran an yakbaroo waman kana ghaniyyan falyastaAAfif waman kana faqeeran falya/kul bialmaAAroofi fa-itha dafaAAtum ilayhim amwalahum faashhidoo AAalayhim wakafa biAllahi haseeban<br />
<br />
'''Yusuf Ali:''' Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is Allah in taking account. <br />
<br />
'''Pickthal:''' Prove orphans till they reach the marriageable age; then, if ye find them of sound judgment, deliver over unto them their fortune; and devour it not by squandering and in haste lest they should grow up Whoso (of the guardians) is rich, let him abstain generously (from taking of the property of orphans); and whoso is poor let him take thereof in reason (for his guardianship). And when ye deliver up their fortune unto orphans, have (the transaction) witnessed in their presence. Allah sufficeth as a Reckoner.<br />
<br />
'''Shakir:''' And test the orphans until they attain puberty; then if you find in them maturity of intellect, make over to them their property, and do not consume it extravagantly and hastily, lest they attain to full age; and whoever is rich, let him abstain altogether, and whoever is poor, let him eat reasonably; then when you make over to them their property, call witnesses in their presence; and Allah is enough as a Reckoner.}}<br />
<br />
The word [[Nikah]] can have multiple understandings:<br />
<br />
#According to the Islamic Shar'iah, "Nikah" is a technical term, whose Shar'i (Islamic legal) meaning is "the consumation of a marriage through vaginal intercourse" and in many Islamic languages and cultures, such as Urdu speaking Muslims in South Asia, this by extension merely means "(Islamic) marriage." In Arabic, though , ''Zuwaaj'' زواج<ref>[http://www.studyquran.co.uk/28_ZAY.htm Lane's Lexicon - Zay-Waw-Jiim]</ref> is the specific word for just "marriage" (although the contract of marriage which both parties sign is called "'aqd an-nikaah" عقد النكاح), but the Qur'an uses both words in reference to marrying women; Nikaah for human females and Zuwaaj for the Houris.<br />
#The underlying, literal meaning of "Nikaah" in Arabic language is vaginal, "[[Nikah (Sexual Consummation of Marriage)|Sexual Intercourse]]"<br />
<br />
Few Modern du'aah use this word "Nikaah" in this verse to mean "marriage" (i.e. till they (the orphans) reach the age of marriage). Their argument is that this verse links the age of "Nikaah" with "becoming sound in Judgement to take care of the property", and thus a child's Nikaah is impossible while a child does not have the sound judgement to take care of his/her property. <br />
<br />
But contrary to these modern Islamic advocates, the traditional view of Muslim 'ulamaa' of the last 1400 years was that word "Nikaah" had been used in it's literal meaning here (i.e. reaching the age where they are able to do the sexual intercourse). And their arguments are as follows:<br />
<br />
Firstly, this verse is talking about the "male orphans" and not about the "female orphans". It becomes evident from the Arabic word بَلَغُوا (balaghū) in this verse, and the Arabic grammar used in it is (3rd person '''masculine''' plural perfect verb). This Arabic grammar could be seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=4&verse=6 Corpus Quran Website]. <br />
<br />
Thus the exact translation of this verse becomes: "''And test the ('''male''') orphans until they reach the age of (doing) the '''sexual intercourse (i.e. Nikah)'''. Then if you perceive in them sound judgement, release their property to them ...''."<br />
<br />
Secondly, it becomes even more evident from another verse of Quran 17:34:<br />
<br />
{{Quote|{{Quran|17|34}}|وَلَا تَقْرَبُوا۟ مَالَ ٱلْيَتِيمِ إِلَّا بِٱلَّتِى هِىَ أَحْسَنُ حَتَّىٰ يَبْلُغَ '''أَشُدَّهُۥ''' ۚ </br><br />
Come not nigh to the orphan's property except to improve it, until he attains the age of '''full strength'''}}<br />
<br />
The word أَشُدَّهُ (full strength) in this verse means the age when a young boy starts feeling the desire/strength of doing sexual intercourse. <br />
<br />
And the Arabic grammar in the word يَبْلُغَ in this verse is '''"3rd person masculine singular imperfect verb"''', which again points out that this verse is talking about the "male orphans" only. This Arabic grammar could be again seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=17&verse=34 Corpus Quran Website].<br />
<br />
It should be noted that:<br />
<br />
*As far as Shari'i 'aqd an-Nikaah (marriage) is concerned, then there is no condition present in it of reaching the أَشُدَّهُ (i.e. Strength to do the intercourse).<br />
*And the proof is that Muhammad himself did the Shari'i Nikah with 'Aisha, when she was only 6 years old.<br />
*And no one tests a 6 years old child for handing over his/her property to him/her, as 6 years old child has neither أَشُدَّهُ (Strength/Desire) nor he/she has any kind of "sound judgement" to look after his/her property.<br />
<br />
Thus, the Shar'i Nikah has nothing to do with the أَشُدَّهُ (strength), as Muhammad did this Shar'i Nikah with 6 years 'Aisha. <br />
<br />
Actually, even at the age of 9, when 'Aisha finally came to the house of Muhammad for the consummation of marriage, still she was not mentally sound enough to look after any property or business. It is evident from the following hadith:<br />
<br />
{{Quote|{{Bukhari|||6130|darussalam}}|Narrated `Aisha:<br />
<br />
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 (ﷺ) used to enter (my dwelling place) they used to hide themselves, but the Prophet would call them to join and play with me.}}<br />
<br />
According to Islamic Sharia:<br />
<br />
*When a girl reaches puberty, then she herself gets the right to give her consent for the marriage, or to deny the marriage.<br />
*But if she is a minor or prepubescent girl, then her father/guardian could wed her to anyone even without her consent<ref>[https://islamqa.info/en/answers/12708/is-it-acceptable-to-marry-a-girl-who-has-not-yet-started-her-menses The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. Fatwa Website Islam Q&A.] </ref>.<br />
*And if she is a prepubescent and also an orphan, then her guardian has the right to wed her with himself (even without her consent), in order to get her property and the wealth.<br />
<br />
It is evident from the following hadith: <br />
<br />
{{Quote|{{Bukhari|||5064|darussalam}}|Narrated 'Urwa:<br />
<br />
that he asked `Aisha about the Statement of Allah: '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) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! '''(This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr''', and they are ordered to marry other women instead of them."}}<br />
<br />
And it is also evident from the following Quranic Verse: <br />
<br />
{{Quote|{{Quran|4|127}}|You also read them (the guardians) in the Book concerning orphaned women (in your charge) '''to whom you deny their ordained rights and yet wish to take them in marriage''', as well as in respect of helpless children, that you should be just in the matter of orphans." The good you do is known to God.}}<br />
<br />
Thus a prepubescent girl is practically at the mercy of her guardian, and he could marry her to himself, even without her consent, and even for very little Mahr price. <br />
<br />
The Tafsir's agree with this understanding of 4:6:<br />
<br />
{{quote|1=[http://tafsir.com/default.asp?sid=4&tid=10463 Giving Back the Property of the Orphans When They Reach Adulthood (Qur'an 4:6)]<BR>Tafsir Ibn Kathir|2=<br />
'''Giving Back the Property of the Orphans When They Reach Adulthood'''<br />
<br />
Allah said,<br />
{{right|<br />
[وَابْتَلُواْ الْيَتَـمَى]<br />
}}<br />
(And test orphans) meaning, test their intelligence, as Ibn `Abbas, Mujahid, Al-Hasan, As-Suddi and Muqatil bin Hayyan stated.<br />
{{right|<br />
[حَتَّى إِذَا بَلَغُواْ النِّكَاحَ]<br />
}}<br />
(until they reach the age of marriage), the age of puberty, according to Mujahid. The age of puberty according to the majority of scholars comes when the child has a wet dream. In his Sunan, Abu Dawud recorded that `Ali said, "I memorized these words from the Messenger of Allah ,<br />
{{right|<br />
«لَا يُتْمَ بَعْدَ احْتِلَامٍ، وَلَا صُمَاتَ يَوْمٍ إِلَى اللَّيْل»<br />
}}<br />
(There is no orphan after the age of puberty nor vowing to be silent throughout the day to the night.) In another Hadith, `A'ishah and other Companions said that the Prophet said,<br />
{{right|<br />
«رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ، عَنِ الصَّبِيِّ حَتَّى يَحْتَلِمَ، وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ، وَعَنِ الْمَجْنُونِ حَتَّى يُفِيق»<br />
}}<br />
s(The pen does not record the deeds of three persons: the child until the age of puberty, the sleeping person until waking up, and the senile until sane.) Or, the age of fifteen is considered the age of adolescence. In the Two Sahihs, it is recorded that Ibn `Umar said, "I was presented in front of the Prophet on the eve of the battle of Uhud, while I was fourteen years of age, and he did not allow me to take part in that battle. But I was presented in front of him on the eve of the battle of Al-Khandaq (The Trench) when I was fifteen years old, and he allowed me (to join that battle).'' `Umar bin `Abdul-`Aziz commented when this Hadith reached him, "This is the difference between a child and an adult.'' There is a difference of opinion over whether pubic hair is considered a sign of adulthood, and the correct opinion is that it is. The Sunnah supports this view, according to a Hadith collected by Imam Ahmad from `Atiyah Al-Qurazi who said, We were presented to the Prophet on the day of Qurizah, whoever had pubic hair was killed, whoever did not was left free to go, I was one of those who did not, so I was left free.'' The Four Sunan compilers also recorded similar to it. At-Tirmidhi said, "Hasan Sahih.'' Allah's statement,<br />
{{right|<br />
[فَإِنْ ءَانَسْتُمْ مِّنْهُمْ رُشْداً فَادْفَعُواْ إِلَيْهِمْ أَمْوَلَهُمْ]<br />
}}<br />
(if then you find sound judgment in them, release their property to them,) Sa`id bin Jubayr said that this portion of the Ayah means, when you find them to be good in the religion and wise with their money. Similar was reported from Ibn `Abbas, Al-Hasan Al-Basri and others among the Imams. The scholars of Fiqh stated that when the child becomes good in the religion and wise concerning with money, then the money that his caretaker was keeping for him should be surrendered to him.}}<br />
<br />
{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsir al-Jalalayn|2=<br />
{{right|<br />
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
Try, test, well the orphans, before reaching maturity with regard [the duties of] religion and [before] they can [legally] manage their own affairs, until they reach the age of marrying, that is, until they have become eligible for it through puberty or [legal] age, which, according to al-Shāfi‘ī, is the completion of fifteen years; then, if you perceive in them maturity, that is, right [judgement] in matters of religion and their property, deliver their property to them; consume it not, O guardians, wastefully, without due merit, and in haste, that is, hastening to expend it, fearing, lest they should grow up, and become mature, at which time you will be obliged to hand it over to them. If any man, who is a guardian, is rich, let him be abstinent, that is, let him abstain from the orphan’s property and refrain from consuming it; if he is poor, let him consume, of it, honourably, that is, in line with the wage for his work. And when you deliver to them, the orphans, their property, take witnesses over them, that they have received it and that you are absolved [of the obligation], so that if any dispute occurs, you are able to refer to a clear proof: this is a command [intended] for guidance. God suffices as a reckoner, as a guardian of His creatures’ deeds and as a reckoner of these [deeds] (the bā’ [in bi’Llāhi] is extra).}}<br />
<br />
{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsîr Ibn Abbas|2=<br />
{{right|<br />
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
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(Prove orphans) test the intelligence of orphans (till they reach the marriageable age) the age of puberty; (then, if ye find them of) if you see that they possess (sound judgement) righteousness in Religion and a tendency to protect their wealth, (deliver over unto them their fortune) then give their wealth which is with you; (and devour it not squandering) it in transgression and unlawfully (and in haste) in haste lest the orphan grows older and consumes it little by little (lest they should grow up) for fear that they grow older and stop you from devouring their wealth. (Whoso (of the guardians) is rich) and needs not the orphan's wealth, (let him abstain generously) because of his richness from taking of the property of orphans, nor should he diminish anything from their wealth; (and whoso is poor) and needy (let him take thereof in reason (for his guardianship)) in measure, such that he is not in need for the wealth of orphans; it is also said that this means: he should take from the wealth of orphans in proportion with the measure of his work regarding this wealth; and it is also said that this means: he can take from the wealth of orphans as a loan to be paid back. (And when ye deliver up their fortune unto orphans) when they reach the legal age, (have (the transaction) witnessed in their presence) when you deliver it to them. (Allah sufficeth as a Reckoner) Allah suffices as a witness. This verse was revealed about Thabit Ibn Rifa'ah al-Ansari.}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Al-Wahidi, Asbab Al-Nuzul|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
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(Prove orphans…) [4:6]. This was revealed about Thabit ibn Rifa‘ah and his uncle. Rifa‘ah died when his son Thabit was very young. The uncle of Thabit went to the Messenger of Allah, Allah bless him and give him peace, and said: “The son of my brother is an orphan under my care, what is lawful for me from his wealth? And when should I give him back his wealth?” And so Allah, exalted is He, revealed this verse.}}<br />
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===The Arabic word “Nisaa'” does not refer to young females===<br />
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Some defenders of the Qur'an, speaking in English, claim that the Qur'an only uses the word ''Nisaa''' to refer to mature, adult women, therefore 65:4 cannot be talking about pre-pubescent females.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = Kaleef K. Karim| work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = that the Arabic word ‘Nisa’ could also refer to ‘female children’. Let us take a look in Arabic-English dictionaries. The Arabic word ‘Nisa’ has been used 59 times in the Quran. Not once has the word ‘Nisa’ been used for a ‘child(ren)’, it has always referred to mature adult women. Dr. Rohi Baalbaki, says in Al-Mawrid: A modern Arabic-English Dictionary:}}</ref> This linguistic argument does not hold water, even just on the basis of the Qur'an itself as a text. The word merely means "women/females" and can refer to mixed groups of women of various ages, as the English "female" or "women." Here are some verses that use the word ''"nisaa'"'':<br />
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{{Quote|{{Quran|2|49}}|وَإِذْ نَجَّيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ يُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith najjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' And remember, We delivered you from the people of Pharaoh: They set you hard tasks and punishments, slaughtered your sons and let your women-folk live; therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|7|127}}|وَقَالَ ٱلْمَلَأُ مِن قَوْمِ فِرْعَوْنَ أَتَذَرُ مُوسَىٰ وَقَوْمَهُۥ لِيُفْسِدُوا۟ فِى ٱلْأَرْضِ وَيَذَرَكَ وَءَالِهَتَكَ ۚ قَالَ سَنُقَتِّلُ أَبْنَآءَهُمْ وَنَسْتَحْىِۦ نِسَآءَهُمْ وَإِنَّا فَوْقَهُمْ قَٰهِرُونَ<br />
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'''Transliteration:''' ''Waqala almalao min qawmi firawna atatharu moosa waqawmahu liyufsidoo fee alardi wayatharaka waalihataka qala sanuqattilu abnaahum wanastahyee '''Nisa'''ahum wainna fawqahum qahiroona'' <BR><BR><br />
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'''Yusuf Ali:''' Said the chiefs of Pharaoh’s people: “Wilt thou leave Moses and his people, to spread mischief in the land, and to abandon thee and thy gods?” He said: “Their male children will we slay; (only) their females will we save alive; and we have over them (power) irresistible."}}<br />
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{{Quote|{{Quran|7|141}}|وَإِذْ أَنجَيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ ۖ يُقَتِّلُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith anjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuqattiloona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' And remember we rescued you from Pharaoh’s people, who afflicted you with the worst of penalties, who slew your male children and saved alive your females: in that was a momentous trial from your Lord.}}<br />
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{{Quote|{{Quran|14|6}}|وَإِذْ قَالَ مُوسَىٰ لِقَوْمِهِ ٱذْكُرُوا۟ نِعْمَةَ ٱللَّهِ عَلَيْكُمْ إِذْ أَنجَىٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ وَيُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith qala moosa liqawmihi othkuroo niAAmata Allahi AAalaykum ith anjakum min ali firawna yasoomoonakum sooa alAAathabi wayuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' Remember! Moses said to his people: “Call to mind the favour of Allah to you when He delivered you from the people of Pharaoh: they set you hard tasks and punishments, slaughtered your sons, and let your females live: therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|40|25}}|فَلَمَّا جَآءَهُم بِٱلْحَقِّ مِنْ عِندِنَا قَالُوا۟ ٱقْتُلُوٓا۟ أَبْنَآءَ ٱلَّذِينَ ءَامَنُوا۟ مَعَهُۥ وَٱسْتَحْيُوا۟ نِسَآءَهُمْ ۚ وَمَا كَيْدُ ٱلْكَٰفِرِينَ إِلَّا فِى ضَلَٰلٍ<br />
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'''Transliteration:''' ''Falamma jaahum bialhaqqi min AAindina qaloo oqtuloo abnaa allatheena amanoo maAAahu waistahyoo '''Nisa'''ahum wama kaydu alkafireena illa fee dalalin''<BR><BR><br />
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'''Yusuf Ali:''' Now, when he came to them in Truth, from Us, they said, "Slay the sons of those who believe with him, and keep alive their females," but the plots of Unbelievers (end) in nothing but errors (and delusions)!...}}<br />
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In the above verses, the word ''"Nisaa'"'' is referring to female infants. The biblical original of this story, which the Qur'an relies upon and which commentary on the Qur'an confirms in this case, <br />
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{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:15-16;&version=49; Exodus 1:15-16]|2=<br />
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וַיֹּ֨אמֶר֙ מֶ֣לֶךְ מִצְרַ֔יִם לַֽמְיַלְּדֹ֖ת הָֽעִבְרִיֹּ֑ת אֲשֶׁ֨ר שֵׁ֤ם הָֽאַחַת֙ שִׁפְרָ֔ה וְשֵׁ֥ם הַשֵּׁנִ֖ית פּוּעָֽה:וַיֹּ֗אמֶר בְּיַלֶּדְכֶן֙ אֶת־הָ֣עִבְרִיּ֔וֹת וּרְאִיתֶ֖ן עַל־הָֽאָבְנָ֑יִם אִם־בֵּ֥ן הוּא֙ וַֽהֲמִתֶּ֣ן אֹת֔וֹ וְאִם־בַּ֥ת הִ֖וא וָחָֽיָה:<br />
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''"And the king of Egypt spoke to the Hebrew midwives, of whom the name of the one was Shiphrah, and the name of the other Puah; and he said: ‘When ye do the office of a midwife to the Hebrew women, ye shall look upon the birthstool: if it be a son, then ye shall kill him; but if it be a daughter, then she shall live.’''}}<br />
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{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:22;&version=49; Exodus 1:22]|2=<br />
כבוַיְצַ֣ו פַּרְעֹ֔ה לְכָל־עַמּ֖וֹ לֵאמֹ֑ר כָּל־הַבֵּ֣ן הַיִּלּ֗וֹד הַיְאֹ֨רָה֙ תַּשְׁלִיכֻ֔הוּ וְכָל־הַבַּ֖ת תְּחַיּֽוּן:<br />
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''And Pharaoh charged all his people, saying: ‘Every son that is born ye shall cast into the river, and every daughter ye shall save alive.''}}<br />
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Moreover the Quran itself clarifies “Who the ''Nisa'' are”. <br />
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{{Quote|{{Quran|4|127}}|{{right|<br />
ويستفتونك في النساء قل الله يفتيكم فيهن ومايتلى عليكم في الكتاب في يتامى النساء اللاتي لاتؤتونهن ماكتب لهن وترغبون ان تنكحوهن والمستضعفين من الولدان وان تقوموا لليتامى بالقسط وماتفعلوا من خير فان الله كان به عليما }}<br />
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'''Transliteration:''' ''Wayastaftoonaka fee alnnisa-i quli Allahu yufteekum feehinna wama yutla AAalaykum fee alkitabi fee yatama alnnisa-i allatee la tu/toonahunna ma kutiba lahunna watarghaboona an tankihoohunna waalmustadAAafeena mina alwildani waan taqoomoo lilyatama bialqisti wama tafAAaloo min khayrin fa-inna Allaha kana bihi AAaleeman'' <br />
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'''Literal:''' And they ask for your opinion/clarification about the women, say: "God decreed/clarifies in them (F), and what is read/recited on you in The Book in the women orphans/minors that lose their father, those who (F) you did not give them (F) what was written/dictated to them (F), and you desire that you marry them (F), and the weakened from the children/newborns, and that you take care of to the orphans/minors that lose their father with the just/equitable; and what you make/do from goodness, so that God was/is with it knowledgeable."<ref>[{{Reference archive|1=http://iknowledge.islamicnature.com/quran/surah/4/lang/englishliteral/|2=2011-11-27}} 4. An-Nisa - Women (سورة النساء) - Revealed in Madinah (English: Literal)] - IslamicNature, accessed November 27, 2011</ref>}}<br />
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Here Muhammad is asked who the "Nisaa'" were, and the response delineates who they are:<br />
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#Orphans<br />
#Female wards<br />
#Those you desire to marry<br />
#The weakened from the children or new born.<br />
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===65.4 talks only of the 'Iddah and not of sexual activity===<br />
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One point of focus for modern commentators, seeking to defend the Qur'an from the charge of endorsing pedophilia, is that 65:4 does not explicitly discuss consummation or other sexual activity in regards to any of the females discussed in the verse; it merely sets the prescribed 'Iddah required for each.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = | work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = }}</ref>The 'iddah (prescribed waiting period) for females is required after a divorce or widowing, so that a child's father can be correctly identified. In addition to multiple tafsir and hadith traditions on 65:4, this is also established in Qur'an 33:49: <br />
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{{Quote|{{Quran|33|49}}|<br />
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَٰتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا<br />
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O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
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The tafsirs further expound on the meaning of the 'iddah according to this verse:<br />
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{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=1841&Itemid=89#1 A Gift and no (Iddah) for Women Who are divorced before Consummation of the Marriage (Qur'an 33:49)]<BR>Tafsir Ibn Kathir|2= {{right|<br />
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)}}<br />
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49. O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no `Iddah have you to count in respect of them. So, give them a present, and set them free in a handsome manner.)<br />
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This Ayah contains many rulings, including the use of the word Nikah for the marriage contract alone. There is no other Ayah in the Qur'an that is clearer than this on this point. It also indicates that it is permissible to divorce a woman before consummating the marriage with her.<br />
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(الْمُؤْمِنَـتِ)<br />
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(believing women)<br />
This refers to what is usually the case, although there is no difference between a believing (Muslim) woman and a woman of the People of the Book in this regard, according to scholarly consensus. Ibn `Abbas, may Allah be pleased with him, Sa`id bin Al-Musayyib, Al-Hasan Al-Basri, `Ali bin Al-Husayn Zayn-ul-`Abidin and a group of the Salaf took this Ayah as evidence that divorce cannot occur unless it has been preceded by marriage, because Allah says,<br />
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(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
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(When you marry believing women, and then divorce them) <br />
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The marriage contract here is followed by divorce, which indicates that the divorce cannot be valid if it comes first. Ibn Abi Hatim recorded that Ibn `Abbas, may Allah be pleased with him, said, "If someone were to say, `every woman I marry will ipso facto be divorced,' this does not mean anything, because Allah says:<br />
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(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
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(O you who believe! When you marry believing women, and then divorce them....).'' It was also reported that Ibn `Abbas, may Allah be pleased with him, said: "Allah said,<br />
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(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
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(When you marry believing women, and then divorce them.) Do you not see that divorce comes after marriage'' A Hadith to the same effect was recorded from `Amr bin Shu`ayb from his father from his grandfather, who said: "The Messenger of Allah said:<br />
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«لَا طَلَاقَ لِابْنِ آدَمَ فِيمَا لَا يَمْلِك»<br />
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(There is no divorce for the son of Adam with regard to that which he does not possess.) This was recorded by Ahmad, Abu Dawud, At-Tirmidhi and Ibn Majah. At-Tirmidhi said, "This is a Hasan Hadith, and it is the best thing that has been narrated on this matter.'' It was also recorded by Ibn Majah from `Ali and Al-Miswar bin Makhramah, may Allah be pleased with them, that the Messenger of Allah said:<br />
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«لَا طَلَاقَ قَبْلَ نِكَاح»<br />
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(There is no divorce before marriage.)<br />
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(فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا)<br />
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(no `Iddah have you to count in respect of them.) This is a command on which the scholars are agreed, that if a woman is divorced before the marriage is consummated, she does not have to observe the `Iddah (prescribed period for divorce) and she may go and get married immediately to whomever she wishes. The only exception in this regard is a woman whose husband died, in which case she has to observe an `Iddah of four months and ten days even if the marriage was not consummated. This is also according to the consensus of the scholars.<br />
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(فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
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(So, give them a present, and set them free in a handsome manner.) The present here refers to something more general than half of the named dowery or a special gift that has not been named. Allah says:<br />
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(وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ)<br />
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(And if you divorce them before you have touched (had a sexual relation with) them, and you have fixed unto them their due (dowery) then pay half of that) (2:237). And Allah says:<br />
{{right|<br />
(لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ)<br />
}}<br />
(There is no sin on you, if you divorce women while yet you have not touched them, nor fixed unto them their due (dowery). But bestow on them gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.) (2:236) pIn Sahih Al-Bukhari, it was recorded that Sahl bin Sa`d and Abu Usayd, may Allah be pleased with them both, said, "The Messenger of Allah married Umaymah bint Sharahil, and when she entered upon him he reached out his hand towards her, and it was as if she did not like that, so he told Abu Usayd to give her two garments.'' `Ali bin Abi Talhah reported that Ibn `Abbas, may Allah be pleased with him, said "If the dowery had been named, she would not be entitled to more than half, but if the dowery is not been named, he should give her a gift according to his means, and this is the "handsome manner.''}}<br />
<br />
{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir al-Jalalayn|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
O you who believe if you marry believing women and then divorce them before you have touched them (read tamassūhunna or tumāsūhunna) that is, before you have copulated with them, there shall be no [waiting] period for you to reckon against them, [no] waiting period [needed to preclude pregnancy] or otherwise. But provide for them, give them what they can use for [securing] comforts, in cases where no dowry has been fixed for them; otherwise theirs is to retain half of what was fixed, but no more — this is what Ibn ‘Abbās said and it is [the opinion] followed by al-Shāfi‘ī’; and release them in a gracious manner, leave them be without [the intention to cause them any] harm.}}<br />
<br />
{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir 'Ibn Abbas|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
(O ye who believe! If ye wed believing women) without naming the amount of their dowry (and divorce them before ye have touched them) before you had sexual intercourse with them, (then there is no period that ye should reckon) by counting the months or the periods of menstruation. (But content them) as is due by divorce by giving them at least a scarf or shawl (and release them handsomely) divorce them without any harm done to them.}}<br />
<br />
This verse effectively removes the apologist's objection to Qur'an 65.4 as we see clearly that if a man has not consummated his marriage with his wife then she does not need to observe an 'iddah. If Qur'an 65.4 specifies that pre-pubescent females must observe a 3 month 'iddah then clearly sexual intercourse is halal to Allah.<br />
<br />
===This verse is only talking about adult women who don't know if they are pregnant===<br />
<br />
The very reason 65:4 was revealed in the first place, was as a clarification to an existing revelation by Allah. Allah had already revealed that women must wait 3 menstrual periods before they can end the 'iddat and be free to marry again. This is in Qur'an 2:228:<br />
<br />
{{quote|{{Quran|2|228}}|'''And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs''', if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and Allah is Mighty, Wise. }}<br />
<br />
However, after this, Muslim men went to Muhammad to ask about those who did not presently have their menses - how do they measure the 'iddat in those cases? It is in this circumstance that Allah sent down the clarification (65:4) for the three groups of women that did not have menstruation, therefore they could not wait the '3 menstrual cycles' as mandated by Qur'an 2:228.<br />
<br />
Those Muslims who make this claim are ignoring what all of their own scholars have said about 65:4; that it is referring to the peri-menopausal and post menopausal women, the pre-pubescent girls and the pregnant women. The women who are currently menstruating are told in Qur'an 2:228 that they must wait 3 menstrual cycles, therefore this apologetic is also debunked.<br />
<br />
===This verse is applied to unconsummated widows===<br />
<br />
Another claim is that Qur'an 65:4 doesn't necessarily mean that Muslim men can have sex with pre-pubescent females because there may be cases where a man has married a pre-pubescent female, but while waiting for her to attain menstruation before consummating the marriage, he died. The 'iddah could be referring to a situation such as this. This claim is invalid because the Qur'an specifies the 'iddah for ''all'' widows to be 4 months and 10 days; in Qur'an 2:234:<br />
<br />
{{Quote|{{Quran|2|234}}|And (as for) those of you who die and leave wives behind, they should keep themselves in waiting for four months and ten days; then when they have fully attained their term, there is no blame on you for what they do for themselves in a lawful manner; and Allah is aware of what you do.}}<br />
<br />
Snce the 'Iddah specified in Qur'an 65.4 is for a different amount of time, this situation would not seem to be the subject of 65:4. <br />
<br />
<br /><br />
==See Also==<br />
<br />
*[[Child Marriage in the Muslim World]]<br />
<br />
{{Translation-links-english|[[Pedophilie_dans_le_Coran|French]]}}<br />
<br />
==External Links==<br />
<br />
*[http://www.answering-islam.org/Quran/Versions/065.004.html Marriage to Minors: Surah At-Talaq (65:4)] - ''Answering Islam''<br />
<br />
==References==<br />
{{Reflist|30em}}<br />
<br />
[[Category:Qur'an]]<br />
[[Category:Shariah (Islamic Law)]]<br />
[[Category:Child Marriage]]<br />
[[Category:Human rights]]<br />
[[Category:Marriage]]<br />
[[Category:Women]]<br />
[[Category:Criticism of Islam]]<br />
[[Category:Apologetics]]<br />
[[Category:Tafsir]]</div>IbnPinkerhttps://wikiislam.net/index.php?title=Child_Marriage_in_the_Qur%27an&diff=134329Child Marriage in the Qur'an2022-01-10T20:35:16Z<p>IbnPinker: /* Abu-Hayyan */</p>
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<div>{{QualityScore|Lead=4|Structure=3|Content=3|Language=4|References=2}}<br />
<br />
The subject of child marriage per se never arises in the Qur'an. Yet the Qur'an deals indirectly with the topic. The subject of the [['Iddah]] or "(waiting) period" of a woman is dealt with frequently in the Qu'ran. Summarized briefly, the Qur'an lays down strict rules (based largely on the women's menstruation cycles or lack thereof) for how long a woman must wait in between the end of one marriage and the beginning of another, and the purpose in the pre-modern, patriarchal societies in which the [[Shari'ah]] was codified was to ensure that a woman would not marry a new man while pregnant from her last husband and impute fathership of her baby to the wrong husband. Pursuant to these rules the Qur'an in verse 33:49 states that no [['Iddah]] is prescribed for a woman who has ''not'' had intimate contact with her husband, but goes on to stipulate an [['Iddah]] for pre-pubescent girls in verse 65:4, implying that pre-pubescent girls can be divorced, with the implication that it is possible to marry them. This has been interpreted in the orthodox Sunni Muslim tradition to mean that the[[Qur'an]] supports marrying and having sex with prepubescent girls. Despite the discomfort that this causes for modern readers, the conclusion (which is drawn explicitly in sahih hadith and tafsir traditions around this and related Qur'anic verse) seems to be that the Qur'an endorses sexual intercourse (as a part of Islamic marriage) with pre-pubescent girls. <br />
[[File:Women protesters.jpg|right|thumb|300px|March 23, 2010: Women protesters hold up copies of the Qur'an outside parliament in Sanaa while stating that a proposed law banning marriages under the age of 17 in Yemen is un-Islamic<ref>[http://www.irinnews.org/Report.aspx?ReportId=88589 YEMEN: Deep divisions over child brides] - IRIN, March 28, 2010</ref>]] <br />
==Introduction==<br />
<br />
The Qur'an has stipulated a waiting period which women must observe before they can remarry. This waiting period must be observed after they are divorced, or if their husbands have died. In the Qur'an, this is called '<nowiki/>''[[Iddah]]'' or '''Iddat'' (العدة). However, there is one exception to this requirement in Qur'an 33:49:<br />
<br />
{{Quote|{{Quran|33|49}}| {{right|<br />
ياايها الذين امنوا اذا نكحتم المؤمنات ثم طلقتموهن من قبل ان تمسوهن فمالكم عليهن من عدة تعتدونهافمتعوهن وسرحوهن سراحا جميلا<br />
}}<br />
'''Transliteration:''' ''Ya ayyuha allatheena amanoo itha nakahtumu almuminati thumma tallaqtumoohunna min qabli an tamassoohunna fama lakum AAalayhinna min AAiddatin taAAtaddoonaha famattiAAoohunna wasarrihoohunna sarahan jameelan''<br />
<br />
'''Sahih International:''' O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
<br />
From the verse above it is understood that 'Iddah (stipulated waiting period) is required if sexual contact has occurred within the marriage. If a woman is not touched by her husband, she should not have to observe any waiting period at all.<br />
<br />
After the mention of women who have not had their marriage consummated, the Qur'an goes further - discussing the women who need to observe the 'iddah, and the span of time required. We see in Qur'an 65.4: <br />
<br />
{{Quote|{{Quran|65|4}}|{{right|<br />
واللائي يئسن من المحيض من نسائكم ان ارتبتم فعدتهن ثلاثة اشهر واللائي لم يحضن واولات الاحمال اجلهن ان يضعن حملهن ومن يتق الله يجعل له من امره يسرا<br />
}} <br />
'''Transliteration:''' ''Waalla-ee ya-isna mina almaheedi min nisa-ikum ini irtabtum faAAiddatuhunna thalathatu ashhurin waalla-ee lam yahidna waolatu al-ahmali ajaluhunna an yadaAAna hamlahunna waman yattaqi Allaha yajAAal lahu min amrihi yusran''<br />
<br />
'''Sahih International:''' 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. And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease.}}<br />
<br />
Here the 'Iddah is prescribed to three categories of women:<br />
<br />
#First the phrase: “Yaisna min al-maheedhi” يئسن من المحيض which means “those women who are desperate of menses” is an indication to women who reached the stage of menstruation but do not menstruate and of those who reached menopause. Desperate of menses underlines that it concerns women who though reached the age, fail to menstruate too. Their 'Iddah period is three months.<br />
#Next comes, “Wallaee Lam yahidhna” واللائي لم يحضن which means “those who have not menstruated yet” This group of females are pre-pubescent girls who have not yet menstruated. Here the 'Iddah prescribed for them is equal to the previous group of women (ie. three months).<br />
#Lastly, the women who are pregnant - their prescribed 'iddah is until they have given birth.<br />
<br />
==Linguistic Analysis of Verse in Arabic==<br />
<br />
The Qur'an says in Arabic:<br />
<br />
{{Quote|1=[http://quran.al-islam.com/Tafseer/DispTafsser.asp?l=arb&taf=GALALEEN&nType=1&nSora=65&nAya=4 Quran 65:4]<BR>Tafsir from al-Islam.com<br />
|2= {{right|<br />
واللائي لم يحضن فعدتهن ثلاثة أشهر <br />
}}<br />
<br />
"and those who never had menses" (because they are underage)}} <br />
<br />
The transliteration of the verse and the meaning of each portion of the verse is given below:<br />
<br />
''واللائي لم يحضن" فعدتهن ثلاثة أشهر'' <br />
<br />
''Wa Al-Lā'ī Lam Yaĥiđna'' <br />
<br />
''wa'' ( <font size="4">وَ</font> ) = and<br />
<br />
''Al-Lā'ī'' ( <font size="4">وَاللَّائِي</font> ) = for those who<br />
<br />
''Lam'' ( <font size="4">لَمْ </font>) = did not (negation in past tense) <ref name="EB">Elabbas Benmamoun, Arabic morphology: The central role of the imperfective, Lingua 108 (1999) 175-201</ref> <br />
<br />
''Yaĥiđna'' ( <font size="4">يَحِضْنَ</font> ) = menstruate. <br />
<br />
''Yaĥiđna'' comes from the verbal root H-Y-D ( <font size="4">حيض</font> ) which means "to menstruate". <br />
<br />
The addition of prefix "Ya" and suffix "na" to the root "HYD" shows that the word is used in used in third person, feminine gender, plural, imperfective aspect, jussive mood.<ref>[[w:Arabic grammar|Arabic grammar]] - Wikipedia</ref><br />
<br />
The imperfective aspect, according to traditional understanding of classical Arabic grammar, by itself lacks any tense feature (as is true of other classical Semetic languages such as Hebrew). <ref name="EB" /> The tensed negatives like ''lam'' ( <font size="3">لَمْ </font> ) (negation in past tense), ''lan'' ( <font size="3">لن</font> ) (negation in future tense), ''laa'' ( لا) (negation in present tense) combined with imperfective (in different moods) decide the tense in the case of a negative sentence. <br />
<br />
Thus ''lam Yadrus لم يدرس'' = He did not study. The verb is in the imperfect tense, but the partical lam لم conveys a meaning of a simple, negated past. <br />
<br />
In the verse 65:4, '''''Lam Yaĥiđna'' لم يحضن= 'those who did not menstruate'.''' The meaning here is that the females being referred to have not, yet, menstruated, ie they are pre-pubescent. <br />
<br />
The imperfective verb in the with the negation particle ''lam'' ( <font size="3">لَمْ </font> ) (indicating a past-tense meaning) is in the [[w:Grammatical mood#Jussive|Jussive]] mood(يعني المضارع المجزوم). <ref name="EB" /> <br />
<br />
{{Quote||'''The mood is similar to the cohortative mood, in that it expresses plea, insistence, imploring, self-encouragement, wish, desire, intent, command, purpose or consequence.''' In some languages, the two are distinguished in that cohortative occurs in the first person and the jussive in the second or third. It is found in Arabic, where it is called the مجزوم, majzum. The rules governing the jussive in Arabic are somewhat complex. <ref>[[w:Grammatical mood#Jussive|Jussive]] - Wikipedia</ref>|}} <br />
<br />
Supporting these meanings, from Lane's lexicon, ''Lam'' ({{arabic|لم }}) means 'not':<br />
<br />
{{Quote|1=Lane's Lexicon for ''Lam''|2=Lam = ل<br />
<br />lam = Negative particle giving to the present the sense of the perfect; not.<ref>[http://www.studyquran.co.uk/13_LAM.htm Lam = ل] - StudyQuran</ref>}}<br />
<br />
From the Lexicon, Arabic word for Menstruate is 'Haid' ({{arabic|حيض}}):<br />
{{Quote|1= Lane's Lexicon for ''Haa''|2=Ha-Ya-Dad (Ha-Alif-Dad) = To have her courses, menstruate; Her blood flowed from her womb, to attain the age of menstruation, to make a thing flow.<br />
<br />
hada vb. (1) impf. act. 65:4<br />
<br />
mahid n.m. 2:222<br /><br />
Lane's Lexicon, Volume 2, page: 322, 323<ref>[http://www.studyquran.co.uk/9_HAA.htm ح = Ha] - StudyQuran</ref>}}<br />
<br />
It thus follows that 65:4 is describing the state of women have not yet menstruated, which would logically include children or girls before puberty or attainment of [[w:menarche|menarche]] (first period). This implication, as seen below, was also drawn by the majors [[tafsir|tafsirs]]. <br />
<br />
The exact translation of this portion of {{Quran|65|4}} is thus ''"Not menstruated yet"'' ( <font size="4">لَمْ يَحِضْنَ</font> ). In Arabic, the menstruation process is called HaiD( <font size="4">حيض</font> ), and the verb for "to menstruate" is yaHiD( <font size="4">يَحِض</font> ), with the noun likely being derivative of the verb (as with most but not all derivations in Arabic). The LAM ( <font size="4">لَمْ </font> )clearly shows that the verb refers to women who menstruated, and the na ( <font size="4">نَ</font> ) at the end of the verb drives home the point that this verb speaks of women. “Not menstruated yet” or some similar translation is the only acceptable English translation.<br />
<br />
This verse 65:4 is read by the tafsirs as a continuation of Qur'an 33:49. A question that naturally arises from these verses, and which was more or less answered by the mufassiruun, is 'if a woman who has not had sex should not have to observe any Iddah at all, as mentioned in 33:49, what is the reason for the prescribed 'Iddah for those women who have not yet menstruated?' The seems to be that marrying pre-pubescent girls and having sex with them is sanctioned by the Qur'an.<br />
<br />
The phrase found in Qur'an 65:4 as "wallaee lam yaHiDhna" واللائي لم يحضن is sometimes mistranslated by [[apologists]] by apologists to mask the fact that pre-pubescent girls are normally understood as the intended meaning here; the exact meaning of the phrase is clearly understood this way in the [[Tafsir]]<nowiki/>s.<br />
<br />
==Tafsirs of the Verse==<br />
<br />
The classical tafsirs are unanimous that this verse prescribes the 'iddah for a pre-pubscent woman. Although not spelled out explicitly in the verse itself, this meaning is clearly the one that was taken away by the orthodox Sunni muslim exegetical tradition. <br />
<br />
===Sayyid Abul Ala Maududi===<br />
<br />
{{quote |1=[http://www.islamicstudies.info/tafheem.php?sura=65 Commentary on Qur'an Chapter 65:4]<BR>Sayyid Abul Ala Maududi, Tafhim al-Qur'an|2= Here, one should bear in mind the fact that according to the explanations given in the Quran 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 Quran has held as permissible.}}<br />
<br />
Note here what Maududi mentions on giving pre-pubescent girls in marriage and consummating the marriage with them. The interpreter affirms it is permitted by the Qur'an and no Muslims can question or forbid it.<br />
<br />
===Shaykh Muhammad ibn ‘Uthaymeen===<br />
<br />
{{quote |Shaykh Muhammad ibn ‘Uthaymeen, Majmoo’at As’ilah tahumm al-Usrah al-Muslimah, p. 61-63|Surah al-Talaaq 65:4: <br />
If a woman does not menstruate, either because she is very young or old and past menopause, then her ‘iddah is three months, because Allaah says (interpretation of the meaning): “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.<ref>[http://www.islamqa.com/index.php?ln=eng&ds=qa&QR=12667 The ‘iddah of a woman divorced by talaaq] - Islam Q&A, Fatwa No. 12667</ref>}}<br />
<br />
The reason for bringing two more recent scholars is to show that ''nothing has changed'' in the Islamic tenets on marrying and having sex with pre-pubescent girls, even in this modern era.<br />
<br />
==='Ibn Kathir===<br />
<br />
{{quote |1=[http://www.tafsir.com/default.asp?sid=65&tid=54196 The `Iddah of Those in Menopause and Those Who do not have Menses (Qur'an 65:4)]<BR>Tafsir Ibn Kathir |2= 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 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.}}<br />
<br />
===Al-Jalalayn===<br />
<br />
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir al-Jalalayn|2= 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.}}<br />
<br />
===Ibn Abbas===<br />
<br />
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir Ibn Abbas|2= (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.}} <br />
<br />
===Al-Wahidi===<br />
<br />
{{quote |1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Al-Wahidi, Asbab al-nuzul|2= (And for such of your women as despair of menstruation…) [65:4]. Said Muqatil: “When the verse (Women who are divorced shall wait, keeping themselves apart…), Kallad ibn al-Nu‘man ibn Qays al-Ansari said: ‘O Messenger of Allah, '''what is the waiting period of the woman who does not menstruate and the woman who has not menstruated yet?''' And what is the waiting period of the pregnant woman?’ '''And so Allah, exalted is He, revealed this verse”.''' Abu Ishaq al-Muqri’ informed us> Muhammad ibn ‘Abd Allah ibn Hamdun> Makki ibn ‘Abdan> Abu’l-Azhar> Asbat ibn Muhammad> Mutarrif> Abu ‘Uthman ‘Amr ibn Salim who said: “When the waiting period for divorced and widowed women was mentioned in Surah al-Baqarah, Ubayy ibn Ka‘b said: ‘O Messenger of Allah, some women of Medina are saying: there are other women who have not been mentioned!’ He asked him: ‘And who are they?’ He said: '''Those who are too young [such that they have not started menstruating yet]''', those who are too old [whose menstruation has stopped] and those who are pregnant’. And so this verse (And for such of your women as despair of menstruation…) was revealed”.}}<br />
<br />
===Al-Tabari===<br />
<br />
{{Quote|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.'''}}<br />
<br />
===Al-Zamakhshari===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=2&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Al-Zamakhshari, Al-Kashshaaf|2= {{right|<br />
روي أن ناساً قالوا: قد عرفنا عدة ذوات الأقراء، فما عدة اللائي لا يحضن؛ فنزلت: فمعنى إِنِ ٱرْتَبْتُمْ }: إن أشكل عليكم حكمهن وجهلتم كيف يعتددن فهذا حكمهنّ، وقيل: إن ارتبتم في ذم البالغات مبلغ اليأس وقد قدروه بستين سنة وبخمس وخمسين، أهو دم حيض أو استحاضة؟ { فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ } وإذا كانت هذه عدة المرتاب بها، فغير المرتاب بها أولى بذلك '''{ وَٱلَّٰۤئى لَمْ يَحِضْنَ }''' هن الصغائر''' }}<br />
<br />
It is said that people said: we have known the period of the literate people, what is the waiting period of those who do not menstruate; it was revealed its meaning that "if you doubted", ie if the correct judgement is not clear and you do not know how to reckon their 'iddah this is to be the correct judgement. And it is said: if you doubted regarding the women who have despaired of further menstruation (and they estimate this to be 60 or 55 years of age) and they see more blood, is it menstruation or spotting? (Quoting the Qur'an) "Their waiting period is 3 months." And if this is the waiting period for those regarding whom there is doubt, then for those regarding whom there is no doubt, (quoting the Qur'an) "and for those how have not menstruated yet", these are the small female children. }}<br />
<br />
The bold text means “Those who have not menstruated” are young girls.<br />
<br />
===Tabrasi===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=3&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=7&Size=1&LanguageId=1 Qur'an 65:4]<BR>Tabrasi|2= {{right|{واللآئي لم يحضن}<br />
<br />
تقديره واللآئي لم يحضن إن ارتبتم فعدتهن أيضاً ثلاثة أشهر وحذف دلالة الكلام الأول عليه وهن اللواتي '''لم يبلغن''' المحيض ومثلهن تحيض على ما مرَّ بيانه.}}<br />
<br />
"And those who have not yet menstruated" ie for those who have not yet menstruated, if you doubted, their waiting period is three months, negating the reference to the previous verse, these are those women who have not yet reached the age of menstruation and those like them who's menstruation escapes observation. }}<br />
<br />
The bold text translates as “They are those who haven’t reached the age of menstruation”. Tabrasi comments on the phrase “Wallaee Lam yahidhna” = “Those who have not menstruated yet” in the verse.<br />
<br />
===Al-Shawkani===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=9&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=3&Size=1&LanguageId=1 Qur'an 65:4]<BR>Al-Shoukani, Fath al-Qadir|2= {{right|<br />
{ فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ '''وَٱللاَّئِى لَمْ يَحِضْنَ } لصغرهن، وعدم بلوغهن سن المحيض،''' أي: فعدتهن ثلاثة أشهر }}<br />
<br />
Due to their youth, and their lack of reaching the age of menstruation (i.e. puberty), i.e. their waiting period is 3 months, (quoting the Qur'an) "their waiting period is 3 month and [the same is the case for] those who have not menstruated yet"). }}<br />
<br />
The bold part translated as: “Those who have not menstruated yet” are young girls who have not reached the age of menstruation.<br />
<br />
===Abu-Hayyan===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=19&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Abu-Hayyan|2= {{right|{واللائي لم يحضن }<br><br />
،فالعدة هذه، فتلخص في قوله: { إن ارتبتم } قولان: أحدهما، أنه على ظاهر مفهوم اللغة فيه، وهو حصول الشك؛ والآخر، أن معناه التيقن للإياس؛ والقول الأول معناه: إن ارتبتم في دمها، أهو دم حيض أو دم علة؟ أو إن ارتبتم في علوق بحمل أم لا؛ أو إن ارتبتم: أي جهلتم عدتهن، أقوال. والظاهر أن قوله: واللائي { '''لم يحضن''' } يشمل من لم يحض لصغر، }}<br />
<br />
As for the waiting period, it is summed up in its saying (quoting the Qur'an) "if you doubted" there are two sayings: one of them, which appears exceedingly understandable, 'this is in the case of doubt'; and the other, whose meaning is "those who have certainly reached to the point of despair [menopause]." The meaning of the first: if you doubted her blood, is it menstrual blood or caused by an illness or health irregularity? Or perhaps if you suspect a calamity (miscarriage) has happened or not? Or if you doubed: i.e. if you don't know of their waiting period. And this much is clear: (quoting the Qur'an) 'as for those who have not yet menstruated.' This includes those who have not menstruated due to their young age. }}<br />
<br />
The bold: “Those who have not menstruated yet” denotes those not menstruated because of being young.<br />
<br />
==Evidence from the Hadith==<br />
<br />
From Imam Bukhari in his book of Tafsir and hadith collections:<br />
<br />
{{Quote|[http://bewley.virtualave.net/bukhari33.html Sahih Al-Bukhari, Chapter 68: Book of Tafsir]|'''CCCLXXXIV: The Tafsir of Surat at-Talaq'''<BR><BR>Mujahid said that "if you have any doubt" (65:4) means if you do not know whether she menstruates or not. Those who do not longer menstruate and '''those who have not yet menstruated, their 'idda is three months'''.}}<br />
<br />
{{Quote|{{cite web quotebox|url= http://archive.org/download/SahihAl-bukhari9Vol.Set/SahihAl-bukhariVol.7-Ahadith5063-5969.pdf|title= The Translation of the Meanings of Sahih Al-Bukhari|publisher= Dar-us-Salam Publications|isbn= 9960-717-38-0|author= Al-Bukhari (au.), Muhammad M. Khan (tr.)|date= June 1, 1997|series=vol. 7, book 67, ch. 39|page= 57|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Farchive.org%2Fdownload%2FSahihAl-bukhari9Vol.Set%2FSahihAl-bukhariVol.7-Ahadith5063-5969.pdf&date=2013-08-13|deadurl=no}}|'''(39) CHAPTER. Giving one's young children in marriage (is permissible).''' <br />
<br />
By virtue of the Statement of Allah : "...and for those who have no (monthly) <br />
courses (i.e. they are still immature).. (V.65:4) And the 'Idda for the girl before puberty is <br />
three months (in the above Verse). <br />
<br />
'''5133.''' Narrated 'Aishah; that the Prophet wrote the marriage contract with 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).}}<br />
<br />
From Sahih Muslim:<br />
<br />
{{Quote|Capter heading for {{Muslim|8|3309}} to {{Muslim|8|3311}}|Chapter 10: It is permissible for the father to give the hand of his daughter in marriage '''even when she is not fully grown''' up.}}<br />
<br />
The following Muwatta hadith shows it's permissible to marry girls who have not reached puberty:<br />
<br />
{{quote|{{Muwatta|29|33|108|}}|<br />
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."<br />
<br />
'''Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies." '''<br />
<br />
Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.''<br />
<br />
Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."}}<br />
<br />
The following is from Fath al-Bari, the most authoritative commentary on Sahih Al-Bukhari:<br />
<br />
{{Quote|1=|2= {{right|<br />
واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ ) أي فدل على أن نكاحها قبل البلوغ جائز <br />
}}<br />
<br />
"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."<ref>[http://hadith.al-islam.com/display/Display.asp?Doc=0&Rec=7644 Al-Islam (Arabic text)]</ref><ref>[http://www.islamweb.net/newlibrary/display_book.php?idfrom=9381&idto=9382&bk_no=52&ID=2847 IslamWeb (Arabic text)]</ref>}}<br />
<br />
==Recent Fatwas==<br />
<br />
IslamOnline.net is one of the most popular Islamic fatwa sites on the internet. The following excerpt is taken from a December 2010 fatwa.<br />
<br />
{{Quote|1=[http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamonline.net%2Far%2FIOLCounsel_C%2F1278406761316%2F1278406720653%2F%D9%87%D9%84-%D9%8A%D8%AC%D9%88%D8%B2-%D8%AA%D8%AD%D8%AF%D9%8A%D8%AF-%D8%B3%D9%86-%D8%B2%D9%88%D8%A7%D8%AC-%D9%84%D9%84%D9%81%D8%AA%D9%8A%D8%A7%D8%AA%D8%9F-&date=2011-02-03 Is it permissible to restrict the age at which girls can marry?]<BR>Submitted by Ahmad, IslamOnline, December 24, 2010|2=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.}}<br />
<br />
{{Quote|1=[http://www.webcitation.org/61C5nBLpe <!-- original URL http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=88089 -->Child marriage in Islam]<BR>Islamweb, Fatwa No. 88089, June 24, 2004|2='''Getting married at an early age is something that is confirmed by the book of Allah''', the Sunnah of his Prophet (Sallallahu Alaihi wa Sallam), the consensus of the scholars and the actions of the companions, and the Muslims who came after them. <br />
<br />
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. <br />
<br />
The evidence from the Qur'an is: <br />
<br />
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)<br />
<br />
So, '''Allah set rulings of marriage, divorce and waiting period for the women who have not yet had menses, i.e. the young girls'''.<br />
<br />
The Iddah (waiting period) does not take place except after marriage.}}<br />
<br />
==Modern Views and Perspectives on the Meaning of Qur'an 65:4==<br />
<br />
===The Qur'an prohibits marriage to pre-pubescent females===<br />
<br />
Some Modern [[dawah|du'aah]] who decry the traditional sources as endorsing pedophilia often take issue with the interpretation of the wording of Qur'an 65:4 in these source. They see the verse as limited to women of current-day adulthood and not pre-pubescent women (again taking as a starting point modern modes of understanding "adulthood" for women.<ref>{{Cite web| title = Does verse 65:4 encourage child marriage?| author = Abu Amina Elias AKA Justin Parrott| work = Faith in Allah الإيمان بالله "Any practice that causes harm to children is unlawful in Islam."| date = | access-date = 6 January 2022| url = https://www.abuaminaelias.com/verse-65-4-child-marriage/| quote = }}</ref>. Qur'an 4:6 is often leveraged as part of this argument:<br />
<br />
{{quote|{{Qtt|4|6}}|<br />
{{right|وابتلوا اليتامى حتى اذا بلغوا النكاح فان انستم منهم رشدا فادفعوا اليهم اموالهم ولاتاكلوها اسرافا وبدارا ان يكبروا ومن كان غنيا فليستعفف ومن كان فقيرا فلياكل بالمعروف فاذا دفعتم اليهم اموالهم فاشهدوا عليهم وكفى بالله حسيبا<br />
}}<br />
<br />
'''Transliteration:''' Waibtaloo alyatama hatta itha balaghoo aln'''nikaha''' fa-in anastum minhum rushdan faidfaAAoo ilayhim amwalahum wala ta/kulooha israfan wabidaran an yakbaroo waman kana ghaniyyan falyastaAAfif waman kana faqeeran falya/kul bialmaAAroofi fa-itha dafaAAtum ilayhim amwalahum faashhidoo AAalayhim wakafa biAllahi haseeban<br />
<br />
'''Yusuf Ali:''' Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is Allah in taking account. <br />
<br />
'''Pickthal:''' Prove orphans till they reach the marriageable age; then, if ye find them of sound judgment, deliver over unto them their fortune; and devour it not by squandering and in haste lest they should grow up Whoso (of the guardians) is rich, let him abstain generously (from taking of the property of orphans); and whoso is poor let him take thereof in reason (for his guardianship). And when ye deliver up their fortune unto orphans, have (the transaction) witnessed in their presence. Allah sufficeth as a Reckoner.<br />
<br />
'''Shakir:''' And test the orphans until they attain puberty; then if you find in them maturity of intellect, make over to them their property, and do not consume it extravagantly and hastily, lest they attain to full age; and whoever is rich, let him abstain altogether, and whoever is poor, let him eat reasonably; then when you make over to them their property, call witnesses in their presence; and Allah is enough as a Reckoner.}}<br />
<br />
The word [[Nikah]] can have multiple understandings:<br />
<br />
#According to the Islamic Shar'iah, "Nikah" is a technical term, whose Shar'i (Islamic legal) meaning is "the consumation of a marriage through vaginal intercourse" and in many Islamic languages and cultures, such as Urdu speaking Muslims in South Asia, this by extension merely means "(Islamic) marriage." In Arabic, though , ''Zuwaaj'' زواج<ref>[http://www.studyquran.co.uk/28_ZAY.htm Lane's Lexicon - Zay-Waw-Jiim]</ref> is the specific word for just "marriage" (although the contract of marriage which both parties sign is called "'aqd an-nikaah" عقد النكاح), but the Qur'an uses both words in reference to marrying women; Nikaah for human females and Zuwaaj for the Houris.<br />
#The underlying, literal meaning of "Nikaah" in Arabic language is vaginal, "[[Nikah (Sexual Consummation of Marriage)|Sexual Intercourse]]"<br />
<br />
Few Modern du'aah use this word "Nikaah" in this verse to mean "marriage" (i.e. till they (the orphans) reach the age of marriage). Their argument is that this verse links the age of "Nikaah" with "becoming sound in Judgement to take care of the property", and thus a child's Nikaah is impossible while a child does not have the sound judgement to take care of his/her property. <br />
<br />
But contrary to these modern Islamic advocates, the traditional view of Muslim 'ulamaa' of the last 1400 years was that word "Nikaah" had been used in it's literal meaning here (i.e. reaching the age where they are able to do the sexual intercourse). And their arguments are as follows:<br />
<br />
Firstly, this verse is talking about the "male orphans" and not about the "female orphans". It becomes evident from the Arabic word بَلَغُوا (balaghū) in this verse, and the Arabic grammar used in it is (3rd person '''masculine''' plural perfect verb). This Arabic grammar could be seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=4&verse=6 Corpus Quran Website]. <br />
<br />
Thus the exact translation of this verse becomes: "''And test the ('''male''') orphans until they reach the age of (doing) the '''sexual intercourse (i.e. Nikah)'''. Then if you perceive in them sound judgement, release their property to them ...''."<br />
<br />
Secondly, it becomes even more evident from another verse of Quran 17:34:<br />
<br />
{{Quote|{{Quran|17|34}}|وَلَا تَقْرَبُوا۟ مَالَ ٱلْيَتِيمِ إِلَّا بِٱلَّتِى هِىَ أَحْسَنُ حَتَّىٰ يَبْلُغَ '''أَشُدَّهُۥ''' ۚ </br><br />
Come not nigh to the orphan's property except to improve it, until he attains the age of '''full strength'''}}<br />
<br />
The word أَشُدَّهُ (full strength) in this verse means the age when a young boy starts feeling the desire/strength of doing sexual intercourse. <br />
<br />
And the Arabic grammar in the word يَبْلُغَ in this verse is '''"3rd person masculine singular imperfect verb"''', which again points out that this verse is talking about the "male orphans" only. This Arabic grammar could be again seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=17&verse=34 Corpus Quran Website].<br />
<br />
It should be noted that:<br />
<br />
*As far as Shari'i 'aqd an-Nikaah (marriage) is concerned, then there is no condition present in it of reaching the أَشُدَّهُ (i.e. Strength to do the intercourse).<br />
*And the proof is that Muhammad himself did the Shari'i Nikah with 'Aisha, when she was only 6 years old.<br />
*And no one tests a 6 years old child for handing over his/her property to him/her, as 6 years old child has neither أَشُدَّهُ (Strength/Desire) nor he/she has any kind of "sound judgement" to look after his/her property.<br />
<br />
Thus, the Shar'i Nikah has nothing to do with the أَشُدَّهُ (strength), as Muhammad did this Shar'i Nikah with 6 years 'Aisha. <br />
<br />
Actually, even at the age of 9, when 'Aisha finally came to the house of Muhammad for the consummation of marriage, still she was not mentally sound enough to look after any property or business. It is evident from the following hadith:<br />
<br />
{{Quote|{{Bukhari|||6130|darussalam}}|Narrated `Aisha:<br />
<br />
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 (ﷺ) used to enter (my dwelling place) they used to hide themselves, but the Prophet would call them to join and play with me.}}<br />
<br />
According to Islamic Sharia:<br />
<br />
*When a girl reaches puberty, then she herself gets the right to give her consent for the marriage, or to deny the marriage.<br />
*But if she is a minor or prepubescent girl, then her father/guardian could wed her to anyone even without her consent<ref>[https://islamqa.info/en/answers/12708/is-it-acceptable-to-marry-a-girl-who-has-not-yet-started-her-menses The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. Fatwa Website Islam Q&A.] </ref>.<br />
*And if she is a prepubescent and also an orphan, then her guardian has the right to wed her with himself (even without her consent), in order to get her property and the wealth.<br />
<br />
It is evident from the following hadith: <br />
<br />
{{Quote|{{Bukhari|||5064|darussalam}}|Narrated 'Urwa:<br />
<br />
that he asked `Aisha about the Statement of Allah: '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) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! '''(This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr''', and they are ordered to marry other women instead of them."}}<br />
<br />
And it is also evident from the following Quranic Verse: <br />
<br />
{{Quote|{{Quran|4|127}}|You also read them (the guardians) in the Book concerning orphaned women (in your charge) '''to whom you deny their ordained rights and yet wish to take them in marriage''', as well as in respect of helpless children, that you should be just in the matter of orphans." The good you do is known to God.}}<br />
<br />
Thus a prepubescent girl is practically at the mercy of her guardian, and he could marry her to himself, even without her consent, and even for very little Mahr price. <br />
<br />
The Tafsir's agree with this understanding of 4:6:<br />
<br />
{{quote|1=[http://tafsir.com/default.asp?sid=4&tid=10463 Giving Back the Property of the Orphans When They Reach Adulthood (Qur'an 4:6)]<BR>Tafsir Ibn Kathir|2=<br />
'''Giving Back the Property of the Orphans When They Reach Adulthood'''<br />
<br />
Allah said,<br />
{{right|<br />
[وَابْتَلُواْ الْيَتَـمَى]<br />
}}<br />
(And test orphans) meaning, test their intelligence, as Ibn `Abbas, Mujahid, Al-Hasan, As-Suddi and Muqatil bin Hayyan stated.<br />
{{right|<br />
[حَتَّى إِذَا بَلَغُواْ النِّكَاحَ]<br />
}}<br />
(until they reach the age of marriage), the age of puberty, according to Mujahid. The age of puberty according to the majority of scholars comes when the child has a wet dream. In his Sunan, Abu Dawud recorded that `Ali said, "I memorized these words from the Messenger of Allah ,<br />
{{right|<br />
«لَا يُتْمَ بَعْدَ احْتِلَامٍ، وَلَا صُمَاتَ يَوْمٍ إِلَى اللَّيْل»<br />
}}<br />
(There is no orphan after the age of puberty nor vowing to be silent throughout the day to the night.) In another Hadith, `A'ishah and other Companions said that the Prophet said,<br />
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«رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ، عَنِ الصَّبِيِّ حَتَّى يَحْتَلِمَ، وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ، وَعَنِ الْمَجْنُونِ حَتَّى يُفِيق»<br />
}}<br />
s(The pen does not record the deeds of three persons: the child until the age of puberty, the sleeping person until waking up, and the senile until sane.) Or, the age of fifteen is considered the age of adolescence. In the Two Sahihs, it is recorded that Ibn `Umar said, "I was presented in front of the Prophet on the eve of the battle of Uhud, while I was fourteen years of age, and he did not allow me to take part in that battle. But I was presented in front of him on the eve of the battle of Al-Khandaq (The Trench) when I was fifteen years old, and he allowed me (to join that battle).'' `Umar bin `Abdul-`Aziz commented when this Hadith reached him, "This is the difference between a child and an adult.'' There is a difference of opinion over whether pubic hair is considered a sign of adulthood, and the correct opinion is that it is. The Sunnah supports this view, according to a Hadith collected by Imam Ahmad from `Atiyah Al-Qurazi who said, We were presented to the Prophet on the day of Qurizah, whoever had pubic hair was killed, whoever did not was left free to go, I was one of those who did not, so I was left free.'' The Four Sunan compilers also recorded similar to it. At-Tirmidhi said, "Hasan Sahih.'' Allah's statement,<br />
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[فَإِنْ ءَانَسْتُمْ مِّنْهُمْ رُشْداً فَادْفَعُواْ إِلَيْهِمْ أَمْوَلَهُمْ]<br />
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(if then you find sound judgment in them, release their property to them,) Sa`id bin Jubayr said that this portion of the Ayah means, when you find them to be good in the religion and wise with their money. Similar was reported from Ibn `Abbas, Al-Hasan Al-Basri and others among the Imams. The scholars of Fiqh stated that when the child becomes good in the religion and wise concerning with money, then the money that his caretaker was keeping for him should be surrendered to him.}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsir al-Jalalayn|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
Try, test, well the orphans, before reaching maturity with regard [the duties of] religion and [before] they can [legally] manage their own affairs, until they reach the age of marrying, that is, until they have become eligible for it through puberty or [legal] age, which, according to al-Shāfi‘ī, is the completion of fifteen years; then, if you perceive in them maturity, that is, right [judgement] in matters of religion and their property, deliver their property to them; consume it not, O guardians, wastefully, without due merit, and in haste, that is, hastening to expend it, fearing, lest they should grow up, and become mature, at which time you will be obliged to hand it over to them. If any man, who is a guardian, is rich, let him be abstinent, that is, let him abstain from the orphan’s property and refrain from consuming it; if he is poor, let him consume, of it, honourably, that is, in line with the wage for his work. And when you deliver to them, the orphans, their property, take witnesses over them, that they have received it and that you are absolved [of the obligation], so that if any dispute occurs, you are able to refer to a clear proof: this is a command [intended] for guidance. God suffices as a reckoner, as a guardian of His creatures’ deeds and as a reckoner of these [deeds] (the bā’ [in bi’Llāhi] is extra).}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsîr Ibn Abbas|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
(Prove orphans) test the intelligence of orphans (till they reach the marriageable age) the age of puberty; (then, if ye find them of) if you see that they possess (sound judgement) righteousness in Religion and a tendency to protect their wealth, (deliver over unto them their fortune) then give their wealth which is with you; (and devour it not squandering) it in transgression and unlawfully (and in haste) in haste lest the orphan grows older and consumes it little by little (lest they should grow up) for fear that they grow older and stop you from devouring their wealth. (Whoso (of the guardians) is rich) and needs not the orphan's wealth, (let him abstain generously) because of his richness from taking of the property of orphans, nor should he diminish anything from their wealth; (and whoso is poor) and needy (let him take thereof in reason (for his guardianship)) in measure, such that he is not in need for the wealth of orphans; it is also said that this means: he should take from the wealth of orphans in proportion with the measure of his work regarding this wealth; and it is also said that this means: he can take from the wealth of orphans as a loan to be paid back. (And when ye deliver up their fortune unto orphans) when they reach the legal age, (have (the transaction) witnessed in their presence) when you deliver it to them. (Allah sufficeth as a Reckoner) Allah suffices as a witness. This verse was revealed about Thabit Ibn Rifa'ah al-Ansari.}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Al-Wahidi, Asbab Al-Nuzul|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
(Prove orphans…) [4:6]. This was revealed about Thabit ibn Rifa‘ah and his uncle. Rifa‘ah died when his son Thabit was very young. The uncle of Thabit went to the Messenger of Allah, Allah bless him and give him peace, and said: “The son of my brother is an orphan under my care, what is lawful for me from his wealth? And when should I give him back his wealth?” And so Allah, exalted is He, revealed this verse.}}<br />
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===The Arabic word “Nisaa'” does not refer to young females===<br />
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Some defenders of the Qur'an, speaking in English, claim that the Qur'an only uses the word ''Nisaa''' to refer to mature, adult women, therefore 65:4 cannot be talking about pre-pubescent females.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = Kaleef K. Karim| work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = that the Arabic word ‘Nisa’ could also refer to ‘female children’. Let us take a look in Arabic-English dictionaries. The Arabic word ‘Nisa’ has been used 59 times in the Quran. Not once has the word ‘Nisa’ been used for a ‘child(ren)’, it has always referred to mature adult women. Dr. Rohi Baalbaki, says in Al-Mawrid: A modern Arabic-English Dictionary:}}</ref> This linguistic argument does not hold water, even just on the basis of the Qur'an itself as a text. The word merely means "women/females" and can refer to mixed groups of women of various ages, as the English "female" or "women." Here are some verses that use the word ''"nisaa'"'':<br />
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{{Quote|{{Quran|2|49}}|وَإِذْ نَجَّيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ يُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith najjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' And remember, We delivered you from the people of Pharaoh: They set you hard tasks and punishments, slaughtered your sons and let your women-folk live; therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|7|127}}|وَقَالَ ٱلْمَلَأُ مِن قَوْمِ فِرْعَوْنَ أَتَذَرُ مُوسَىٰ وَقَوْمَهُۥ لِيُفْسِدُوا۟ فِى ٱلْأَرْضِ وَيَذَرَكَ وَءَالِهَتَكَ ۚ قَالَ سَنُقَتِّلُ أَبْنَآءَهُمْ وَنَسْتَحْىِۦ نِسَآءَهُمْ وَإِنَّا فَوْقَهُمْ قَٰهِرُونَ<br />
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'''Transliteration:''' ''Waqala almalao min qawmi firawna atatharu moosa waqawmahu liyufsidoo fee alardi wayatharaka waalihataka qala sanuqattilu abnaahum wanastahyee '''Nisa'''ahum wainna fawqahum qahiroona'' <BR><BR><br />
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'''Yusuf Ali:''' Said the chiefs of Pharaoh’s people: “Wilt thou leave Moses and his people, to spread mischief in the land, and to abandon thee and thy gods?” He said: “Their male children will we slay; (only) their females will we save alive; and we have over them (power) irresistible."}}<br />
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{{Quote|{{Quran|7|141}}|وَإِذْ أَنجَيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ ۖ يُقَتِّلُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith anjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuqattiloona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' And remember we rescued you from Pharaoh’s people, who afflicted you with the worst of penalties, who slew your male children and saved alive your females: in that was a momentous trial from your Lord.}}<br />
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{{Quote|{{Quran|14|6}}|وَإِذْ قَالَ مُوسَىٰ لِقَوْمِهِ ٱذْكُرُوا۟ نِعْمَةَ ٱللَّهِ عَلَيْكُمْ إِذْ أَنجَىٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ وَيُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith qala moosa liqawmihi othkuroo niAAmata Allahi AAalaykum ith anjakum min ali firawna yasoomoonakum sooa alAAathabi wayuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' Remember! Moses said to his people: “Call to mind the favour of Allah to you when He delivered you from the people of Pharaoh: they set you hard tasks and punishments, slaughtered your sons, and let your females live: therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|40|25}}|فَلَمَّا جَآءَهُم بِٱلْحَقِّ مِنْ عِندِنَا قَالُوا۟ ٱقْتُلُوٓا۟ أَبْنَآءَ ٱلَّذِينَ ءَامَنُوا۟ مَعَهُۥ وَٱسْتَحْيُوا۟ نِسَآءَهُمْ ۚ وَمَا كَيْدُ ٱلْكَٰفِرِينَ إِلَّا فِى ضَلَٰلٍ<br />
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'''Transliteration:''' ''Falamma jaahum bialhaqqi min AAindina qaloo oqtuloo abnaa allatheena amanoo maAAahu waistahyoo '''Nisa'''ahum wama kaydu alkafireena illa fee dalalin''<BR><BR><br />
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'''Yusuf Ali:''' Now, when he came to them in Truth, from Us, they said, "Slay the sons of those who believe with him, and keep alive their females," but the plots of Unbelievers (end) in nothing but errors (and delusions)!...}}<br />
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In the above verses, the word ''"Nisaa'"'' is referring to female infants. The biblical original of this story, which the Qur'an relies upon and which commentary on the Qur'an confirms in this case, <br />
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{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:15-16;&version=49; Exodus 1:15-16]|2=<br />
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וַיֹּ֨אמֶר֙ מֶ֣לֶךְ מִצְרַ֔יִם לַֽמְיַלְּדֹ֖ת הָֽעִבְרִיֹּ֑ת אֲשֶׁ֨ר שֵׁ֤ם הָֽאַחַת֙ שִׁפְרָ֔ה וְשֵׁ֥ם הַשֵּׁנִ֖ית פּוּעָֽה:וַיֹּ֗אמֶר בְּיַלֶּדְכֶן֙ אֶת־הָ֣עִבְרִיּ֔וֹת וּרְאִיתֶ֖ן עַל־הָֽאָבְנָ֑יִם אִם־בֵּ֥ן הוּא֙ וַֽהֲמִתֶּ֣ן אֹת֔וֹ וְאִם־בַּ֥ת הִ֖וא וָחָֽיָה:<br />
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''"And the king of Egypt spoke to the Hebrew midwives, of whom the name of the one was Shiphrah, and the name of the other Puah; and he said: ‘When ye do the office of a midwife to the Hebrew women, ye shall look upon the birthstool: if it be a son, then ye shall kill him; but if it be a daughter, then she shall live.’''}}<br />
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{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:22;&version=49; Exodus 1:22]|2=<br />
כבוַיְצַ֣ו פַּרְעֹ֔ה לְכָל־עַמּ֖וֹ לֵאמֹ֑ר כָּל־הַבֵּ֣ן הַיִּלּ֗וֹד הַיְאֹ֨רָה֙ תַּשְׁלִיכֻ֔הוּ וְכָל־הַבַּ֖ת תְּחַיּֽוּן:<br />
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''And Pharaoh charged all his people, saying: ‘Every son that is born ye shall cast into the river, and every daughter ye shall save alive.''}}<br />
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Moreover the Quran itself clarifies “Who the ''Nisa'' are”. <br />
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{{Quote|{{Quran|4|127}}|{{right|<br />
ويستفتونك في النساء قل الله يفتيكم فيهن ومايتلى عليكم في الكتاب في يتامى النساء اللاتي لاتؤتونهن ماكتب لهن وترغبون ان تنكحوهن والمستضعفين من الولدان وان تقوموا لليتامى بالقسط وماتفعلوا من خير فان الله كان به عليما }}<br />
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'''Transliteration:''' ''Wayastaftoonaka fee alnnisa-i quli Allahu yufteekum feehinna wama yutla AAalaykum fee alkitabi fee yatama alnnisa-i allatee la tu/toonahunna ma kutiba lahunna watarghaboona an tankihoohunna waalmustadAAafeena mina alwildani waan taqoomoo lilyatama bialqisti wama tafAAaloo min khayrin fa-inna Allaha kana bihi AAaleeman'' <br />
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'''Literal:''' And they ask for your opinion/clarification about the women, say: "God decreed/clarifies in them (F), and what is read/recited on you in The Book in the women orphans/minors that lose their father, those who (F) you did not give them (F) what was written/dictated to them (F), and you desire that you marry them (F), and the weakened from the children/newborns, and that you take care of to the orphans/minors that lose their father with the just/equitable; and what you make/do from goodness, so that God was/is with it knowledgeable."<ref>[{{Reference archive|1=http://iknowledge.islamicnature.com/quran/surah/4/lang/englishliteral/|2=2011-11-27}} 4. An-Nisa - Women (سورة النساء) - Revealed in Madinah (English: Literal)] - IslamicNature, accessed November 27, 2011</ref>}}<br />
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Here Muhammad is asked who the "Nisaa'" were, and the response delineates who they are:<br />
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#Orphans<br />
#Female wards<br />
#Those you desire to marry<br />
#The weakened from the children or new born.<br />
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===65.4 talks only of the 'Iddah and not of sexual activity===<br />
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One point of focus for modern commentators, seeking to defend the Qur'an from the charge of endorsing pedophilia, is that 65:4 does not explicitly discuss consummation or other sexual activity in regards to any of the females discussed in the verse; it merely sets the prescribed 'Iddah required for each.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = | work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = }}</ref>The 'iddah (prescribed waiting period) for females is required after a divorce or widowing, so that a child's father can be correctly identified. In addition to multiple tafsir and hadith traditions on 65:4, this is also established in Qur'an 33:49: <br />
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{{Quote|{{Quran|33|49}}|<br />
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَٰتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا<br />
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O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
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The tafsirs further expound on the meaning of the 'iddah according to this verse:<br />
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{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=1841&Itemid=89#1 A Gift and no (Iddah) for Women Who are divorced before Consummation of the Marriage (Qur'an 33:49)]<BR>Tafsir Ibn Kathir|2= {{right|<br />
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)}}<br />
<br />
49. O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no `Iddah have you to count in respect of them. So, give them a present, and set them free in a handsome manner.)<br />
<br />
This Ayah contains many rulings, including the use of the word Nikah for the marriage contract alone. There is no other Ayah in the Qur'an that is clearer than this on this point. It also indicates that it is permissible to divorce a woman before consummating the marriage with her.<br />
{{right|<br />
(الْمُؤْمِنَـتِ)<br />
}}<br />
(believing women)<br />
This refers to what is usually the case, although there is no difference between a believing (Muslim) woman and a woman of the People of the Book in this regard, according to scholarly consensus. Ibn `Abbas, may Allah be pleased with him, Sa`id bin Al-Musayyib, Al-Hasan Al-Basri, `Ali bin Al-Husayn Zayn-ul-`Abidin and a group of the Salaf took this Ayah as evidence that divorce cannot occur unless it has been preceded by marriage, because Allah says,<br />
{{right|<br />
(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
}}<br />
(When you marry believing women, and then divorce them) <br />
<br />
The marriage contract here is followed by divorce, which indicates that the divorce cannot be valid if it comes first. Ibn Abi Hatim recorded that Ibn `Abbas, may Allah be pleased with him, said, "If someone were to say, `every woman I marry will ipso facto be divorced,' this does not mean anything, because Allah says:<br />
{{right|<br />
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
}}<br />
(O you who believe! When you marry believing women, and then divorce them....).'' It was also reported that Ibn `Abbas, may Allah be pleased with him, said: "Allah said,<br />
{{right|<br />
(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
}}<br />
(When you marry believing women, and then divorce them.) Do you not see that divorce comes after marriage'' A Hadith to the same effect was recorded from `Amr bin Shu`ayb from his father from his grandfather, who said: "The Messenger of Allah said:<br />
{{right|<br />
«لَا طَلَاقَ لِابْنِ آدَمَ فِيمَا لَا يَمْلِك»<br />
}}<br />
(There is no divorce for the son of Adam with regard to that which he does not possess.) This was recorded by Ahmad, Abu Dawud, At-Tirmidhi and Ibn Majah. At-Tirmidhi said, "This is a Hasan Hadith, and it is the best thing that has been narrated on this matter.'' It was also recorded by Ibn Majah from `Ali and Al-Miswar bin Makhramah, may Allah be pleased with them, that the Messenger of Allah said:<br />
{{right|<br />
«لَا طَلَاقَ قَبْلَ نِكَاح»<br />
}}<br />
(There is no divorce before marriage.)<br />
{{right|<br />
(فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا)<br />
}}<br />
(no `Iddah have you to count in respect of them.) This is a command on which the scholars are agreed, that if a woman is divorced before the marriage is consummated, she does not have to observe the `Iddah (prescribed period for divorce) and she may go and get married immediately to whomever she wishes. The only exception in this regard is a woman whose husband died, in which case she has to observe an `Iddah of four months and ten days even if the marriage was not consummated. This is also according to the consensus of the scholars.<br />
{{right|<br />
(فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
(So, give them a present, and set them free in a handsome manner.) The present here refers to something more general than half of the named dowery or a special gift that has not been named. Allah says:<br />
{{right|<br />
(وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ)<br />
}}<br />
(And if you divorce them before you have touched (had a sexual relation with) them, and you have fixed unto them their due (dowery) then pay half of that) (2:237). And Allah says:<br />
{{right|<br />
(لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ)<br />
}}<br />
(There is no sin on you, if you divorce women while yet you have not touched them, nor fixed unto them their due (dowery). But bestow on them gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.) (2:236) pIn Sahih Al-Bukhari, it was recorded that Sahl bin Sa`d and Abu Usayd, may Allah be pleased with them both, said, "The Messenger of Allah married Umaymah bint Sharahil, and when she entered upon him he reached out his hand towards her, and it was as if she did not like that, so he told Abu Usayd to give her two garments.'' `Ali bin Abi Talhah reported that Ibn `Abbas, may Allah be pleased with him, said "If the dowery had been named, she would not be entitled to more than half, but if the dowery is not been named, he should give her a gift according to his means, and this is the "handsome manner.''}}<br />
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{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir al-Jalalayn|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
O you who believe if you marry believing women and then divorce them before you have touched them (read tamassūhunna or tumāsūhunna) that is, before you have copulated with them, there shall be no [waiting] period for you to reckon against them, [no] waiting period [needed to preclude pregnancy] or otherwise. But provide for them, give them what they can use for [securing] comforts, in cases where no dowry has been fixed for them; otherwise theirs is to retain half of what was fixed, but no more — this is what Ibn ‘Abbās said and it is [the opinion] followed by al-Shāfi‘ī’; and release them in a gracious manner, leave them be without [the intention to cause them any] harm.}}<br />
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{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir 'Ibn Abbas|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
(O ye who believe! If ye wed believing women) without naming the amount of their dowry (and divorce them before ye have touched them) before you had sexual intercourse with them, (then there is no period that ye should reckon) by counting the months or the periods of menstruation. (But content them) as is due by divorce by giving them at least a scarf or shawl (and release them handsomely) divorce them without any harm done to them.}}<br />
<br />
This verse effectively removes the apologist's objection to Qur'an 65.4 as we see clearly that if a man has not consummated his marriage with his wife then she does not need to observe an 'iddah. If Qur'an 65.4 specifies that pre-pubescent females must observe a 3 month 'iddah then clearly sexual intercourse is halal to Allah.<br />
<br />
===This verse is only talking about adult women who don't know if they are pregnant===<br />
<br />
The very reason 65:4 was revealed in the first place, was as a clarification to an existing revelation by Allah. Allah had already revealed that women must wait 3 menstrual periods before they can end the 'iddat and be free to marry again. This is in Qur'an 2:228:<br />
<br />
{{quote|{{Quran|2|228}}|'''And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs''', if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and Allah is Mighty, Wise. }}<br />
<br />
However, after this, Muslim men went to Muhammad to ask about those who did not presently have their menses - how do they measure the 'iddat in those cases? It is in this circumstance that Allah sent down the clarification (65:4) for the three groups of women that did not have menstruation, therefore they could not wait the '3 menstrual cycles' as mandated by Qur'an 2:228.<br />
<br />
Those Muslims who make this claim are ignoring what all of their own scholars have said about 65:4; that it is referring to the peri-menopausal and post menopausal women, the pre-pubescent girls and the pregnant women. The women who are currently menstruating are told in Qur'an 2:228 that they must wait 3 menstrual cycles, therefore this apologetic is also debunked.<br />
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===This verse is applied to unconsummated widows===<br />
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Another claim is that Qur'an 65:4 doesn't necessarily mean that Muslim men can have sex with pre-pubescent females because there may be cases where a man has married a pre-pubescent female, but while waiting for her to attain menstruation before consummating the marriage, he died. The 'iddah could be referring to a situation such as this. This claim is invalid because the Qur'an specifies the 'iddah for ''all'' widows to be 4 months and 10 days; in Qur'an 2:234:<br />
<br />
{{Quote|{{Quran|2|234}}|And (as for) those of you who die and leave wives behind, they should keep themselves in waiting for four months and ten days; then when they have fully attained their term, there is no blame on you for what they do for themselves in a lawful manner; and Allah is aware of what you do.}}<br />
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Snce the 'Iddah specified in Qur'an 65.4 is for a different amount of time, this situation would not seem to be the subject of 65:4. <br />
<br />
<br /><br />
==See Also==<br />
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*[[Child Marriage in the Muslim World]]<br />
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{{Translation-links-english|[[Pedophilie_dans_le_Coran|French]]}}<br />
<br />
==External Links==<br />
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*[http://www.answering-islam.org/Quran/Versions/065.004.html Marriage to Minors: Surah At-Talaq (65:4)] - ''Answering Islam''<br />
<br />
==References==<br />
{{Reflist|30em}}<br />
<br />
[[Category:Qur'an]]<br />
[[Category:Shariah (Islamic Law)]]<br />
[[Category:Child Marriage]]<br />
[[Category:Human rights]]<br />
[[Category:Marriage]]<br />
[[Category:Women]]<br />
[[Category:Criticism of Islam]]<br />
[[Category:Apologetics]]<br />
[[Category:Tafsir]]</div>IbnPinkerhttps://wikiislam.net/index.php?title=Child_Marriage_in_the_Qur%27an&diff=134328Child Marriage in the Qur'an2022-01-10T20:28:43Z<p>IbnPinker: /* Al-Shawkani */</p>
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<div>{{QualityScore|Lead=4|Structure=3|Content=3|Language=4|References=2}}<br />
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The subject of child marriage per se never arises in the Qur'an. Yet the Qur'an deals indirectly with the topic. The subject of the [['Iddah]] or "(waiting) period" of a woman is dealt with frequently in the Qu'ran. Summarized briefly, the Qur'an lays down strict rules (based largely on the women's menstruation cycles or lack thereof) for how long a woman must wait in between the end of one marriage and the beginning of another, and the purpose in the pre-modern, patriarchal societies in which the [[Shari'ah]] was codified was to ensure that a woman would not marry a new man while pregnant from her last husband and impute fathership of her baby to the wrong husband. Pursuant to these rules the Qur'an in verse 33:49 states that no [['Iddah]] is prescribed for a woman who has ''not'' had intimate contact with her husband, but goes on to stipulate an [['Iddah]] for pre-pubescent girls in verse 65:4, implying that pre-pubescent girls can be divorced, with the implication that it is possible to marry them. This has been interpreted in the orthodox Sunni Muslim tradition to mean that the[[Qur'an]] supports marrying and having sex with prepubescent girls. Despite the discomfort that this causes for modern readers, the conclusion (which is drawn explicitly in sahih hadith and tafsir traditions around this and related Qur'anic verse) seems to be that the Qur'an endorses sexual intercourse (as a part of Islamic marriage) with pre-pubescent girls. <br />
[[File:Women protesters.jpg|right|thumb|300px|March 23, 2010: Women protesters hold up copies of the Qur'an outside parliament in Sanaa while stating that a proposed law banning marriages under the age of 17 in Yemen is un-Islamic<ref>[http://www.irinnews.org/Report.aspx?ReportId=88589 YEMEN: Deep divisions over child brides] - IRIN, March 28, 2010</ref>]] <br />
==Introduction==<br />
<br />
The Qur'an has stipulated a waiting period which women must observe before they can remarry. This waiting period must be observed after they are divorced, or if their husbands have died. In the Qur'an, this is called '<nowiki/>''[[Iddah]]'' or '''Iddat'' (العدة). However, there is one exception to this requirement in Qur'an 33:49:<br />
<br />
{{Quote|{{Quran|33|49}}| {{right|<br />
ياايها الذين امنوا اذا نكحتم المؤمنات ثم طلقتموهن من قبل ان تمسوهن فمالكم عليهن من عدة تعتدونهافمتعوهن وسرحوهن سراحا جميلا<br />
}}<br />
'''Transliteration:''' ''Ya ayyuha allatheena amanoo itha nakahtumu almuminati thumma tallaqtumoohunna min qabli an tamassoohunna fama lakum AAalayhinna min AAiddatin taAAtaddoonaha famattiAAoohunna wasarrihoohunna sarahan jameelan''<br />
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'''Sahih International:''' O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
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From the verse above it is understood that 'Iddah (stipulated waiting period) is required if sexual contact has occurred within the marriage. If a woman is not touched by her husband, she should not have to observe any waiting period at all.<br />
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After the mention of women who have not had their marriage consummated, the Qur'an goes further - discussing the women who need to observe the 'iddah, and the span of time required. We see in Qur'an 65.4: <br />
<br />
{{Quote|{{Quran|65|4}}|{{right|<br />
واللائي يئسن من المحيض من نسائكم ان ارتبتم فعدتهن ثلاثة اشهر واللائي لم يحضن واولات الاحمال اجلهن ان يضعن حملهن ومن يتق الله يجعل له من امره يسرا<br />
}} <br />
'''Transliteration:''' ''Waalla-ee ya-isna mina almaheedi min nisa-ikum ini irtabtum faAAiddatuhunna thalathatu ashhurin waalla-ee lam yahidna waolatu al-ahmali ajaluhunna an yadaAAna hamlahunna waman yattaqi Allaha yajAAal lahu min amrihi yusran''<br />
<br />
'''Sahih International:''' 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. And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease.}}<br />
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Here the 'Iddah is prescribed to three categories of women:<br />
<br />
#First the phrase: “Yaisna min al-maheedhi” يئسن من المحيض which means “those women who are desperate of menses” is an indication to women who reached the stage of menstruation but do not menstruate and of those who reached menopause. Desperate of menses underlines that it concerns women who though reached the age, fail to menstruate too. Their 'Iddah period is three months.<br />
#Next comes, “Wallaee Lam yahidhna” واللائي لم يحضن which means “those who have not menstruated yet” This group of females are pre-pubescent girls who have not yet menstruated. Here the 'Iddah prescribed for them is equal to the previous group of women (ie. three months).<br />
#Lastly, the women who are pregnant - their prescribed 'iddah is until they have given birth.<br />
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==Linguistic Analysis of Verse in Arabic==<br />
<br />
The Qur'an says in Arabic:<br />
<br />
{{Quote|1=[http://quran.al-islam.com/Tafseer/DispTafsser.asp?l=arb&taf=GALALEEN&nType=1&nSora=65&nAya=4 Quran 65:4]<BR>Tafsir from al-Islam.com<br />
|2= {{right|<br />
واللائي لم يحضن فعدتهن ثلاثة أشهر <br />
}}<br />
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"and those who never had menses" (because they are underage)}} <br />
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The transliteration of the verse and the meaning of each portion of the verse is given below:<br />
<br />
''واللائي لم يحضن" فعدتهن ثلاثة أشهر'' <br />
<br />
''Wa Al-Lā'ī Lam Yaĥiđna'' <br />
<br />
''wa'' ( <font size="4">وَ</font> ) = and<br />
<br />
''Al-Lā'ī'' ( <font size="4">وَاللَّائِي</font> ) = for those who<br />
<br />
''Lam'' ( <font size="4">لَمْ </font>) = did not (negation in past tense) <ref name="EB">Elabbas Benmamoun, Arabic morphology: The central role of the imperfective, Lingua 108 (1999) 175-201</ref> <br />
<br />
''Yaĥiđna'' ( <font size="4">يَحِضْنَ</font> ) = menstruate. <br />
<br />
''Yaĥiđna'' comes from the verbal root H-Y-D ( <font size="4">حيض</font> ) which means "to menstruate". <br />
<br />
The addition of prefix "Ya" and suffix "na" to the root "HYD" shows that the word is used in used in third person, feminine gender, plural, imperfective aspect, jussive mood.<ref>[[w:Arabic grammar|Arabic grammar]] - Wikipedia</ref><br />
<br />
The imperfective aspect, according to traditional understanding of classical Arabic grammar, by itself lacks any tense feature (as is true of other classical Semetic languages such as Hebrew). <ref name="EB" /> The tensed negatives like ''lam'' ( <font size="3">لَمْ </font> ) (negation in past tense), ''lan'' ( <font size="3">لن</font> ) (negation in future tense), ''laa'' ( لا) (negation in present tense) combined with imperfective (in different moods) decide the tense in the case of a negative sentence. <br />
<br />
Thus ''lam Yadrus لم يدرس'' = He did not study. The verb is in the imperfect tense, but the partical lam لم conveys a meaning of a simple, negated past. <br />
<br />
In the verse 65:4, '''''Lam Yaĥiđna'' لم يحضن= 'those who did not menstruate'.''' The meaning here is that the females being referred to have not, yet, menstruated, ie they are pre-pubescent. <br />
<br />
The imperfective verb in the with the negation particle ''lam'' ( <font size="3">لَمْ </font> ) (indicating a past-tense meaning) is in the [[w:Grammatical mood#Jussive|Jussive]] mood(يعني المضارع المجزوم). <ref name="EB" /> <br />
<br />
{{Quote||'''The mood is similar to the cohortative mood, in that it expresses plea, insistence, imploring, self-encouragement, wish, desire, intent, command, purpose or consequence.''' In some languages, the two are distinguished in that cohortative occurs in the first person and the jussive in the second or third. It is found in Arabic, where it is called the مجزوم, majzum. The rules governing the jussive in Arabic are somewhat complex. <ref>[[w:Grammatical mood#Jussive|Jussive]] - Wikipedia</ref>|}} <br />
<br />
Supporting these meanings, from Lane's lexicon, ''Lam'' ({{arabic|لم }}) means 'not':<br />
<br />
{{Quote|1=Lane's Lexicon for ''Lam''|2=Lam = ل<br />
<br />lam = Negative particle giving to the present the sense of the perfect; not.<ref>[http://www.studyquran.co.uk/13_LAM.htm Lam = ل] - StudyQuran</ref>}}<br />
<br />
From the Lexicon, Arabic word for Menstruate is 'Haid' ({{arabic|حيض}}):<br />
{{Quote|1= Lane's Lexicon for ''Haa''|2=Ha-Ya-Dad (Ha-Alif-Dad) = To have her courses, menstruate; Her blood flowed from her womb, to attain the age of menstruation, to make a thing flow.<br />
<br />
hada vb. (1) impf. act. 65:4<br />
<br />
mahid n.m. 2:222<br /><br />
Lane's Lexicon, Volume 2, page: 322, 323<ref>[http://www.studyquran.co.uk/9_HAA.htm ح = Ha] - StudyQuran</ref>}}<br />
<br />
It thus follows that 65:4 is describing the state of women have not yet menstruated, which would logically include children or girls before puberty or attainment of [[w:menarche|menarche]] (first period). This implication, as seen below, was also drawn by the majors [[tafsir|tafsirs]]. <br />
<br />
The exact translation of this portion of {{Quran|65|4}} is thus ''"Not menstruated yet"'' ( <font size="4">لَمْ يَحِضْنَ</font> ). In Arabic, the menstruation process is called HaiD( <font size="4">حيض</font> ), and the verb for "to menstruate" is yaHiD( <font size="4">يَحِض</font> ), with the noun likely being derivative of the verb (as with most but not all derivations in Arabic). The LAM ( <font size="4">لَمْ </font> )clearly shows that the verb refers to women who menstruated, and the na ( <font size="4">نَ</font> ) at the end of the verb drives home the point that this verb speaks of women. “Not menstruated yet” or some similar translation is the only acceptable English translation.<br />
<br />
This verse 65:4 is read by the tafsirs as a continuation of Qur'an 33:49. A question that naturally arises from these verses, and which was more or less answered by the mufassiruun, is 'if a woman who has not had sex should not have to observe any Iddah at all, as mentioned in 33:49, what is the reason for the prescribed 'Iddah for those women who have not yet menstruated?' The seems to be that marrying pre-pubescent girls and having sex with them is sanctioned by the Qur'an.<br />
<br />
The phrase found in Qur'an 65:4 as "wallaee lam yaHiDhna" واللائي لم يحضن is sometimes mistranslated by [[apologists]] by apologists to mask the fact that pre-pubescent girls are normally understood as the intended meaning here; the exact meaning of the phrase is clearly understood this way in the [[Tafsir]]<nowiki/>s.<br />
<br />
==Tafsirs of the Verse==<br />
<br />
The classical tafsirs are unanimous that this verse prescribes the 'iddah for a pre-pubscent woman. Although not spelled out explicitly in the verse itself, this meaning is clearly the one that was taken away by the orthodox Sunni muslim exegetical tradition. <br />
<br />
===Sayyid Abul Ala Maududi===<br />
<br />
{{quote |1=[http://www.islamicstudies.info/tafheem.php?sura=65 Commentary on Qur'an Chapter 65:4]<BR>Sayyid Abul Ala Maududi, Tafhim al-Qur'an|2= Here, one should bear in mind the fact that according to the explanations given in the Quran 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 Quran has held as permissible.}}<br />
<br />
Note here what Maududi mentions on giving pre-pubescent girls in marriage and consummating the marriage with them. The interpreter affirms it is permitted by the Qur'an and no Muslims can question or forbid it.<br />
<br />
===Shaykh Muhammad ibn ‘Uthaymeen===<br />
<br />
{{quote |Shaykh Muhammad ibn ‘Uthaymeen, Majmoo’at As’ilah tahumm al-Usrah al-Muslimah, p. 61-63|Surah al-Talaaq 65:4: <br />
If a woman does not menstruate, either because she is very young or old and past menopause, then her ‘iddah is three months, because Allaah says (interpretation of the meaning): “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.<ref>[http://www.islamqa.com/index.php?ln=eng&ds=qa&QR=12667 The ‘iddah of a woman divorced by talaaq] - Islam Q&A, Fatwa No. 12667</ref>}}<br />
<br />
The reason for bringing two more recent scholars is to show that ''nothing has changed'' in the Islamic tenets on marrying and having sex with pre-pubescent girls, even in this modern era.<br />
<br />
==='Ibn Kathir===<br />
<br />
{{quote |1=[http://www.tafsir.com/default.asp?sid=65&tid=54196 The `Iddah of Those in Menopause and Those Who do not have Menses (Qur'an 65:4)]<BR>Tafsir Ibn Kathir |2= 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 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.}}<br />
<br />
===Al-Jalalayn===<br />
<br />
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir al-Jalalayn|2= 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.}}<br />
<br />
===Ibn Abbas===<br />
<br />
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir Ibn Abbas|2= (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.}} <br />
<br />
===Al-Wahidi===<br />
<br />
{{quote |1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Al-Wahidi, Asbab al-nuzul|2= (And for such of your women as despair of menstruation…) [65:4]. Said Muqatil: “When the verse (Women who are divorced shall wait, keeping themselves apart…), Kallad ibn al-Nu‘man ibn Qays al-Ansari said: ‘O Messenger of Allah, '''what is the waiting period of the woman who does not menstruate and the woman who has not menstruated yet?''' And what is the waiting period of the pregnant woman?’ '''And so Allah, exalted is He, revealed this verse”.''' Abu Ishaq al-Muqri’ informed us> Muhammad ibn ‘Abd Allah ibn Hamdun> Makki ibn ‘Abdan> Abu’l-Azhar> Asbat ibn Muhammad> Mutarrif> Abu ‘Uthman ‘Amr ibn Salim who said: “When the waiting period for divorced and widowed women was mentioned in Surah al-Baqarah, Ubayy ibn Ka‘b said: ‘O Messenger of Allah, some women of Medina are saying: there are other women who have not been mentioned!’ He asked him: ‘And who are they?’ He said: '''Those who are too young [such that they have not started menstruating yet]''', those who are too old [whose menstruation has stopped] and those who are pregnant’. And so this verse (And for such of your women as despair of menstruation…) was revealed”.}}<br />
<br />
===Al-Tabari===<br />
<br />
{{Quote|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.'''}}<br />
<br />
===Al-Zamakhshari===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=2&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Al-Zamakhshari, Al-Kashshaaf|2= {{right|<br />
روي أن ناساً قالوا: قد عرفنا عدة ذوات الأقراء، فما عدة اللائي لا يحضن؛ فنزلت: فمعنى إِنِ ٱرْتَبْتُمْ }: إن أشكل عليكم حكمهن وجهلتم كيف يعتددن فهذا حكمهنّ، وقيل: إن ارتبتم في ذم البالغات مبلغ اليأس وقد قدروه بستين سنة وبخمس وخمسين، أهو دم حيض أو استحاضة؟ { فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ } وإذا كانت هذه عدة المرتاب بها، فغير المرتاب بها أولى بذلك '''{ وَٱلَّٰۤئى لَمْ يَحِضْنَ }''' هن الصغائر''' }}<br />
<br />
It is said that people said: we have known the period of the literate people, what is the waiting period of those who do not menstruate; it was revealed its meaning that "if you doubted", ie if the correct judgement is not clear and you do not know how to reckon their 'iddah this is to be the correct judgement. And it is said: if you doubted regarding the women who have despaired of further menstruation (and they estimate this to be 60 or 55 years of age) and they see more blood, is it menstruation or spotting? (Quoting the Qur'an) "Their waiting period is 3 months." And if this is the waiting period for those regarding whom there is doubt, then for those regarding whom there is no doubt, (quoting the Qur'an) "and for those how have not menstruated yet", these are the small female children. }}<br />
<br />
The bold text means “Those who have not menstruated” are young girls.<br />
<br />
===Tabrasi===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=3&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=7&Size=1&LanguageId=1 Qur'an 65:4]<BR>Tabrasi|2= {{right|{واللآئي لم يحضن}<br />
<br />
تقديره واللآئي لم يحضن إن ارتبتم فعدتهن أيضاً ثلاثة أشهر وحذف دلالة الكلام الأول عليه وهن اللواتي '''لم يبلغن''' المحيض ومثلهن تحيض على ما مرَّ بيانه.}}<br />
<br />
"And those who have not yet menstruated" ie for those who have not yet menstruated, if you doubted, their waiting period is three months, negating the reference to the previous verse, these are those women who have not yet reached the age of menstruation and those like them who's menstruation escapes observation. }}<br />
<br />
The bold text translates as “They are those who haven’t reached the age of menstruation”. Tabrasi comments on the phrase “Wallaee Lam yahidhna” = “Those who have not menstruated yet” in the verse.<br />
<br />
===Al-Shawkani===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=9&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=3&Size=1&LanguageId=1 Qur'an 65:4]<BR>Al-Shoukani, Fath al-Qadir|2= {{right|<br />
{ فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ '''وَٱللاَّئِى لَمْ يَحِضْنَ } لصغرهن، وعدم بلوغهن سن المحيض،''' أي: فعدتهن ثلاثة أشهر }}<br />
<br />
Due to their youth, and their lack of reaching the age of menstruation (i.e. puberty), i.e. their waiting period is 3 months, (quoting the Qur'an) "their waiting period is 3 month and [the same is the case for] those who have not menstruated yet"). }}<br />
<br />
The bold part translated as: “Those who have not menstruated yet” are young girls who have not reached the age of menstruation.<br />
<br />
===Abu-Hayyan===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=19&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Abu-Hayyan|2= {{right|{واللائي لم يحضن }<br />
<br />
<br />
،فالعدة هذه، فتلخص في قوله: { إن ارتبتم } قولان: أحدهما، أنه على ظاهر مفهوم اللغة فيه، وهو حصول الشك؛ والآخر، أن معناه التيقن للإياس؛ والقول الأول معناه: إن ارتبتم في دمها، أهو دم حيض أو دم علة؟ أو إن ارتبتم في علوق بحمل أم لا؛ أو إن ارتبتم: أي جهلتم عدتهن، أقوال. والظاهر أن قوله: واللائي '''لم يحضن''' } يشمل من لم يحض لصغر، }}<br />
<br />
As for the waiting period, it is summed up in its saying (quoting the Qur'an) "if you doubted", with two meanings: one of them, which appears exceedingly understandable, 'this is in the case of doubt'; and the other, whose meaning is certainly "have reached to the point of despair." The meaning of the first: if you doubted her blood, is it menstrual blood or caused by an illness or health irregularity? Or perhaps if you suspect a calamity (miscarriage) has happened or not? Or the verses which are for if you are not sure of their waiting period. And this much is clear: (quoting the Qur'an) 'as for those who have not yet menstruated.' This includes those who have not menstruated due to their young age. }}<br />
<br />
The bold: “Those who have not menstruated yet” denotes those not menstruated because of being young.<br />
<br />
==Evidence from the Hadith==<br />
<br />
From Imam Bukhari in his book of Tafsir and hadith collections:<br />
<br />
{{Quote|[http://bewley.virtualave.net/bukhari33.html Sahih Al-Bukhari, Chapter 68: Book of Tafsir]|'''CCCLXXXIV: The Tafsir of Surat at-Talaq'''<BR><BR>Mujahid said that "if you have any doubt" (65:4) means if you do not know whether she menstruates or not. Those who do not longer menstruate and '''those who have not yet menstruated, their 'idda is three months'''.}}<br />
<br />
{{Quote|{{cite web quotebox|url= http://archive.org/download/SahihAl-bukhari9Vol.Set/SahihAl-bukhariVol.7-Ahadith5063-5969.pdf|title= The Translation of the Meanings of Sahih Al-Bukhari|publisher= Dar-us-Salam Publications|isbn= 9960-717-38-0|author= Al-Bukhari (au.), Muhammad M. Khan (tr.)|date= June 1, 1997|series=vol. 7, book 67, ch. 39|page= 57|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Farchive.org%2Fdownload%2FSahihAl-bukhari9Vol.Set%2FSahihAl-bukhariVol.7-Ahadith5063-5969.pdf&date=2013-08-13|deadurl=no}}|'''(39) CHAPTER. Giving one's young children in marriage (is permissible).''' <br />
<br />
By virtue of the Statement of Allah : "...and for those who have no (monthly) <br />
courses (i.e. they are still immature).. (V.65:4) And the 'Idda for the girl before puberty is <br />
three months (in the above Verse). <br />
<br />
'''5133.''' Narrated 'Aishah; that the Prophet wrote the marriage contract with 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).}}<br />
<br />
From Sahih Muslim:<br />
<br />
{{Quote|Capter heading for {{Muslim|8|3309}} to {{Muslim|8|3311}}|Chapter 10: It is permissible for the father to give the hand of his daughter in marriage '''even when she is not fully grown''' up.}}<br />
<br />
The following Muwatta hadith shows it's permissible to marry girls who have not reached puberty:<br />
<br />
{{quote|{{Muwatta|29|33|108|}}|<br />
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."<br />
<br />
'''Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies." '''<br />
<br />
Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.''<br />
<br />
Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."}}<br />
<br />
The following is from Fath al-Bari, the most authoritative commentary on Sahih Al-Bukhari:<br />
<br />
{{Quote|1=|2= {{right|<br />
واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ ) أي فدل على أن نكاحها قبل البلوغ جائز <br />
}}<br />
<br />
"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."<ref>[http://hadith.al-islam.com/display/Display.asp?Doc=0&Rec=7644 Al-Islam (Arabic text)]</ref><ref>[http://www.islamweb.net/newlibrary/display_book.php?idfrom=9381&idto=9382&bk_no=52&ID=2847 IslamWeb (Arabic text)]</ref>}}<br />
<br />
==Recent Fatwas==<br />
<br />
IslamOnline.net is one of the most popular Islamic fatwa sites on the internet. The following excerpt is taken from a December 2010 fatwa.<br />
<br />
{{Quote|1=[http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamonline.net%2Far%2FIOLCounsel_C%2F1278406761316%2F1278406720653%2F%D9%87%D9%84-%D9%8A%D8%AC%D9%88%D8%B2-%D8%AA%D8%AD%D8%AF%D9%8A%D8%AF-%D8%B3%D9%86-%D8%B2%D9%88%D8%A7%D8%AC-%D9%84%D9%84%D9%81%D8%AA%D9%8A%D8%A7%D8%AA%D8%9F-&date=2011-02-03 Is it permissible to restrict the age at which girls can marry?]<BR>Submitted by Ahmad, IslamOnline, December 24, 2010|2=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.}}<br />
<br />
{{Quote|1=[http://www.webcitation.org/61C5nBLpe <!-- original URL http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=88089 -->Child marriage in Islam]<BR>Islamweb, Fatwa No. 88089, June 24, 2004|2='''Getting married at an early age is something that is confirmed by the book of Allah''', the Sunnah of his Prophet (Sallallahu Alaihi wa Sallam), the consensus of the scholars and the actions of the companions, and the Muslims who came after them. <br />
<br />
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. <br />
<br />
The evidence from the Qur'an is: <br />
<br />
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)<br />
<br />
So, '''Allah set rulings of marriage, divorce and waiting period for the women who have not yet had menses, i.e. the young girls'''.<br />
<br />
The Iddah (waiting period) does not take place except after marriage.}}<br />
<br />
==Modern Views and Perspectives on the Meaning of Qur'an 65:4==<br />
<br />
===The Qur'an prohibits marriage to pre-pubescent females===<br />
<br />
Some Modern [[dawah|du'aah]] who decry the traditional sources as endorsing pedophilia often take issue with the interpretation of the wording of Qur'an 65:4 in these source. They see the verse as limited to women of current-day adulthood and not pre-pubescent women (again taking as a starting point modern modes of understanding "adulthood" for women.<ref>{{Cite web| title = Does verse 65:4 encourage child marriage?| author = Abu Amina Elias AKA Justin Parrott| work = Faith in Allah الإيمان بالله "Any practice that causes harm to children is unlawful in Islam."| date = | access-date = 6 January 2022| url = https://www.abuaminaelias.com/verse-65-4-child-marriage/| quote = }}</ref>. Qur'an 4:6 is often leveraged as part of this argument:<br />
<br />
{{quote|{{Qtt|4|6}}|<br />
{{right|وابتلوا اليتامى حتى اذا بلغوا النكاح فان انستم منهم رشدا فادفعوا اليهم اموالهم ولاتاكلوها اسرافا وبدارا ان يكبروا ومن كان غنيا فليستعفف ومن كان فقيرا فلياكل بالمعروف فاذا دفعتم اليهم اموالهم فاشهدوا عليهم وكفى بالله حسيبا<br />
}}<br />
<br />
'''Transliteration:''' Waibtaloo alyatama hatta itha balaghoo aln'''nikaha''' fa-in anastum minhum rushdan faidfaAAoo ilayhim amwalahum wala ta/kulooha israfan wabidaran an yakbaroo waman kana ghaniyyan falyastaAAfif waman kana faqeeran falya/kul bialmaAAroofi fa-itha dafaAAtum ilayhim amwalahum faashhidoo AAalayhim wakafa biAllahi haseeban<br />
<br />
'''Yusuf Ali:''' Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is Allah in taking account. <br />
<br />
'''Pickthal:''' Prove orphans till they reach the marriageable age; then, if ye find them of sound judgment, deliver over unto them their fortune; and devour it not by squandering and in haste lest they should grow up Whoso (of the guardians) is rich, let him abstain generously (from taking of the property of orphans); and whoso is poor let him take thereof in reason (for his guardianship). And when ye deliver up their fortune unto orphans, have (the transaction) witnessed in their presence. Allah sufficeth as a Reckoner.<br />
<br />
'''Shakir:''' And test the orphans until they attain puberty; then if you find in them maturity of intellect, make over to them their property, and do not consume it extravagantly and hastily, lest they attain to full age; and whoever is rich, let him abstain altogether, and whoever is poor, let him eat reasonably; then when you make over to them their property, call witnesses in their presence; and Allah is enough as a Reckoner.}}<br />
<br />
The word [[Nikah]] can have multiple understandings:<br />
<br />
#According to the Islamic Shar'iah, "Nikah" is a technical term, whose Shar'i (Islamic legal) meaning is "the consumation of a marriage through vaginal intercourse" and in many Islamic languages and cultures, such as Urdu speaking Muslims in South Asia, this by extension merely means "(Islamic) marriage." In Arabic, though , ''Zuwaaj'' زواج<ref>[http://www.studyquran.co.uk/28_ZAY.htm Lane's Lexicon - Zay-Waw-Jiim]</ref> is the specific word for just "marriage" (although the contract of marriage which both parties sign is called "'aqd an-nikaah" عقد النكاح), but the Qur'an uses both words in reference to marrying women; Nikaah for human females and Zuwaaj for the Houris.<br />
#The underlying, literal meaning of "Nikaah" in Arabic language is vaginal, "[[Nikah (Sexual Consummation of Marriage)|Sexual Intercourse]]"<br />
<br />
Few Modern du'aah use this word "Nikaah" in this verse to mean "marriage" (i.e. till they (the orphans) reach the age of marriage). Their argument is that this verse links the age of "Nikaah" with "becoming sound in Judgement to take care of the property", and thus a child's Nikaah is impossible while a child does not have the sound judgement to take care of his/her property. <br />
<br />
But contrary to these modern Islamic advocates, the traditional view of Muslim 'ulamaa' of the last 1400 years was that word "Nikaah" had been used in it's literal meaning here (i.e. reaching the age where they are able to do the sexual intercourse). And their arguments are as follows:<br />
<br />
Firstly, this verse is talking about the "male orphans" and not about the "female orphans". It becomes evident from the Arabic word بَلَغُوا (balaghū) in this verse, and the Arabic grammar used in it is (3rd person '''masculine''' plural perfect verb). This Arabic grammar could be seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=4&verse=6 Corpus Quran Website]. <br />
<br />
Thus the exact translation of this verse becomes: "''And test the ('''male''') orphans until they reach the age of (doing) the '''sexual intercourse (i.e. Nikah)'''. Then if you perceive in them sound judgement, release their property to them ...''."<br />
<br />
Secondly, it becomes even more evident from another verse of Quran 17:34:<br />
<br />
{{Quote|{{Quran|17|34}}|وَلَا تَقْرَبُوا۟ مَالَ ٱلْيَتِيمِ إِلَّا بِٱلَّتِى هِىَ أَحْسَنُ حَتَّىٰ يَبْلُغَ '''أَشُدَّهُۥ''' ۚ </br><br />
Come not nigh to the orphan's property except to improve it, until he attains the age of '''full strength'''}}<br />
<br />
The word أَشُدَّهُ (full strength) in this verse means the age when a young boy starts feeling the desire/strength of doing sexual intercourse. <br />
<br />
And the Arabic grammar in the word يَبْلُغَ in this verse is '''"3rd person masculine singular imperfect verb"''', which again points out that this verse is talking about the "male orphans" only. This Arabic grammar could be again seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=17&verse=34 Corpus Quran Website].<br />
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It should be noted that:<br />
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*As far as Shari'i 'aqd an-Nikaah (marriage) is concerned, then there is no condition present in it of reaching the أَشُدَّهُ (i.e. Strength to do the intercourse).<br />
*And the proof is that Muhammad himself did the Shari'i Nikah with 'Aisha, when she was only 6 years old.<br />
*And no one tests a 6 years old child for handing over his/her property to him/her, as 6 years old child has neither أَشُدَّهُ (Strength/Desire) nor he/she has any kind of "sound judgement" to look after his/her property.<br />
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Thus, the Shar'i Nikah has nothing to do with the أَشُدَّهُ (strength), as Muhammad did this Shar'i Nikah with 6 years 'Aisha. <br />
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Actually, even at the age of 9, when 'Aisha finally came to the house of Muhammad for the consummation of marriage, still she was not mentally sound enough to look after any property or business. It is evident from the following hadith:<br />
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{{Quote|{{Bukhari|||6130|darussalam}}|Narrated `Aisha:<br />
<br />
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 (ﷺ) used to enter (my dwelling place) they used to hide themselves, but the Prophet would call them to join and play with me.}}<br />
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According to Islamic Sharia:<br />
<br />
*When a girl reaches puberty, then she herself gets the right to give her consent for the marriage, or to deny the marriage.<br />
*But if she is a minor or prepubescent girl, then her father/guardian could wed her to anyone even without her consent<ref>[https://islamqa.info/en/answers/12708/is-it-acceptable-to-marry-a-girl-who-has-not-yet-started-her-menses The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. Fatwa Website Islam Q&A.] </ref>.<br />
*And if she is a prepubescent and also an orphan, then her guardian has the right to wed her with himself (even without her consent), in order to get her property and the wealth.<br />
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It is evident from the following hadith: <br />
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{{Quote|{{Bukhari|||5064|darussalam}}|Narrated 'Urwa:<br />
<br />
that he asked `Aisha about the Statement of Allah: '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) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! '''(This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr''', and they are ordered to marry other women instead of them."}}<br />
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And it is also evident from the following Quranic Verse: <br />
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{{Quote|{{Quran|4|127}}|You also read them (the guardians) in the Book concerning orphaned women (in your charge) '''to whom you deny their ordained rights and yet wish to take them in marriage''', as well as in respect of helpless children, that you should be just in the matter of orphans." The good you do is known to God.}}<br />
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Thus a prepubescent girl is practically at the mercy of her guardian, and he could marry her to himself, even without her consent, and even for very little Mahr price. <br />
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The Tafsir's agree with this understanding of 4:6:<br />
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{{quote|1=[http://tafsir.com/default.asp?sid=4&tid=10463 Giving Back the Property of the Orphans When They Reach Adulthood (Qur'an 4:6)]<BR>Tafsir Ibn Kathir|2=<br />
'''Giving Back the Property of the Orphans When They Reach Adulthood'''<br />
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Allah said,<br />
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[وَابْتَلُواْ الْيَتَـمَى]<br />
}}<br />
(And test orphans) meaning, test their intelligence, as Ibn `Abbas, Mujahid, Al-Hasan, As-Suddi and Muqatil bin Hayyan stated.<br />
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[حَتَّى إِذَا بَلَغُواْ النِّكَاحَ]<br />
}}<br />
(until they reach the age of marriage), the age of puberty, according to Mujahid. The age of puberty according to the majority of scholars comes when the child has a wet dream. In his Sunan, Abu Dawud recorded that `Ali said, "I memorized these words from the Messenger of Allah ,<br />
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«لَا يُتْمَ بَعْدَ احْتِلَامٍ، وَلَا صُمَاتَ يَوْمٍ إِلَى اللَّيْل»<br />
}}<br />
(There is no orphan after the age of puberty nor vowing to be silent throughout the day to the night.) In another Hadith, `A'ishah and other Companions said that the Prophet said,<br />
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«رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ، عَنِ الصَّبِيِّ حَتَّى يَحْتَلِمَ، وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ، وَعَنِ الْمَجْنُونِ حَتَّى يُفِيق»<br />
}}<br />
s(The pen does not record the deeds of three persons: the child until the age of puberty, the sleeping person until waking up, and the senile until sane.) Or, the age of fifteen is considered the age of adolescence. In the Two Sahihs, it is recorded that Ibn `Umar said, "I was presented in front of the Prophet on the eve of the battle of Uhud, while I was fourteen years of age, and he did not allow me to take part in that battle. But I was presented in front of him on the eve of the battle of Al-Khandaq (The Trench) when I was fifteen years old, and he allowed me (to join that battle).'' `Umar bin `Abdul-`Aziz commented when this Hadith reached him, "This is the difference between a child and an adult.'' There is a difference of opinion over whether pubic hair is considered a sign of adulthood, and the correct opinion is that it is. The Sunnah supports this view, according to a Hadith collected by Imam Ahmad from `Atiyah Al-Qurazi who said, We were presented to the Prophet on the day of Qurizah, whoever had pubic hair was killed, whoever did not was left free to go, I was one of those who did not, so I was left free.'' The Four Sunan compilers also recorded similar to it. At-Tirmidhi said, "Hasan Sahih.'' Allah's statement,<br />
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[فَإِنْ ءَانَسْتُمْ مِّنْهُمْ رُشْداً فَادْفَعُواْ إِلَيْهِمْ أَمْوَلَهُمْ]<br />
}}<br />
(if then you find sound judgment in them, release their property to them,) Sa`id bin Jubayr said that this portion of the Ayah means, when you find them to be good in the religion and wise with their money. Similar was reported from Ibn `Abbas, Al-Hasan Al-Basri and others among the Imams. The scholars of Fiqh stated that when the child becomes good in the religion and wise concerning with money, then the money that his caretaker was keeping for him should be surrendered to him.}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsir al-Jalalayn|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
Try, test, well the orphans, before reaching maturity with regard [the duties of] religion and [before] they can [legally] manage their own affairs, until they reach the age of marrying, that is, until they have become eligible for it through puberty or [legal] age, which, according to al-Shāfi‘ī, is the completion of fifteen years; then, if you perceive in them maturity, that is, right [judgement] in matters of religion and their property, deliver their property to them; consume it not, O guardians, wastefully, without due merit, and in haste, that is, hastening to expend it, fearing, lest they should grow up, and become mature, at which time you will be obliged to hand it over to them. If any man, who is a guardian, is rich, let him be abstinent, that is, let him abstain from the orphan’s property and refrain from consuming it; if he is poor, let him consume, of it, honourably, that is, in line with the wage for his work. And when you deliver to them, the orphans, their property, take witnesses over them, that they have received it and that you are absolved [of the obligation], so that if any dispute occurs, you are able to refer to a clear proof: this is a command [intended] for guidance. God suffices as a reckoner, as a guardian of His creatures’ deeds and as a reckoner of these [deeds] (the bā’ [in bi’Llāhi] is extra).}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsîr Ibn Abbas|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
(Prove orphans) test the intelligence of orphans (till they reach the marriageable age) the age of puberty; (then, if ye find them of) if you see that they possess (sound judgement) righteousness in Religion and a tendency to protect their wealth, (deliver over unto them their fortune) then give their wealth which is with you; (and devour it not squandering) it in transgression and unlawfully (and in haste) in haste lest the orphan grows older and consumes it little by little (lest they should grow up) for fear that they grow older and stop you from devouring their wealth. (Whoso (of the guardians) is rich) and needs not the orphan's wealth, (let him abstain generously) because of his richness from taking of the property of orphans, nor should he diminish anything from their wealth; (and whoso is poor) and needy (let him take thereof in reason (for his guardianship)) in measure, such that he is not in need for the wealth of orphans; it is also said that this means: he should take from the wealth of orphans in proportion with the measure of his work regarding this wealth; and it is also said that this means: he can take from the wealth of orphans as a loan to be paid back. (And when ye deliver up their fortune unto orphans) when they reach the legal age, (have (the transaction) witnessed in their presence) when you deliver it to them. (Allah sufficeth as a Reckoner) Allah suffices as a witness. This verse was revealed about Thabit Ibn Rifa'ah al-Ansari.}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Al-Wahidi, Asbab Al-Nuzul|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
(Prove orphans…) [4:6]. This was revealed about Thabit ibn Rifa‘ah and his uncle. Rifa‘ah died when his son Thabit was very young. The uncle of Thabit went to the Messenger of Allah, Allah bless him and give him peace, and said: “The son of my brother is an orphan under my care, what is lawful for me from his wealth? And when should I give him back his wealth?” And so Allah, exalted is He, revealed this verse.}}<br />
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===The Arabic word “Nisaa'” does not refer to young females===<br />
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Some defenders of the Qur'an, speaking in English, claim that the Qur'an only uses the word ''Nisaa''' to refer to mature, adult women, therefore 65:4 cannot be talking about pre-pubescent females.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = Kaleef K. Karim| work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = that the Arabic word ‘Nisa’ could also refer to ‘female children’. Let us take a look in Arabic-English dictionaries. The Arabic word ‘Nisa’ has been used 59 times in the Quran. Not once has the word ‘Nisa’ been used for a ‘child(ren)’, it has always referred to mature adult women. Dr. Rohi Baalbaki, says in Al-Mawrid: A modern Arabic-English Dictionary:}}</ref> This linguistic argument does not hold water, even just on the basis of the Qur'an itself as a text. The word merely means "women/females" and can refer to mixed groups of women of various ages, as the English "female" or "women." Here are some verses that use the word ''"nisaa'"'':<br />
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{{Quote|{{Quran|2|49}}|وَإِذْ نَجَّيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ يُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith najjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' And remember, We delivered you from the people of Pharaoh: They set you hard tasks and punishments, slaughtered your sons and let your women-folk live; therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|7|127}}|وَقَالَ ٱلْمَلَأُ مِن قَوْمِ فِرْعَوْنَ أَتَذَرُ مُوسَىٰ وَقَوْمَهُۥ لِيُفْسِدُوا۟ فِى ٱلْأَرْضِ وَيَذَرَكَ وَءَالِهَتَكَ ۚ قَالَ سَنُقَتِّلُ أَبْنَآءَهُمْ وَنَسْتَحْىِۦ نِسَآءَهُمْ وَإِنَّا فَوْقَهُمْ قَٰهِرُونَ<br />
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'''Transliteration:''' ''Waqala almalao min qawmi firawna atatharu moosa waqawmahu liyufsidoo fee alardi wayatharaka waalihataka qala sanuqattilu abnaahum wanastahyee '''Nisa'''ahum wainna fawqahum qahiroona'' <BR><BR><br />
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'''Yusuf Ali:''' Said the chiefs of Pharaoh’s people: “Wilt thou leave Moses and his people, to spread mischief in the land, and to abandon thee and thy gods?” He said: “Their male children will we slay; (only) their females will we save alive; and we have over them (power) irresistible."}}<br />
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{{Quote|{{Quran|7|141}}|وَإِذْ أَنجَيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ ۖ يُقَتِّلُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith anjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuqattiloona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' And remember we rescued you from Pharaoh’s people, who afflicted you with the worst of penalties, who slew your male children and saved alive your females: in that was a momentous trial from your Lord.}}<br />
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{{Quote|{{Quran|14|6}}|وَإِذْ قَالَ مُوسَىٰ لِقَوْمِهِ ٱذْكُرُوا۟ نِعْمَةَ ٱللَّهِ عَلَيْكُمْ إِذْ أَنجَىٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ وَيُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith qala moosa liqawmihi othkuroo niAAmata Allahi AAalaykum ith anjakum min ali firawna yasoomoonakum sooa alAAathabi wayuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' Remember! Moses said to his people: “Call to mind the favour of Allah to you when He delivered you from the people of Pharaoh: they set you hard tasks and punishments, slaughtered your sons, and let your females live: therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|40|25}}|فَلَمَّا جَآءَهُم بِٱلْحَقِّ مِنْ عِندِنَا قَالُوا۟ ٱقْتُلُوٓا۟ أَبْنَآءَ ٱلَّذِينَ ءَامَنُوا۟ مَعَهُۥ وَٱسْتَحْيُوا۟ نِسَآءَهُمْ ۚ وَمَا كَيْدُ ٱلْكَٰفِرِينَ إِلَّا فِى ضَلَٰلٍ<br />
<br />
'''Transliteration:''' ''Falamma jaahum bialhaqqi min AAindina qaloo oqtuloo abnaa allatheena amanoo maAAahu waistahyoo '''Nisa'''ahum wama kaydu alkafireena illa fee dalalin''<BR><BR><br />
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'''Yusuf Ali:''' Now, when he came to them in Truth, from Us, they said, "Slay the sons of those who believe with him, and keep alive their females," but the plots of Unbelievers (end) in nothing but errors (and delusions)!...}}<br />
<br />
In the above verses, the word ''"Nisaa'"'' is referring to female infants. The biblical original of this story, which the Qur'an relies upon and which commentary on the Qur'an confirms in this case, <br />
<br />
{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:15-16;&version=49; Exodus 1:15-16]|2=<br />
<br />
וַיֹּ֨אמֶר֙ מֶ֣לֶךְ מִצְרַ֔יִם לַֽמְיַלְּדֹ֖ת הָֽעִבְרִיֹּ֑ת אֲשֶׁ֨ר שֵׁ֤ם הָֽאַחַת֙ שִׁפְרָ֔ה וְשֵׁ֥ם הַשֵּׁנִ֖ית פּוּעָֽה:וַיֹּ֗אמֶר בְּיַלֶּדְכֶן֙ אֶת־הָ֣עִבְרִיּ֔וֹת וּרְאִיתֶ֖ן עַל־הָֽאָבְנָ֑יִם אִם־בֵּ֥ן הוּא֙ וַֽהֲמִתֶּ֣ן אֹת֔וֹ וְאִם־בַּ֥ת הִ֖וא וָחָֽיָה:<br />
<br />
<br />
''"And the king of Egypt spoke to the Hebrew midwives, of whom the name of the one was Shiphrah, and the name of the other Puah; and he said: ‘When ye do the office of a midwife to the Hebrew women, ye shall look upon the birthstool: if it be a son, then ye shall kill him; but if it be a daughter, then she shall live.’''}}<br />
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{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:22;&version=49; Exodus 1:22]|2=<br />
כבוַיְצַ֣ו פַּרְעֹ֔ה לְכָל־עַמּ֖וֹ לֵאמֹ֑ר כָּל־הַבֵּ֣ן הַיִּלּ֗וֹד הַיְאֹ֨רָה֙ תַּשְׁלִיכֻ֔הוּ וְכָל־הַבַּ֖ת תְּחַיּֽוּן:<br />
<br />
<br />
''And Pharaoh charged all his people, saying: ‘Every son that is born ye shall cast into the river, and every daughter ye shall save alive.''}}<br />
<br />
Moreover the Quran itself clarifies “Who the ''Nisa'' are”. <br />
<br />
{{Quote|{{Quran|4|127}}|{{right|<br />
ويستفتونك في النساء قل الله يفتيكم فيهن ومايتلى عليكم في الكتاب في يتامى النساء اللاتي لاتؤتونهن ماكتب لهن وترغبون ان تنكحوهن والمستضعفين من الولدان وان تقوموا لليتامى بالقسط وماتفعلوا من خير فان الله كان به عليما }}<br />
<br />
'''Transliteration:''' ''Wayastaftoonaka fee alnnisa-i quli Allahu yufteekum feehinna wama yutla AAalaykum fee alkitabi fee yatama alnnisa-i allatee la tu/toonahunna ma kutiba lahunna watarghaboona an tankihoohunna waalmustadAAafeena mina alwildani waan taqoomoo lilyatama bialqisti wama tafAAaloo min khayrin fa-inna Allaha kana bihi AAaleeman'' <br />
<br />
'''Literal:''' And they ask for your opinion/clarification about the women, say: "God decreed/clarifies in them (F), and what is read/recited on you in The Book in the women orphans/minors that lose their father, those who (F) you did not give them (F) what was written/dictated to them (F), and you desire that you marry them (F), and the weakened from the children/newborns, and that you take care of to the orphans/minors that lose their father with the just/equitable; and what you make/do from goodness, so that God was/is with it knowledgeable."<ref>[{{Reference archive|1=http://iknowledge.islamicnature.com/quran/surah/4/lang/englishliteral/|2=2011-11-27}} 4. An-Nisa - Women (سورة النساء) - Revealed in Madinah (English: Literal)] - IslamicNature, accessed November 27, 2011</ref>}}<br />
<br />
Here Muhammad is asked who the "Nisaa'" were, and the response delineates who they are:<br />
<br />
#Orphans<br />
#Female wards<br />
#Those you desire to marry<br />
#The weakened from the children or new born.<br />
<br />
===65.4 talks only of the 'Iddah and not of sexual activity===<br />
<br />
One point of focus for modern commentators, seeking to defend the Qur'an from the charge of endorsing pedophilia, is that 65:4 does not explicitly discuss consummation or other sexual activity in regards to any of the females discussed in the verse; it merely sets the prescribed 'Iddah required for each.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = | work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = }}</ref>The 'iddah (prescribed waiting period) for females is required after a divorce or widowing, so that a child's father can be correctly identified. In addition to multiple tafsir and hadith traditions on 65:4, this is also established in Qur'an 33:49: <br />
<br />
<br /><br />
{{Quote|{{Quran|33|49}}|<br />
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَٰتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا<br />
<br />
O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
<br />
The tafsirs further expound on the meaning of the 'iddah according to this verse:<br />
<br />
{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=1841&Itemid=89#1 A Gift and no (Iddah) for Women Who are divorced before Consummation of the Marriage (Qur'an 33:49)]<BR>Tafsir Ibn Kathir|2= {{right|<br />
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)}}<br />
<br />
49. O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no `Iddah have you to count in respect of them. So, give them a present, and set them free in a handsome manner.)<br />
<br />
This Ayah contains many rulings, including the use of the word Nikah for the marriage contract alone. There is no other Ayah in the Qur'an that is clearer than this on this point. It also indicates that it is permissible to divorce a woman before consummating the marriage with her.<br />
{{right|<br />
(الْمُؤْمِنَـتِ)<br />
}}<br />
(believing women)<br />
This refers to what is usually the case, although there is no difference between a believing (Muslim) woman and a woman of the People of the Book in this regard, according to scholarly consensus. Ibn `Abbas, may Allah be pleased with him, Sa`id bin Al-Musayyib, Al-Hasan Al-Basri, `Ali bin Al-Husayn Zayn-ul-`Abidin and a group of the Salaf took this Ayah as evidence that divorce cannot occur unless it has been preceded by marriage, because Allah says,<br />
{{right|<br />
(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
}}<br />
(When you marry believing women, and then divorce them) <br />
<br />
The marriage contract here is followed by divorce, which indicates that the divorce cannot be valid if it comes first. Ibn Abi Hatim recorded that Ibn `Abbas, may Allah be pleased with him, said, "If someone were to say, `every woman I marry will ipso facto be divorced,' this does not mean anything, because Allah says:<br />
{{right|<br />
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
}}<br />
(O you who believe! When you marry believing women, and then divorce them....).'' It was also reported that Ibn `Abbas, may Allah be pleased with him, said: "Allah said,<br />
{{right|<br />
(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
}}<br />
(When you marry believing women, and then divorce them.) Do you not see that divorce comes after marriage'' A Hadith to the same effect was recorded from `Amr bin Shu`ayb from his father from his grandfather, who said: "The Messenger of Allah said:<br />
{{right|<br />
«لَا طَلَاقَ لِابْنِ آدَمَ فِيمَا لَا يَمْلِك»<br />
}}<br />
(There is no divorce for the son of Adam with regard to that which he does not possess.) This was recorded by Ahmad, Abu Dawud, At-Tirmidhi and Ibn Majah. At-Tirmidhi said, "This is a Hasan Hadith, and it is the best thing that has been narrated on this matter.'' It was also recorded by Ibn Majah from `Ali and Al-Miswar bin Makhramah, may Allah be pleased with them, that the Messenger of Allah said:<br />
{{right|<br />
«لَا طَلَاقَ قَبْلَ نِكَاح»<br />
}}<br />
(There is no divorce before marriage.)<br />
{{right|<br />
(فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا)<br />
}}<br />
(no `Iddah have you to count in respect of them.) This is a command on which the scholars are agreed, that if a woman is divorced before the marriage is consummated, she does not have to observe the `Iddah (prescribed period for divorce) and she may go and get married immediately to whomever she wishes. The only exception in this regard is a woman whose husband died, in which case she has to observe an `Iddah of four months and ten days even if the marriage was not consummated. This is also according to the consensus of the scholars.<br />
{{right|<br />
(فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
(So, give them a present, and set them free in a handsome manner.) The present here refers to something more general than half of the named dowery or a special gift that has not been named. Allah says:<br />
{{right|<br />
(وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ)<br />
}}<br />
(And if you divorce them before you have touched (had a sexual relation with) them, and you have fixed unto them their due (dowery) then pay half of that) (2:237). And Allah says:<br />
{{right|<br />
(لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ)<br />
}}<br />
(There is no sin on you, if you divorce women while yet you have not touched them, nor fixed unto them their due (dowery). But bestow on them gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.) (2:236) pIn Sahih Al-Bukhari, it was recorded that Sahl bin Sa`d and Abu Usayd, may Allah be pleased with them both, said, "The Messenger of Allah married Umaymah bint Sharahil, and when she entered upon him he reached out his hand towards her, and it was as if she did not like that, so he told Abu Usayd to give her two garments.'' `Ali bin Abi Talhah reported that Ibn `Abbas, may Allah be pleased with him, said "If the dowery had been named, she would not be entitled to more than half, but if the dowery is not been named, he should give her a gift according to his means, and this is the "handsome manner.''}}<br />
<br />
{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir al-Jalalayn|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
O you who believe if you marry believing women and then divorce them before you have touched them (read tamassūhunna or tumāsūhunna) that is, before you have copulated with them, there shall be no [waiting] period for you to reckon against them, [no] waiting period [needed to preclude pregnancy] or otherwise. But provide for them, give them what they can use for [securing] comforts, in cases where no dowry has been fixed for them; otherwise theirs is to retain half of what was fixed, but no more — this is what Ibn ‘Abbās said and it is [the opinion] followed by al-Shāfi‘ī’; and release them in a gracious manner, leave them be without [the intention to cause them any] harm.}}<br />
<br />
{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir 'Ibn Abbas|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
(O ye who believe! If ye wed believing women) without naming the amount of their dowry (and divorce them before ye have touched them) before you had sexual intercourse with them, (then there is no period that ye should reckon) by counting the months or the periods of menstruation. (But content them) as is due by divorce by giving them at least a scarf or shawl (and release them handsomely) divorce them without any harm done to them.}}<br />
<br />
This verse effectively removes the apologist's objection to Qur'an 65.4 as we see clearly that if a man has not consummated his marriage with his wife then she does not need to observe an 'iddah. If Qur'an 65.4 specifies that pre-pubescent females must observe a 3 month 'iddah then clearly sexual intercourse is halal to Allah.<br />
<br />
===This verse is only talking about adult women who don't know if they are pregnant===<br />
<br />
The very reason 65:4 was revealed in the first place, was as a clarification to an existing revelation by Allah. Allah had already revealed that women must wait 3 menstrual periods before they can end the 'iddat and be free to marry again. This is in Qur'an 2:228:<br />
<br />
{{quote|{{Quran|2|228}}|'''And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs''', if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and Allah is Mighty, Wise. }}<br />
<br />
However, after this, Muslim men went to Muhammad to ask about those who did not presently have their menses - how do they measure the 'iddat in those cases? It is in this circumstance that Allah sent down the clarification (65:4) for the three groups of women that did not have menstruation, therefore they could not wait the '3 menstrual cycles' as mandated by Qur'an 2:228.<br />
<br />
Those Muslims who make this claim are ignoring what all of their own scholars have said about 65:4; that it is referring to the peri-menopausal and post menopausal women, the pre-pubescent girls and the pregnant women. The women who are currently menstruating are told in Qur'an 2:228 that they must wait 3 menstrual cycles, therefore this apologetic is also debunked.<br />
<br />
===This verse is applied to unconsummated widows===<br />
<br />
Another claim is that Qur'an 65:4 doesn't necessarily mean that Muslim men can have sex with pre-pubescent females because there may be cases where a man has married a pre-pubescent female, but while waiting for her to attain menstruation before consummating the marriage, he died. The 'iddah could be referring to a situation such as this. This claim is invalid because the Qur'an specifies the 'iddah for ''all'' widows to be 4 months and 10 days; in Qur'an 2:234:<br />
<br />
{{Quote|{{Quran|2|234}}|And (as for) those of you who die and leave wives behind, they should keep themselves in waiting for four months and ten days; then when they have fully attained their term, there is no blame on you for what they do for themselves in a lawful manner; and Allah is aware of what you do.}}<br />
<br />
Snce the 'Iddah specified in Qur'an 65.4 is for a different amount of time, this situation would not seem to be the subject of 65:4. <br />
<br />
<br /><br />
==See Also==<br />
<br />
*[[Child Marriage in the Muslim World]]<br />
<br />
{{Translation-links-english|[[Pedophilie_dans_le_Coran|French]]}}<br />
<br />
==External Links==<br />
<br />
*[http://www.answering-islam.org/Quran/Versions/065.004.html Marriage to Minors: Surah At-Talaq (65:4)] - ''Answering Islam''<br />
<br />
==References==<br />
{{Reflist|30em}}<br />
<br />
[[Category:Qur'an]]<br />
[[Category:Shariah (Islamic Law)]]<br />
[[Category:Child Marriage]]<br />
[[Category:Human rights]]<br />
[[Category:Marriage]]<br />
[[Category:Women]]<br />
[[Category:Criticism of Islam]]<br />
[[Category:Apologetics]]<br />
[[Category:Tafsir]]</div>IbnPinkerhttps://wikiislam.net/index.php?title=Child_Marriage_in_the_Qur%27an&diff=134327Child Marriage in the Qur'an2022-01-10T20:28:15Z<p>IbnPinker: /* Al-Shawkani */</p>
<hr />
<div>{{QualityScore|Lead=4|Structure=3|Content=3|Language=4|References=2}}<br />
<br />
The subject of child marriage per se never arises in the Qur'an. Yet the Qur'an deals indirectly with the topic. The subject of the [['Iddah]] or "(waiting) period" of a woman is dealt with frequently in the Qu'ran. Summarized briefly, the Qur'an lays down strict rules (based largely on the women's menstruation cycles or lack thereof) for how long a woman must wait in between the end of one marriage and the beginning of another, and the purpose in the pre-modern, patriarchal societies in which the [[Shari'ah]] was codified was to ensure that a woman would not marry a new man while pregnant from her last husband and impute fathership of her baby to the wrong husband. Pursuant to these rules the Qur'an in verse 33:49 states that no [['Iddah]] is prescribed for a woman who has ''not'' had intimate contact with her husband, but goes on to stipulate an [['Iddah]] for pre-pubescent girls in verse 65:4, implying that pre-pubescent girls can be divorced, with the implication that it is possible to marry them. This has been interpreted in the orthodox Sunni Muslim tradition to mean that the[[Qur'an]] supports marrying and having sex with prepubescent girls. Despite the discomfort that this causes for modern readers, the conclusion (which is drawn explicitly in sahih hadith and tafsir traditions around this and related Qur'anic verse) seems to be that the Qur'an endorses sexual intercourse (as a part of Islamic marriage) with pre-pubescent girls. <br />
[[File:Women protesters.jpg|right|thumb|300px|March 23, 2010: Women protesters hold up copies of the Qur'an outside parliament in Sanaa while stating that a proposed law banning marriages under the age of 17 in Yemen is un-Islamic<ref>[http://www.irinnews.org/Report.aspx?ReportId=88589 YEMEN: Deep divisions over child brides] - IRIN, March 28, 2010</ref>]] <br />
==Introduction==<br />
<br />
The Qur'an has stipulated a waiting period which women must observe before they can remarry. This waiting period must be observed after they are divorced, or if their husbands have died. In the Qur'an, this is called '<nowiki/>''[[Iddah]]'' or '''Iddat'' (العدة). However, there is one exception to this requirement in Qur'an 33:49:<br />
<br />
{{Quote|{{Quran|33|49}}| {{right|<br />
ياايها الذين امنوا اذا نكحتم المؤمنات ثم طلقتموهن من قبل ان تمسوهن فمالكم عليهن من عدة تعتدونهافمتعوهن وسرحوهن سراحا جميلا<br />
}}<br />
'''Transliteration:''' ''Ya ayyuha allatheena amanoo itha nakahtumu almuminati thumma tallaqtumoohunna min qabli an tamassoohunna fama lakum AAalayhinna min AAiddatin taAAtaddoonaha famattiAAoohunna wasarrihoohunna sarahan jameelan''<br />
<br />
'''Sahih International:''' O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
<br />
From the verse above it is understood that 'Iddah (stipulated waiting period) is required if sexual contact has occurred within the marriage. If a woman is not touched by her husband, she should not have to observe any waiting period at all.<br />
<br />
After the mention of women who have not had their marriage consummated, the Qur'an goes further - discussing the women who need to observe the 'iddah, and the span of time required. We see in Qur'an 65.4: <br />
<br />
{{Quote|{{Quran|65|4}}|{{right|<br />
واللائي يئسن من المحيض من نسائكم ان ارتبتم فعدتهن ثلاثة اشهر واللائي لم يحضن واولات الاحمال اجلهن ان يضعن حملهن ومن يتق الله يجعل له من امره يسرا<br />
}} <br />
'''Transliteration:''' ''Waalla-ee ya-isna mina almaheedi min nisa-ikum ini irtabtum faAAiddatuhunna thalathatu ashhurin waalla-ee lam yahidna waolatu al-ahmali ajaluhunna an yadaAAna hamlahunna waman yattaqi Allaha yajAAal lahu min amrihi yusran''<br />
<br />
'''Sahih International:''' 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. And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease.}}<br />
<br />
Here the 'Iddah is prescribed to three categories of women:<br />
<br />
#First the phrase: “Yaisna min al-maheedhi” يئسن من المحيض which means “those women who are desperate of menses” is an indication to women who reached the stage of menstruation but do not menstruate and of those who reached menopause. Desperate of menses underlines that it concerns women who though reached the age, fail to menstruate too. Their 'Iddah period is three months.<br />
#Next comes, “Wallaee Lam yahidhna” واللائي لم يحضن which means “those who have not menstruated yet” This group of females are pre-pubescent girls who have not yet menstruated. Here the 'Iddah prescribed for them is equal to the previous group of women (ie. three months).<br />
#Lastly, the women who are pregnant - their prescribed 'iddah is until they have given birth.<br />
<br />
==Linguistic Analysis of Verse in Arabic==<br />
<br />
The Qur'an says in Arabic:<br />
<br />
{{Quote|1=[http://quran.al-islam.com/Tafseer/DispTafsser.asp?l=arb&taf=GALALEEN&nType=1&nSora=65&nAya=4 Quran 65:4]<BR>Tafsir from al-Islam.com<br />
|2= {{right|<br />
واللائي لم يحضن فعدتهن ثلاثة أشهر <br />
}}<br />
<br />
"and those who never had menses" (because they are underage)}} <br />
<br />
The transliteration of the verse and the meaning of each portion of the verse is given below:<br />
<br />
''واللائي لم يحضن" فعدتهن ثلاثة أشهر'' <br />
<br />
''Wa Al-Lā'ī Lam Yaĥiđna'' <br />
<br />
''wa'' ( <font size="4">وَ</font> ) = and<br />
<br />
''Al-Lā'ī'' ( <font size="4">وَاللَّائِي</font> ) = for those who<br />
<br />
''Lam'' ( <font size="4">لَمْ </font>) = did not (negation in past tense) <ref name="EB">Elabbas Benmamoun, Arabic morphology: The central role of the imperfective, Lingua 108 (1999) 175-201</ref> <br />
<br />
''Yaĥiđna'' ( <font size="4">يَحِضْنَ</font> ) = menstruate. <br />
<br />
''Yaĥiđna'' comes from the verbal root H-Y-D ( <font size="4">حيض</font> ) which means "to menstruate". <br />
<br />
The addition of prefix "Ya" and suffix "na" to the root "HYD" shows that the word is used in used in third person, feminine gender, plural, imperfective aspect, jussive mood.<ref>[[w:Arabic grammar|Arabic grammar]] - Wikipedia</ref><br />
<br />
The imperfective aspect, according to traditional understanding of classical Arabic grammar, by itself lacks any tense feature (as is true of other classical Semetic languages such as Hebrew). <ref name="EB" /> The tensed negatives like ''lam'' ( <font size="3">لَمْ </font> ) (negation in past tense), ''lan'' ( <font size="3">لن</font> ) (negation in future tense), ''laa'' ( لا) (negation in present tense) combined with imperfective (in different moods) decide the tense in the case of a negative sentence. <br />
<br />
Thus ''lam Yadrus لم يدرس'' = He did not study. The verb is in the imperfect tense, but the partical lam لم conveys a meaning of a simple, negated past. <br />
<br />
In the verse 65:4, '''''Lam Yaĥiđna'' لم يحضن= 'those who did not menstruate'.''' The meaning here is that the females being referred to have not, yet, menstruated, ie they are pre-pubescent. <br />
<br />
The imperfective verb in the with the negation particle ''lam'' ( <font size="3">لَمْ </font> ) (indicating a past-tense meaning) is in the [[w:Grammatical mood#Jussive|Jussive]] mood(يعني المضارع المجزوم). <ref name="EB" /> <br />
<br />
{{Quote||'''The mood is similar to the cohortative mood, in that it expresses plea, insistence, imploring, self-encouragement, wish, desire, intent, command, purpose or consequence.''' In some languages, the two are distinguished in that cohortative occurs in the first person and the jussive in the second or third. It is found in Arabic, where it is called the مجزوم, majzum. The rules governing the jussive in Arabic are somewhat complex. <ref>[[w:Grammatical mood#Jussive|Jussive]] - Wikipedia</ref>|}} <br />
<br />
Supporting these meanings, from Lane's lexicon, ''Lam'' ({{arabic|لم }}) means 'not':<br />
<br />
{{Quote|1=Lane's Lexicon for ''Lam''|2=Lam = ل<br />
<br />lam = Negative particle giving to the present the sense of the perfect; not.<ref>[http://www.studyquran.co.uk/13_LAM.htm Lam = ل] - StudyQuran</ref>}}<br />
<br />
From the Lexicon, Arabic word for Menstruate is 'Haid' ({{arabic|حيض}}):<br />
{{Quote|1= Lane's Lexicon for ''Haa''|2=Ha-Ya-Dad (Ha-Alif-Dad) = To have her courses, menstruate; Her blood flowed from her womb, to attain the age of menstruation, to make a thing flow.<br />
<br />
hada vb. (1) impf. act. 65:4<br />
<br />
mahid n.m. 2:222<br /><br />
Lane's Lexicon, Volume 2, page: 322, 323<ref>[http://www.studyquran.co.uk/9_HAA.htm ح = Ha] - StudyQuran</ref>}}<br />
<br />
It thus follows that 65:4 is describing the state of women have not yet menstruated, which would logically include children or girls before puberty or attainment of [[w:menarche|menarche]] (first period). This implication, as seen below, was also drawn by the majors [[tafsir|tafsirs]]. <br />
<br />
The exact translation of this portion of {{Quran|65|4}} is thus ''"Not menstruated yet"'' ( <font size="4">لَمْ يَحِضْنَ</font> ). In Arabic, the menstruation process is called HaiD( <font size="4">حيض</font> ), and the verb for "to menstruate" is yaHiD( <font size="4">يَحِض</font> ), with the noun likely being derivative of the verb (as with most but not all derivations in Arabic). The LAM ( <font size="4">لَمْ </font> )clearly shows that the verb refers to women who menstruated, and the na ( <font size="4">نَ</font> ) at the end of the verb drives home the point that this verb speaks of women. “Not menstruated yet” or some similar translation is the only acceptable English translation.<br />
<br />
This verse 65:4 is read by the tafsirs as a continuation of Qur'an 33:49. A question that naturally arises from these verses, and which was more or less answered by the mufassiruun, is 'if a woman who has not had sex should not have to observe any Iddah at all, as mentioned in 33:49, what is the reason for the prescribed 'Iddah for those women who have not yet menstruated?' The seems to be that marrying pre-pubescent girls and having sex with them is sanctioned by the Qur'an.<br />
<br />
The phrase found in Qur'an 65:4 as "wallaee lam yaHiDhna" واللائي لم يحضن is sometimes mistranslated by [[apologists]] by apologists to mask the fact that pre-pubescent girls are normally understood as the intended meaning here; the exact meaning of the phrase is clearly understood this way in the [[Tafsir]]<nowiki/>s.<br />
<br />
==Tafsirs of the Verse==<br />
<br />
The classical tafsirs are unanimous that this verse prescribes the 'iddah for a pre-pubscent woman. Although not spelled out explicitly in the verse itself, this meaning is clearly the one that was taken away by the orthodox Sunni muslim exegetical tradition. <br />
<br />
===Sayyid Abul Ala Maududi===<br />
<br />
{{quote |1=[http://www.islamicstudies.info/tafheem.php?sura=65 Commentary on Qur'an Chapter 65:4]<BR>Sayyid Abul Ala Maududi, Tafhim al-Qur'an|2= Here, one should bear in mind the fact that according to the explanations given in the Quran 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 Quran has held as permissible.}}<br />
<br />
Note here what Maududi mentions on giving pre-pubescent girls in marriage and consummating the marriage with them. The interpreter affirms it is permitted by the Qur'an and no Muslims can question or forbid it.<br />
<br />
===Shaykh Muhammad ibn ‘Uthaymeen===<br />
<br />
{{quote |Shaykh Muhammad ibn ‘Uthaymeen, Majmoo’at As’ilah tahumm al-Usrah al-Muslimah, p. 61-63|Surah al-Talaaq 65:4: <br />
If a woman does not menstruate, either because she is very young or old and past menopause, then her ‘iddah is three months, because Allaah says (interpretation of the meaning): “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.<ref>[http://www.islamqa.com/index.php?ln=eng&ds=qa&QR=12667 The ‘iddah of a woman divorced by talaaq] - Islam Q&A, Fatwa No. 12667</ref>}}<br />
<br />
The reason for bringing two more recent scholars is to show that ''nothing has changed'' in the Islamic tenets on marrying and having sex with pre-pubescent girls, even in this modern era.<br />
<br />
==='Ibn Kathir===<br />
<br />
{{quote |1=[http://www.tafsir.com/default.asp?sid=65&tid=54196 The `Iddah of Those in Menopause and Those Who do not have Menses (Qur'an 65:4)]<BR>Tafsir Ibn Kathir |2= 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 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.}}<br />
<br />
===Al-Jalalayn===<br />
<br />
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir al-Jalalayn|2= 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.}}<br />
<br />
===Ibn Abbas===<br />
<br />
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir Ibn Abbas|2= (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.}} <br />
<br />
===Al-Wahidi===<br />
<br />
{{quote |1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Al-Wahidi, Asbab al-nuzul|2= (And for such of your women as despair of menstruation…) [65:4]. Said Muqatil: “When the verse (Women who are divorced shall wait, keeping themselves apart…), Kallad ibn al-Nu‘man ibn Qays al-Ansari said: ‘O Messenger of Allah, '''what is the waiting period of the woman who does not menstruate and the woman who has not menstruated yet?''' And what is the waiting period of the pregnant woman?’ '''And so Allah, exalted is He, revealed this verse”.''' Abu Ishaq al-Muqri’ informed us> Muhammad ibn ‘Abd Allah ibn Hamdun> Makki ibn ‘Abdan> Abu’l-Azhar> Asbat ibn Muhammad> Mutarrif> Abu ‘Uthman ‘Amr ibn Salim who said: “When the waiting period for divorced and widowed women was mentioned in Surah al-Baqarah, Ubayy ibn Ka‘b said: ‘O Messenger of Allah, some women of Medina are saying: there are other women who have not been mentioned!’ He asked him: ‘And who are they?’ He said: '''Those who are too young [such that they have not started menstruating yet]''', those who are too old [whose menstruation has stopped] and those who are pregnant’. And so this verse (And for such of your women as despair of menstruation…) was revealed”.}}<br />
<br />
===Al-Tabari===<br />
<br />
{{Quote|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.'''}}<br />
<br />
===Al-Zamakhshari===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=2&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Al-Zamakhshari, Al-Kashshaaf|2= {{right|<br />
روي أن ناساً قالوا: قد عرفنا عدة ذوات الأقراء، فما عدة اللائي لا يحضن؛ فنزلت: فمعنى إِنِ ٱرْتَبْتُمْ }: إن أشكل عليكم حكمهن وجهلتم كيف يعتددن فهذا حكمهنّ، وقيل: إن ارتبتم في ذم البالغات مبلغ اليأس وقد قدروه بستين سنة وبخمس وخمسين، أهو دم حيض أو استحاضة؟ { فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ } وإذا كانت هذه عدة المرتاب بها، فغير المرتاب بها أولى بذلك '''{ وَٱلَّٰۤئى لَمْ يَحِضْنَ }''' هن الصغائر''' }}<br />
<br />
It is said that people said: we have known the period of the literate people, what is the waiting period of those who do not menstruate; it was revealed its meaning that "if you doubted", ie if the correct judgement is not clear and you do not know how to reckon their 'iddah this is to be the correct judgement. And it is said: if you doubted regarding the women who have despaired of further menstruation (and they estimate this to be 60 or 55 years of age) and they see more blood, is it menstruation or spotting? (Quoting the Qur'an) "Their waiting period is 3 months." And if this is the waiting period for those regarding whom there is doubt, then for those regarding whom there is no doubt, (quoting the Qur'an) "and for those how have not menstruated yet", these are the small female children. }}<br />
<br />
The bold text means “Those who have not menstruated” are young girls.<br />
<br />
===Tabrasi===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=3&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=7&Size=1&LanguageId=1 Qur'an 65:4]<BR>Tabrasi|2= {{right|{واللآئي لم يحضن}<br />
<br />
تقديره واللآئي لم يحضن إن ارتبتم فعدتهن أيضاً ثلاثة أشهر وحذف دلالة الكلام الأول عليه وهن اللواتي '''لم يبلغن''' المحيض ومثلهن تحيض على ما مرَّ بيانه.}}<br />
<br />
"And those who have not yet menstruated" ie for those who have not yet menstruated, if you doubted, their waiting period is three months, negating the reference to the previous verse, these are those women who have not yet reached the age of menstruation and those like them who's menstruation escapes observation. }}<br />
<br />
The bold text translates as “They are those who haven’t reached the age of menstruation”. Tabrasi comments on the phrase “Wallaee Lam yahidhna” = “Those who have not menstruated yet” in the verse.<br />
<br />
===Al-Shawkani===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=9&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=3&Size=1&LanguageId=1 Qur'an 65:4]<BR>Al-Shoukani, Fath al-Qadir|2= {{right|<br />
{ فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ '''وَٱللاَّئِى لَمْ يَحِضْنَ } لصغرهن، وعدم بلوغهن سن المحيض،''' أي: فعدتهن ثلاثة أشهر }}<br />
<br />
Due to their youth, and their lack of reaching the age of menstruation (i.e. puberty), i.e. their waiting period is 3 months, (quoting the Qur'an) "their waiting period is 3 month" and [the same is the case for] "those who have not menstruated yet"). }}<br />
<br />
The bold part translated as: “Those who have not menstruated yet” are young girls who have not reached the age of menstruation.<br />
<br />
===Abu-Hayyan===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=19&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Abu-Hayyan|2= {{right|{واللائي لم يحضن }<br />
<br />
<br />
،فالعدة هذه، فتلخص في قوله: { إن ارتبتم } قولان: أحدهما، أنه على ظاهر مفهوم اللغة فيه، وهو حصول الشك؛ والآخر، أن معناه التيقن للإياس؛ والقول الأول معناه: إن ارتبتم في دمها، أهو دم حيض أو دم علة؟ أو إن ارتبتم في علوق بحمل أم لا؛ أو إن ارتبتم: أي جهلتم عدتهن، أقوال. والظاهر أن قوله: واللائي '''لم يحضن''' } يشمل من لم يحض لصغر، }}<br />
<br />
As for the waiting period, it is summed up in its saying (quoting the Qur'an) "if you doubted", with two meanings: one of them, which appears exceedingly understandable, 'this is in the case of doubt'; and the other, whose meaning is certainly "have reached to the point of despair." The meaning of the first: if you doubted her blood, is it menstrual blood or caused by an illness or health irregularity? Or perhaps if you suspect a calamity (miscarriage) has happened or not? Or the verses which are for if you are not sure of their waiting period. And this much is clear: (quoting the Qur'an) 'as for those who have not yet menstruated.' This includes those who have not menstruated due to their young age. }}<br />
<br />
The bold: “Those who have not menstruated yet” denotes those not menstruated because of being young.<br />
<br />
==Evidence from the Hadith==<br />
<br />
From Imam Bukhari in his book of Tafsir and hadith collections:<br />
<br />
{{Quote|[http://bewley.virtualave.net/bukhari33.html Sahih Al-Bukhari, Chapter 68: Book of Tafsir]|'''CCCLXXXIV: The Tafsir of Surat at-Talaq'''<BR><BR>Mujahid said that "if you have any doubt" (65:4) means if you do not know whether she menstruates or not. Those who do not longer menstruate and '''those who have not yet menstruated, their 'idda is three months'''.}}<br />
<br />
{{Quote|{{cite web quotebox|url= http://archive.org/download/SahihAl-bukhari9Vol.Set/SahihAl-bukhariVol.7-Ahadith5063-5969.pdf|title= The Translation of the Meanings of Sahih Al-Bukhari|publisher= Dar-us-Salam Publications|isbn= 9960-717-38-0|author= Al-Bukhari (au.), Muhammad M. Khan (tr.)|date= June 1, 1997|series=vol. 7, book 67, ch. 39|page= 57|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Farchive.org%2Fdownload%2FSahihAl-bukhari9Vol.Set%2FSahihAl-bukhariVol.7-Ahadith5063-5969.pdf&date=2013-08-13|deadurl=no}}|'''(39) CHAPTER. Giving one's young children in marriage (is permissible).''' <br />
<br />
By virtue of the Statement of Allah : "...and for those who have no (monthly) <br />
courses (i.e. they are still immature).. (V.65:4) And the 'Idda for the girl before puberty is <br />
three months (in the above Verse). <br />
<br />
'''5133.''' Narrated 'Aishah; that the Prophet wrote the marriage contract with 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).}}<br />
<br />
From Sahih Muslim:<br />
<br />
{{Quote|Capter heading for {{Muslim|8|3309}} to {{Muslim|8|3311}}|Chapter 10: It is permissible for the father to give the hand of his daughter in marriage '''even when she is not fully grown''' up.}}<br />
<br />
The following Muwatta hadith shows it's permissible to marry girls who have not reached puberty:<br />
<br />
{{quote|{{Muwatta|29|33|108|}}|<br />
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."<br />
<br />
'''Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies." '''<br />
<br />
Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.''<br />
<br />
Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."}}<br />
<br />
The following is from Fath al-Bari, the most authoritative commentary on Sahih Al-Bukhari:<br />
<br />
{{Quote|1=|2= {{right|<br />
واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ ) أي فدل على أن نكاحها قبل البلوغ جائز <br />
}}<br />
<br />
"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."<ref>[http://hadith.al-islam.com/display/Display.asp?Doc=0&Rec=7644 Al-Islam (Arabic text)]</ref><ref>[http://www.islamweb.net/newlibrary/display_book.php?idfrom=9381&idto=9382&bk_no=52&ID=2847 IslamWeb (Arabic text)]</ref>}}<br />
<br />
==Recent Fatwas==<br />
<br />
IslamOnline.net is one of the most popular Islamic fatwa sites on the internet. The following excerpt is taken from a December 2010 fatwa.<br />
<br />
{{Quote|1=[http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamonline.net%2Far%2FIOLCounsel_C%2F1278406761316%2F1278406720653%2F%D9%87%D9%84-%D9%8A%D8%AC%D9%88%D8%B2-%D8%AA%D8%AD%D8%AF%D9%8A%D8%AF-%D8%B3%D9%86-%D8%B2%D9%88%D8%A7%D8%AC-%D9%84%D9%84%D9%81%D8%AA%D9%8A%D8%A7%D8%AA%D8%9F-&date=2011-02-03 Is it permissible to restrict the age at which girls can marry?]<BR>Submitted by Ahmad, IslamOnline, December 24, 2010|2=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.}}<br />
<br />
{{Quote|1=[http://www.webcitation.org/61C5nBLpe <!-- original URL http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=88089 -->Child marriage in Islam]<BR>Islamweb, Fatwa No. 88089, June 24, 2004|2='''Getting married at an early age is something that is confirmed by the book of Allah''', the Sunnah of his Prophet (Sallallahu Alaihi wa Sallam), the consensus of the scholars and the actions of the companions, and the Muslims who came after them. <br />
<br />
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. <br />
<br />
The evidence from the Qur'an is: <br />
<br />
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)<br />
<br />
So, '''Allah set rulings of marriage, divorce and waiting period for the women who have not yet had menses, i.e. the young girls'''.<br />
<br />
The Iddah (waiting period) does not take place except after marriage.}}<br />
<br />
==Modern Views and Perspectives on the Meaning of Qur'an 65:4==<br />
<br />
===The Qur'an prohibits marriage to pre-pubescent females===<br />
<br />
Some Modern [[dawah|du'aah]] who decry the traditional sources as endorsing pedophilia often take issue with the interpretation of the wording of Qur'an 65:4 in these source. They see the verse as limited to women of current-day adulthood and not pre-pubescent women (again taking as a starting point modern modes of understanding "adulthood" for women.<ref>{{Cite web| title = Does verse 65:4 encourage child marriage?| author = Abu Amina Elias AKA Justin Parrott| work = Faith in Allah الإيمان بالله "Any practice that causes harm to children is unlawful in Islam."| date = | access-date = 6 January 2022| url = https://www.abuaminaelias.com/verse-65-4-child-marriage/| quote = }}</ref>. Qur'an 4:6 is often leveraged as part of this argument:<br />
<br />
{{quote|{{Qtt|4|6}}|<br />
{{right|وابتلوا اليتامى حتى اذا بلغوا النكاح فان انستم منهم رشدا فادفعوا اليهم اموالهم ولاتاكلوها اسرافا وبدارا ان يكبروا ومن كان غنيا فليستعفف ومن كان فقيرا فلياكل بالمعروف فاذا دفعتم اليهم اموالهم فاشهدوا عليهم وكفى بالله حسيبا<br />
}}<br />
<br />
'''Transliteration:''' Waibtaloo alyatama hatta itha balaghoo aln'''nikaha''' fa-in anastum minhum rushdan faidfaAAoo ilayhim amwalahum wala ta/kulooha israfan wabidaran an yakbaroo waman kana ghaniyyan falyastaAAfif waman kana faqeeran falya/kul bialmaAAroofi fa-itha dafaAAtum ilayhim amwalahum faashhidoo AAalayhim wakafa biAllahi haseeban<br />
<br />
'''Yusuf Ali:''' Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is Allah in taking account. <br />
<br />
'''Pickthal:''' Prove orphans till they reach the marriageable age; then, if ye find them of sound judgment, deliver over unto them their fortune; and devour it not by squandering and in haste lest they should grow up Whoso (of the guardians) is rich, let him abstain generously (from taking of the property of orphans); and whoso is poor let him take thereof in reason (for his guardianship). And when ye deliver up their fortune unto orphans, have (the transaction) witnessed in their presence. Allah sufficeth as a Reckoner.<br />
<br />
'''Shakir:''' And test the orphans until they attain puberty; then if you find in them maturity of intellect, make over to them their property, and do not consume it extravagantly and hastily, lest they attain to full age; and whoever is rich, let him abstain altogether, and whoever is poor, let him eat reasonably; then when you make over to them their property, call witnesses in their presence; and Allah is enough as a Reckoner.}}<br />
<br />
The word [[Nikah]] can have multiple understandings:<br />
<br />
#According to the Islamic Shar'iah, "Nikah" is a technical term, whose Shar'i (Islamic legal) meaning is "the consumation of a marriage through vaginal intercourse" and in many Islamic languages and cultures, such as Urdu speaking Muslims in South Asia, this by extension merely means "(Islamic) marriage." In Arabic, though , ''Zuwaaj'' زواج<ref>[http://www.studyquran.co.uk/28_ZAY.htm Lane's Lexicon - Zay-Waw-Jiim]</ref> is the specific word for just "marriage" (although the contract of marriage which both parties sign is called "'aqd an-nikaah" عقد النكاح), but the Qur'an uses both words in reference to marrying women; Nikaah for human females and Zuwaaj for the Houris.<br />
#The underlying, literal meaning of "Nikaah" in Arabic language is vaginal, "[[Nikah (Sexual Consummation of Marriage)|Sexual Intercourse]]"<br />
<br />
Few Modern du'aah use this word "Nikaah" in this verse to mean "marriage" (i.e. till they (the orphans) reach the age of marriage). Their argument is that this verse links the age of "Nikaah" with "becoming sound in Judgement to take care of the property", and thus a child's Nikaah is impossible while a child does not have the sound judgement to take care of his/her property. <br />
<br />
But contrary to these modern Islamic advocates, the traditional view of Muslim 'ulamaa' of the last 1400 years was that word "Nikaah" had been used in it's literal meaning here (i.e. reaching the age where they are able to do the sexual intercourse). And their arguments are as follows:<br />
<br />
Firstly, this verse is talking about the "male orphans" and not about the "female orphans". It becomes evident from the Arabic word بَلَغُوا (balaghū) in this verse, and the Arabic grammar used in it is (3rd person '''masculine''' plural perfect verb). This Arabic grammar could be seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=4&verse=6 Corpus Quran Website]. <br />
<br />
Thus the exact translation of this verse becomes: "''And test the ('''male''') orphans until they reach the age of (doing) the '''sexual intercourse (i.e. Nikah)'''. Then if you perceive in them sound judgement, release their property to them ...''."<br />
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Secondly, it becomes even more evident from another verse of Quran 17:34:<br />
<br />
{{Quote|{{Quran|17|34}}|وَلَا تَقْرَبُوا۟ مَالَ ٱلْيَتِيمِ إِلَّا بِٱلَّتِى هِىَ أَحْسَنُ حَتَّىٰ يَبْلُغَ '''أَشُدَّهُۥ''' ۚ </br><br />
Come not nigh to the orphan's property except to improve it, until he attains the age of '''full strength'''}}<br />
<br />
The word أَشُدَّهُ (full strength) in this verse means the age when a young boy starts feeling the desire/strength of doing sexual intercourse. <br />
<br />
And the Arabic grammar in the word يَبْلُغَ in this verse is '''"3rd person masculine singular imperfect verb"''', which again points out that this verse is talking about the "male orphans" only. This Arabic grammar could be again seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=17&verse=34 Corpus Quran Website].<br />
<br />
It should be noted that:<br />
<br />
*As far as Shari'i 'aqd an-Nikaah (marriage) is concerned, then there is no condition present in it of reaching the أَشُدَّهُ (i.e. Strength to do the intercourse).<br />
*And the proof is that Muhammad himself did the Shari'i Nikah with 'Aisha, when she was only 6 years old.<br />
*And no one tests a 6 years old child for handing over his/her property to him/her, as 6 years old child has neither أَشُدَّهُ (Strength/Desire) nor he/she has any kind of "sound judgement" to look after his/her property.<br />
<br />
Thus, the Shar'i Nikah has nothing to do with the أَشُدَّهُ (strength), as Muhammad did this Shar'i Nikah with 6 years 'Aisha. <br />
<br />
Actually, even at the age of 9, when 'Aisha finally came to the house of Muhammad for the consummation of marriage, still she was not mentally sound enough to look after any property or business. It is evident from the following hadith:<br />
<br />
{{Quote|{{Bukhari|||6130|darussalam}}|Narrated `Aisha:<br />
<br />
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 (ﷺ) used to enter (my dwelling place) they used to hide themselves, but the Prophet would call them to join and play with me.}}<br />
<br />
According to Islamic Sharia:<br />
<br />
*When a girl reaches puberty, then she herself gets the right to give her consent for the marriage, or to deny the marriage.<br />
*But if she is a minor or prepubescent girl, then her father/guardian could wed her to anyone even without her consent<ref>[https://islamqa.info/en/answers/12708/is-it-acceptable-to-marry-a-girl-who-has-not-yet-started-her-menses The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. Fatwa Website Islam Q&A.] </ref>.<br />
*And if she is a prepubescent and also an orphan, then her guardian has the right to wed her with himself (even without her consent), in order to get her property and the wealth.<br />
<br />
It is evident from the following hadith: <br />
<br />
{{Quote|{{Bukhari|||5064|darussalam}}|Narrated 'Urwa:<br />
<br />
that he asked `Aisha about the Statement of Allah: '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) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! '''(This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr''', and they are ordered to marry other women instead of them."}}<br />
<br />
And it is also evident from the following Quranic Verse: <br />
<br />
{{Quote|{{Quran|4|127}}|You also read them (the guardians) in the Book concerning orphaned women (in your charge) '''to whom you deny their ordained rights and yet wish to take them in marriage''', as well as in respect of helpless children, that you should be just in the matter of orphans." The good you do is known to God.}}<br />
<br />
Thus a prepubescent girl is practically at the mercy of her guardian, and he could marry her to himself, even without her consent, and even for very little Mahr price. <br />
<br />
The Tafsir's agree with this understanding of 4:6:<br />
<br />
{{quote|1=[http://tafsir.com/default.asp?sid=4&tid=10463 Giving Back the Property of the Orphans When They Reach Adulthood (Qur'an 4:6)]<BR>Tafsir Ibn Kathir|2=<br />
'''Giving Back the Property of the Orphans When They Reach Adulthood'''<br />
<br />
Allah said,<br />
{{right|<br />
[وَابْتَلُواْ الْيَتَـمَى]<br />
}}<br />
(And test orphans) meaning, test their intelligence, as Ibn `Abbas, Mujahid, Al-Hasan, As-Suddi and Muqatil bin Hayyan stated.<br />
{{right|<br />
[حَتَّى إِذَا بَلَغُواْ النِّكَاحَ]<br />
}}<br />
(until they reach the age of marriage), the age of puberty, according to Mujahid. The age of puberty according to the majority of scholars comes when the child has a wet dream. In his Sunan, Abu Dawud recorded that `Ali said, "I memorized these words from the Messenger of Allah ,<br />
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«لَا يُتْمَ بَعْدَ احْتِلَامٍ، وَلَا صُمَاتَ يَوْمٍ إِلَى اللَّيْل»<br />
}}<br />
(There is no orphan after the age of puberty nor vowing to be silent throughout the day to the night.) In another Hadith, `A'ishah and other Companions said that the Prophet said,<br />
{{right|<br />
«رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ، عَنِ الصَّبِيِّ حَتَّى يَحْتَلِمَ، وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ، وَعَنِ الْمَجْنُونِ حَتَّى يُفِيق»<br />
}}<br />
s(The pen does not record the deeds of three persons: the child until the age of puberty, the sleeping person until waking up, and the senile until sane.) Or, the age of fifteen is considered the age of adolescence. In the Two Sahihs, it is recorded that Ibn `Umar said, "I was presented in front of the Prophet on the eve of the battle of Uhud, while I was fourteen years of age, and he did not allow me to take part in that battle. But I was presented in front of him on the eve of the battle of Al-Khandaq (The Trench) when I was fifteen years old, and he allowed me (to join that battle).'' `Umar bin `Abdul-`Aziz commented when this Hadith reached him, "This is the difference between a child and an adult.'' There is a difference of opinion over whether pubic hair is considered a sign of adulthood, and the correct opinion is that it is. The Sunnah supports this view, according to a Hadith collected by Imam Ahmad from `Atiyah Al-Qurazi who said, We were presented to the Prophet on the day of Qurizah, whoever had pubic hair was killed, whoever did not was left free to go, I was one of those who did not, so I was left free.'' The Four Sunan compilers also recorded similar to it. At-Tirmidhi said, "Hasan Sahih.'' Allah's statement,<br />
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[فَإِنْ ءَانَسْتُمْ مِّنْهُمْ رُشْداً فَادْفَعُواْ إِلَيْهِمْ أَمْوَلَهُمْ]<br />
}}<br />
(if then you find sound judgment in them, release their property to them,) Sa`id bin Jubayr said that this portion of the Ayah means, when you find them to be good in the religion and wise with their money. Similar was reported from Ibn `Abbas, Al-Hasan Al-Basri and others among the Imams. The scholars of Fiqh stated that when the child becomes good in the religion and wise concerning with money, then the money that his caretaker was keeping for him should be surrendered to him.}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsir al-Jalalayn|2=<br />
{{right|<br />
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
Try, test, well the orphans, before reaching maturity with regard [the duties of] religion and [before] they can [legally] manage their own affairs, until they reach the age of marrying, that is, until they have become eligible for it through puberty or [legal] age, which, according to al-Shāfi‘ī, is the completion of fifteen years; then, if you perceive in them maturity, that is, right [judgement] in matters of religion and their property, deliver their property to them; consume it not, O guardians, wastefully, without due merit, and in haste, that is, hastening to expend it, fearing, lest they should grow up, and become mature, at which time you will be obliged to hand it over to them. If any man, who is a guardian, is rich, let him be abstinent, that is, let him abstain from the orphan’s property and refrain from consuming it; if he is poor, let him consume, of it, honourably, that is, in line with the wage for his work. And when you deliver to them, the orphans, their property, take witnesses over them, that they have received it and that you are absolved [of the obligation], so that if any dispute occurs, you are able to refer to a clear proof: this is a command [intended] for guidance. God suffices as a reckoner, as a guardian of His creatures’ deeds and as a reckoner of these [deeds] (the bā’ [in bi’Llāhi] is extra).}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsîr Ibn Abbas|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
(Prove orphans) test the intelligence of orphans (till they reach the marriageable age) the age of puberty; (then, if ye find them of) if you see that they possess (sound judgement) righteousness in Religion and a tendency to protect their wealth, (deliver over unto them their fortune) then give their wealth which is with you; (and devour it not squandering) it in transgression and unlawfully (and in haste) in haste lest the orphan grows older and consumes it little by little (lest they should grow up) for fear that they grow older and stop you from devouring their wealth. (Whoso (of the guardians) is rich) and needs not the orphan's wealth, (let him abstain generously) because of his richness from taking of the property of orphans, nor should he diminish anything from their wealth; (and whoso is poor) and needy (let him take thereof in reason (for his guardianship)) in measure, such that he is not in need for the wealth of orphans; it is also said that this means: he should take from the wealth of orphans in proportion with the measure of his work regarding this wealth; and it is also said that this means: he can take from the wealth of orphans as a loan to be paid back. (And when ye deliver up their fortune unto orphans) when they reach the legal age, (have (the transaction) witnessed in their presence) when you deliver it to them. (Allah sufficeth as a Reckoner) Allah suffices as a witness. This verse was revealed about Thabit Ibn Rifa'ah al-Ansari.}}<br />
<br />
{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Al-Wahidi, Asbab Al-Nuzul|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
(Prove orphans…) [4:6]. This was revealed about Thabit ibn Rifa‘ah and his uncle. Rifa‘ah died when his son Thabit was very young. The uncle of Thabit went to the Messenger of Allah, Allah bless him and give him peace, and said: “The son of my brother is an orphan under my care, what is lawful for me from his wealth? And when should I give him back his wealth?” And so Allah, exalted is He, revealed this verse.}}<br />
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===The Arabic word “Nisaa'” does not refer to young females===<br />
<br />
Some defenders of the Qur'an, speaking in English, claim that the Qur'an only uses the word ''Nisaa''' to refer to mature, adult women, therefore 65:4 cannot be talking about pre-pubescent females.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = Kaleef K. Karim| work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = that the Arabic word ‘Nisa’ could also refer to ‘female children’. Let us take a look in Arabic-English dictionaries. The Arabic word ‘Nisa’ has been used 59 times in the Quran. Not once has the word ‘Nisa’ been used for a ‘child(ren)’, it has always referred to mature adult women. Dr. Rohi Baalbaki, says in Al-Mawrid: A modern Arabic-English Dictionary:}}</ref> This linguistic argument does not hold water, even just on the basis of the Qur'an itself as a text. The word merely means "women/females" and can refer to mixed groups of women of various ages, as the English "female" or "women." Here are some verses that use the word ''"nisaa'"'':<br />
<br />
{{Quote|{{Quran|2|49}}|وَإِذْ نَجَّيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ يُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
<br />
'''Transliteration:''' ''Waith najjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
<br />
'''Yusuf Ali:''' And remember, We delivered you from the people of Pharaoh: They set you hard tasks and punishments, slaughtered your sons and let your women-folk live; therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|7|127}}|وَقَالَ ٱلْمَلَأُ مِن قَوْمِ فِرْعَوْنَ أَتَذَرُ مُوسَىٰ وَقَوْمَهُۥ لِيُفْسِدُوا۟ فِى ٱلْأَرْضِ وَيَذَرَكَ وَءَالِهَتَكَ ۚ قَالَ سَنُقَتِّلُ أَبْنَآءَهُمْ وَنَسْتَحْىِۦ نِسَآءَهُمْ وَإِنَّا فَوْقَهُمْ قَٰهِرُونَ<br />
<br />
'''Transliteration:''' ''Waqala almalao min qawmi firawna atatharu moosa waqawmahu liyufsidoo fee alardi wayatharaka waalihataka qala sanuqattilu abnaahum wanastahyee '''Nisa'''ahum wainna fawqahum qahiroona'' <BR><BR><br />
<br />
'''Yusuf Ali:''' Said the chiefs of Pharaoh’s people: “Wilt thou leave Moses and his people, to spread mischief in the land, and to abandon thee and thy gods?” He said: “Their male children will we slay; (only) their females will we save alive; and we have over them (power) irresistible."}}<br />
<br />
{{Quote|{{Quran|7|141}}|وَإِذْ أَنجَيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ ۖ يُقَتِّلُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
<br />
'''Transliteration:''' ''Waith anjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuqattiloona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
<br />
'''Yusuf Ali:''' And remember we rescued you from Pharaoh’s people, who afflicted you with the worst of penalties, who slew your male children and saved alive your females: in that was a momentous trial from your Lord.}}<br />
<br />
{{Quote|{{Quran|14|6}}|وَإِذْ قَالَ مُوسَىٰ لِقَوْمِهِ ٱذْكُرُوا۟ نِعْمَةَ ٱللَّهِ عَلَيْكُمْ إِذْ أَنجَىٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ وَيُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith qala moosa liqawmihi othkuroo niAAmata Allahi AAalaykum ith anjakum min ali firawna yasoomoonakum sooa alAAathabi wayuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' Remember! Moses said to his people: “Call to mind the favour of Allah to you when He delivered you from the people of Pharaoh: they set you hard tasks and punishments, slaughtered your sons, and let your females live: therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|40|25}}|فَلَمَّا جَآءَهُم بِٱلْحَقِّ مِنْ عِندِنَا قَالُوا۟ ٱقْتُلُوٓا۟ أَبْنَآءَ ٱلَّذِينَ ءَامَنُوا۟ مَعَهُۥ وَٱسْتَحْيُوا۟ نِسَآءَهُمْ ۚ وَمَا كَيْدُ ٱلْكَٰفِرِينَ إِلَّا فِى ضَلَٰلٍ<br />
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'''Transliteration:''' ''Falamma jaahum bialhaqqi min AAindina qaloo oqtuloo abnaa allatheena amanoo maAAahu waistahyoo '''Nisa'''ahum wama kaydu alkafireena illa fee dalalin''<BR><BR><br />
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'''Yusuf Ali:''' Now, when he came to them in Truth, from Us, they said, "Slay the sons of those who believe with him, and keep alive their females," but the plots of Unbelievers (end) in nothing but errors (and delusions)!...}}<br />
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In the above verses, the word ''"Nisaa'"'' is referring to female infants. The biblical original of this story, which the Qur'an relies upon and which commentary on the Qur'an confirms in this case, <br />
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{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:15-16;&version=49; Exodus 1:15-16]|2=<br />
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וַיֹּ֨אמֶר֙ מֶ֣לֶךְ מִצְרַ֔יִם לַֽמְיַלְּדֹ֖ת הָֽעִבְרִיֹּ֑ת אֲשֶׁ֨ר שֵׁ֤ם הָֽאַחַת֙ שִׁפְרָ֔ה וְשֵׁ֥ם הַשֵּׁנִ֖ית פּוּעָֽה:וַיֹּ֗אמֶר בְּיַלֶּדְכֶן֙ אֶת־הָ֣עִבְרִיּ֔וֹת וּרְאִיתֶ֖ן עַל־הָֽאָבְנָ֑יִם אִם־בֵּ֥ן הוּא֙ וַֽהֲמִתֶּ֣ן אֹת֔וֹ וְאִם־בַּ֥ת הִ֖וא וָחָֽיָה:<br />
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''"And the king of Egypt spoke to the Hebrew midwives, of whom the name of the one was Shiphrah, and the name of the other Puah; and he said: ‘When ye do the office of a midwife to the Hebrew women, ye shall look upon the birthstool: if it be a son, then ye shall kill him; but if it be a daughter, then she shall live.’''}}<br />
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{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:22;&version=49; Exodus 1:22]|2=<br />
כבוַיְצַ֣ו פַּרְעֹ֔ה לְכָל־עַמּ֖וֹ לֵאמֹ֑ר כָּל־הַבֵּ֣ן הַיִּלּ֗וֹד הַיְאֹ֨רָה֙ תַּשְׁלִיכֻ֔הוּ וְכָל־הַבַּ֖ת תְּחַיּֽוּן:<br />
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''And Pharaoh charged all his people, saying: ‘Every son that is born ye shall cast into the river, and every daughter ye shall save alive.''}}<br />
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Moreover the Quran itself clarifies “Who the ''Nisa'' are”. <br />
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{{Quote|{{Quran|4|127}}|{{right|<br />
ويستفتونك في النساء قل الله يفتيكم فيهن ومايتلى عليكم في الكتاب في يتامى النساء اللاتي لاتؤتونهن ماكتب لهن وترغبون ان تنكحوهن والمستضعفين من الولدان وان تقوموا لليتامى بالقسط وماتفعلوا من خير فان الله كان به عليما }}<br />
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'''Transliteration:''' ''Wayastaftoonaka fee alnnisa-i quli Allahu yufteekum feehinna wama yutla AAalaykum fee alkitabi fee yatama alnnisa-i allatee la tu/toonahunna ma kutiba lahunna watarghaboona an tankihoohunna waalmustadAAafeena mina alwildani waan taqoomoo lilyatama bialqisti wama tafAAaloo min khayrin fa-inna Allaha kana bihi AAaleeman'' <br />
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'''Literal:''' And they ask for your opinion/clarification about the women, say: "God decreed/clarifies in them (F), and what is read/recited on you in The Book in the women orphans/minors that lose their father, those who (F) you did not give them (F) what was written/dictated to them (F), and you desire that you marry them (F), and the weakened from the children/newborns, and that you take care of to the orphans/minors that lose their father with the just/equitable; and what you make/do from goodness, so that God was/is with it knowledgeable."<ref>[{{Reference archive|1=http://iknowledge.islamicnature.com/quran/surah/4/lang/englishliteral/|2=2011-11-27}} 4. An-Nisa - Women (سورة النساء) - Revealed in Madinah (English: Literal)] - IslamicNature, accessed November 27, 2011</ref>}}<br />
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Here Muhammad is asked who the "Nisaa'" were, and the response delineates who they are:<br />
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#Orphans<br />
#Female wards<br />
#Those you desire to marry<br />
#The weakened from the children or new born.<br />
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===65.4 talks only of the 'Iddah and not of sexual activity===<br />
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One point of focus for modern commentators, seeking to defend the Qur'an from the charge of endorsing pedophilia, is that 65:4 does not explicitly discuss consummation or other sexual activity in regards to any of the females discussed in the verse; it merely sets the prescribed 'Iddah required for each.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = | work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = }}</ref>The 'iddah (prescribed waiting period) for females is required after a divorce or widowing, so that a child's father can be correctly identified. In addition to multiple tafsir and hadith traditions on 65:4, this is also established in Qur'an 33:49: <br />
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{{Quote|{{Quran|33|49}}|<br />
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَٰتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا<br />
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O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
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The tafsirs further expound on the meaning of the 'iddah according to this verse:<br />
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{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=1841&Itemid=89#1 A Gift and no (Iddah) for Women Who are divorced before Consummation of the Marriage (Qur'an 33:49)]<BR>Tafsir Ibn Kathir|2= {{right|<br />
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)}}<br />
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49. O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no `Iddah have you to count in respect of them. So, give them a present, and set them free in a handsome manner.)<br />
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This Ayah contains many rulings, including the use of the word Nikah for the marriage contract alone. There is no other Ayah in the Qur'an that is clearer than this on this point. It also indicates that it is permissible to divorce a woman before consummating the marriage with her.<br />
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(الْمُؤْمِنَـتِ)<br />
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(believing women)<br />
This refers to what is usually the case, although there is no difference between a believing (Muslim) woman and a woman of the People of the Book in this regard, according to scholarly consensus. Ibn `Abbas, may Allah be pleased with him, Sa`id bin Al-Musayyib, Al-Hasan Al-Basri, `Ali bin Al-Husayn Zayn-ul-`Abidin and a group of the Salaf took this Ayah as evidence that divorce cannot occur unless it has been preceded by marriage, because Allah says,<br />
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(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
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(When you marry believing women, and then divorce them) <br />
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The marriage contract here is followed by divorce, which indicates that the divorce cannot be valid if it comes first. Ibn Abi Hatim recorded that Ibn `Abbas, may Allah be pleased with him, said, "If someone were to say, `every woman I marry will ipso facto be divorced,' this does not mean anything, because Allah says:<br />
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(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
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(O you who believe! When you marry believing women, and then divorce them....).'' It was also reported that Ibn `Abbas, may Allah be pleased with him, said: "Allah said,<br />
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(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
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(When you marry believing women, and then divorce them.) Do you not see that divorce comes after marriage'' A Hadith to the same effect was recorded from `Amr bin Shu`ayb from his father from his grandfather, who said: "The Messenger of Allah said:<br />
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«لَا طَلَاقَ لِابْنِ آدَمَ فِيمَا لَا يَمْلِك»<br />
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(There is no divorce for the son of Adam with regard to that which he does not possess.) This was recorded by Ahmad, Abu Dawud, At-Tirmidhi and Ibn Majah. At-Tirmidhi said, "This is a Hasan Hadith, and it is the best thing that has been narrated on this matter.'' It was also recorded by Ibn Majah from `Ali and Al-Miswar bin Makhramah, may Allah be pleased with them, that the Messenger of Allah said:<br />
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«لَا طَلَاقَ قَبْلَ نِكَاح»<br />
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(There is no divorce before marriage.)<br />
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(فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا)<br />
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(no `Iddah have you to count in respect of them.) This is a command on which the scholars are agreed, that if a woman is divorced before the marriage is consummated, she does not have to observe the `Iddah (prescribed period for divorce) and she may go and get married immediately to whomever she wishes. The only exception in this regard is a woman whose husband died, in which case she has to observe an `Iddah of four months and ten days even if the marriage was not consummated. This is also according to the consensus of the scholars.<br />
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(فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
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(So, give them a present, and set them free in a handsome manner.) The present here refers to something more general than half of the named dowery or a special gift that has not been named. Allah says:<br />
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(وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ)<br />
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(And if you divorce them before you have touched (had a sexual relation with) them, and you have fixed unto them their due (dowery) then pay half of that) (2:237). And Allah says:<br />
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(لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ)<br />
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(There is no sin on you, if you divorce women while yet you have not touched them, nor fixed unto them their due (dowery). But bestow on them gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.) (2:236) pIn Sahih Al-Bukhari, it was recorded that Sahl bin Sa`d and Abu Usayd, may Allah be pleased with them both, said, "The Messenger of Allah married Umaymah bint Sharahil, and when she entered upon him he reached out his hand towards her, and it was as if she did not like that, so he told Abu Usayd to give her two garments.'' `Ali bin Abi Talhah reported that Ibn `Abbas, may Allah be pleased with him, said "If the dowery had been named, she would not be entitled to more than half, but if the dowery is not been named, he should give her a gift according to his means, and this is the "handsome manner.''}}<br />
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{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir al-Jalalayn|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
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O you who believe if you marry believing women and then divorce them before you have touched them (read tamassūhunna or tumāsūhunna) that is, before you have copulated with them, there shall be no [waiting] period for you to reckon against them, [no] waiting period [needed to preclude pregnancy] or otherwise. But provide for them, give them what they can use for [securing] comforts, in cases where no dowry has been fixed for them; otherwise theirs is to retain half of what was fixed, but no more — this is what Ibn ‘Abbās said and it is [the opinion] followed by al-Shāfi‘ī’; and release them in a gracious manner, leave them be without [the intention to cause them any] harm.}}<br />
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{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir 'Ibn Abbas|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
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(O ye who believe! If ye wed believing women) without naming the amount of their dowry (and divorce them before ye have touched them) before you had sexual intercourse with them, (then there is no period that ye should reckon) by counting the months or the periods of menstruation. (But content them) as is due by divorce by giving them at least a scarf or shawl (and release them handsomely) divorce them without any harm done to them.}}<br />
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This verse effectively removes the apologist's objection to Qur'an 65.4 as we see clearly that if a man has not consummated his marriage with his wife then she does not need to observe an 'iddah. If Qur'an 65.4 specifies that pre-pubescent females must observe a 3 month 'iddah then clearly sexual intercourse is halal to Allah.<br />
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===This verse is only talking about adult women who don't know if they are pregnant===<br />
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The very reason 65:4 was revealed in the first place, was as a clarification to an existing revelation by Allah. Allah had already revealed that women must wait 3 menstrual periods before they can end the 'iddat and be free to marry again. This is in Qur'an 2:228:<br />
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{{quote|{{Quran|2|228}}|'''And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs''', if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and Allah is Mighty, Wise. }}<br />
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However, after this, Muslim men went to Muhammad to ask about those who did not presently have their menses - how do they measure the 'iddat in those cases? It is in this circumstance that Allah sent down the clarification (65:4) for the three groups of women that did not have menstruation, therefore they could not wait the '3 menstrual cycles' as mandated by Qur'an 2:228.<br />
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Those Muslims who make this claim are ignoring what all of their own scholars have said about 65:4; that it is referring to the peri-menopausal and post menopausal women, the pre-pubescent girls and the pregnant women. The women who are currently menstruating are told in Qur'an 2:228 that they must wait 3 menstrual cycles, therefore this apologetic is also debunked.<br />
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===This verse is applied to unconsummated widows===<br />
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Another claim is that Qur'an 65:4 doesn't necessarily mean that Muslim men can have sex with pre-pubescent females because there may be cases where a man has married a pre-pubescent female, but while waiting for her to attain menstruation before consummating the marriage, he died. The 'iddah could be referring to a situation such as this. This claim is invalid because the Qur'an specifies the 'iddah for ''all'' widows to be 4 months and 10 days; in Qur'an 2:234:<br />
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{{Quote|{{Quran|2|234}}|And (as for) those of you who die and leave wives behind, they should keep themselves in waiting for four months and ten days; then when they have fully attained their term, there is no blame on you for what they do for themselves in a lawful manner; and Allah is aware of what you do.}}<br />
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Snce the 'Iddah specified in Qur'an 65.4 is for a different amount of time, this situation would not seem to be the subject of 65:4. <br />
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==See Also==<br />
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*[[Child Marriage in the Muslim World]]<br />
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{{Translation-links-english|[[Pedophilie_dans_le_Coran|French]]}}<br />
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==External Links==<br />
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*[http://www.answering-islam.org/Quran/Versions/065.004.html Marriage to Minors: Surah At-Talaq (65:4)] - ''Answering Islam''<br />
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==References==<br />
{{Reflist|30em}}<br />
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[[Category:Qur'an]]<br />
[[Category:Shariah (Islamic Law)]]<br />
[[Category:Child Marriage]]<br />
[[Category:Human rights]]<br />
[[Category:Marriage]]<br />
[[Category:Women]]<br />
[[Category:Criticism of Islam]]<br />
[[Category:Apologetics]]<br />
[[Category:Tafsir]]</div>IbnPinkerhttps://wikiislam.net/index.php?title=Child_Marriage_in_the_Qur%27an&diff=134326Child Marriage in the Qur'an2022-01-10T20:22:53Z<p>IbnPinker: /* Al-Zamakhshari */</p>
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<div>{{QualityScore|Lead=4|Structure=3|Content=3|Language=4|References=2}}<br />
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The subject of child marriage per se never arises in the Qur'an. Yet the Qur'an deals indirectly with the topic. The subject of the [['Iddah]] or "(waiting) period" of a woman is dealt with frequently in the Qu'ran. Summarized briefly, the Qur'an lays down strict rules (based largely on the women's menstruation cycles or lack thereof) for how long a woman must wait in between the end of one marriage and the beginning of another, and the purpose in the pre-modern, patriarchal societies in which the [[Shari'ah]] was codified was to ensure that a woman would not marry a new man while pregnant from her last husband and impute fathership of her baby to the wrong husband. Pursuant to these rules the Qur'an in verse 33:49 states that no [['Iddah]] is prescribed for a woman who has ''not'' had intimate contact with her husband, but goes on to stipulate an [['Iddah]] for pre-pubescent girls in verse 65:4, implying that pre-pubescent girls can be divorced, with the implication that it is possible to marry them. This has been interpreted in the orthodox Sunni Muslim tradition to mean that the[[Qur'an]] supports marrying and having sex with prepubescent girls. Despite the discomfort that this causes for modern readers, the conclusion (which is drawn explicitly in sahih hadith and tafsir traditions around this and related Qur'anic verse) seems to be that the Qur'an endorses sexual intercourse (as a part of Islamic marriage) with pre-pubescent girls. <br />
[[File:Women protesters.jpg|right|thumb|300px|March 23, 2010: Women protesters hold up copies of the Qur'an outside parliament in Sanaa while stating that a proposed law banning marriages under the age of 17 in Yemen is un-Islamic<ref>[http://www.irinnews.org/Report.aspx?ReportId=88589 YEMEN: Deep divisions over child brides] - IRIN, March 28, 2010</ref>]] <br />
==Introduction==<br />
<br />
The Qur'an has stipulated a waiting period which women must observe before they can remarry. This waiting period must be observed after they are divorced, or if their husbands have died. In the Qur'an, this is called '<nowiki/>''[[Iddah]]'' or '''Iddat'' (العدة). However, there is one exception to this requirement in Qur'an 33:49:<br />
<br />
{{Quote|{{Quran|33|49}}| {{right|<br />
ياايها الذين امنوا اذا نكحتم المؤمنات ثم طلقتموهن من قبل ان تمسوهن فمالكم عليهن من عدة تعتدونهافمتعوهن وسرحوهن سراحا جميلا<br />
}}<br />
'''Transliteration:''' ''Ya ayyuha allatheena amanoo itha nakahtumu almuminati thumma tallaqtumoohunna min qabli an tamassoohunna fama lakum AAalayhinna min AAiddatin taAAtaddoonaha famattiAAoohunna wasarrihoohunna sarahan jameelan''<br />
<br />
'''Sahih International:''' O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
<br />
From the verse above it is understood that 'Iddah (stipulated waiting period) is required if sexual contact has occurred within the marriage. If a woman is not touched by her husband, she should not have to observe any waiting period at all.<br />
<br />
After the mention of women who have not had their marriage consummated, the Qur'an goes further - discussing the women who need to observe the 'iddah, and the span of time required. We see in Qur'an 65.4: <br />
<br />
{{Quote|{{Quran|65|4}}|{{right|<br />
واللائي يئسن من المحيض من نسائكم ان ارتبتم فعدتهن ثلاثة اشهر واللائي لم يحضن واولات الاحمال اجلهن ان يضعن حملهن ومن يتق الله يجعل له من امره يسرا<br />
}} <br />
'''Transliteration:''' ''Waalla-ee ya-isna mina almaheedi min nisa-ikum ini irtabtum faAAiddatuhunna thalathatu ashhurin waalla-ee lam yahidna waolatu al-ahmali ajaluhunna an yadaAAna hamlahunna waman yattaqi Allaha yajAAal lahu min amrihi yusran''<br />
<br />
'''Sahih International:''' 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. And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease.}}<br />
<br />
Here the 'Iddah is prescribed to three categories of women:<br />
<br />
#First the phrase: “Yaisna min al-maheedhi” يئسن من المحيض which means “those women who are desperate of menses” is an indication to women who reached the stage of menstruation but do not menstruate and of those who reached menopause. Desperate of menses underlines that it concerns women who though reached the age, fail to menstruate too. Their 'Iddah period is three months.<br />
#Next comes, “Wallaee Lam yahidhna” واللائي لم يحضن which means “those who have not menstruated yet” This group of females are pre-pubescent girls who have not yet menstruated. Here the 'Iddah prescribed for them is equal to the previous group of women (ie. three months).<br />
#Lastly, the women who are pregnant - their prescribed 'iddah is until they have given birth.<br />
<br />
==Linguistic Analysis of Verse in Arabic==<br />
<br />
The Qur'an says in Arabic:<br />
<br />
{{Quote|1=[http://quran.al-islam.com/Tafseer/DispTafsser.asp?l=arb&taf=GALALEEN&nType=1&nSora=65&nAya=4 Quran 65:4]<BR>Tafsir from al-Islam.com<br />
|2= {{right|<br />
واللائي لم يحضن فعدتهن ثلاثة أشهر <br />
}}<br />
<br />
"and those who never had menses" (because they are underage)}} <br />
<br />
The transliteration of the verse and the meaning of each portion of the verse is given below:<br />
<br />
''واللائي لم يحضن" فعدتهن ثلاثة أشهر'' <br />
<br />
''Wa Al-Lā'ī Lam Yaĥiđna'' <br />
<br />
''wa'' ( <font size="4">وَ</font> ) = and<br />
<br />
''Al-Lā'ī'' ( <font size="4">وَاللَّائِي</font> ) = for those who<br />
<br />
''Lam'' ( <font size="4">لَمْ </font>) = did not (negation in past tense) <ref name="EB">Elabbas Benmamoun, Arabic morphology: The central role of the imperfective, Lingua 108 (1999) 175-201</ref> <br />
<br />
''Yaĥiđna'' ( <font size="4">يَحِضْنَ</font> ) = menstruate. <br />
<br />
''Yaĥiđna'' comes from the verbal root H-Y-D ( <font size="4">حيض</font> ) which means "to menstruate". <br />
<br />
The addition of prefix "Ya" and suffix "na" to the root "HYD" shows that the word is used in used in third person, feminine gender, plural, imperfective aspect, jussive mood.<ref>[[w:Arabic grammar|Arabic grammar]] - Wikipedia</ref><br />
<br />
The imperfective aspect, according to traditional understanding of classical Arabic grammar, by itself lacks any tense feature (as is true of other classical Semetic languages such as Hebrew). <ref name="EB" /> The tensed negatives like ''lam'' ( <font size="3">لَمْ </font> ) (negation in past tense), ''lan'' ( <font size="3">لن</font> ) (negation in future tense), ''laa'' ( لا) (negation in present tense) combined with imperfective (in different moods) decide the tense in the case of a negative sentence. <br />
<br />
Thus ''lam Yadrus لم يدرس'' = He did not study. The verb is in the imperfect tense, but the partical lam لم conveys a meaning of a simple, negated past. <br />
<br />
In the verse 65:4, '''''Lam Yaĥiđna'' لم يحضن= 'those who did not menstruate'.''' The meaning here is that the females being referred to have not, yet, menstruated, ie they are pre-pubescent. <br />
<br />
The imperfective verb in the with the negation particle ''lam'' ( <font size="3">لَمْ </font> ) (indicating a past-tense meaning) is in the [[w:Grammatical mood#Jussive|Jussive]] mood(يعني المضارع المجزوم). <ref name="EB" /> <br />
<br />
{{Quote||'''The mood is similar to the cohortative mood, in that it expresses plea, insistence, imploring, self-encouragement, wish, desire, intent, command, purpose or consequence.''' In some languages, the two are distinguished in that cohortative occurs in the first person and the jussive in the second or third. It is found in Arabic, where it is called the مجزوم, majzum. The rules governing the jussive in Arabic are somewhat complex. <ref>[[w:Grammatical mood#Jussive|Jussive]] - Wikipedia</ref>|}} <br />
<br />
Supporting these meanings, from Lane's lexicon, ''Lam'' ({{arabic|لم }}) means 'not':<br />
<br />
{{Quote|1=Lane's Lexicon for ''Lam''|2=Lam = ل<br />
<br />lam = Negative particle giving to the present the sense of the perfect; not.<ref>[http://www.studyquran.co.uk/13_LAM.htm Lam = ل] - StudyQuran</ref>}}<br />
<br />
From the Lexicon, Arabic word for Menstruate is 'Haid' ({{arabic|حيض}}):<br />
{{Quote|1= Lane's Lexicon for ''Haa''|2=Ha-Ya-Dad (Ha-Alif-Dad) = To have her courses, menstruate; Her blood flowed from her womb, to attain the age of menstruation, to make a thing flow.<br />
<br />
hada vb. (1) impf. act. 65:4<br />
<br />
mahid n.m. 2:222<br /><br />
Lane's Lexicon, Volume 2, page: 322, 323<ref>[http://www.studyquran.co.uk/9_HAA.htm ح = Ha] - StudyQuran</ref>}}<br />
<br />
It thus follows that 65:4 is describing the state of women have not yet menstruated, which would logically include children or girls before puberty or attainment of [[w:menarche|menarche]] (first period). This implication, as seen below, was also drawn by the majors [[tafsir|tafsirs]]. <br />
<br />
The exact translation of this portion of {{Quran|65|4}} is thus ''"Not menstruated yet"'' ( <font size="4">لَمْ يَحِضْنَ</font> ). In Arabic, the menstruation process is called HaiD( <font size="4">حيض</font> ), and the verb for "to menstruate" is yaHiD( <font size="4">يَحِض</font> ), with the noun likely being derivative of the verb (as with most but not all derivations in Arabic). The LAM ( <font size="4">لَمْ </font> )clearly shows that the verb refers to women who menstruated, and the na ( <font size="4">نَ</font> ) at the end of the verb drives home the point that this verb speaks of women. “Not menstruated yet” or some similar translation is the only acceptable English translation.<br />
<br />
This verse 65:4 is read by the tafsirs as a continuation of Qur'an 33:49. A question that naturally arises from these verses, and which was more or less answered by the mufassiruun, is 'if a woman who has not had sex should not have to observe any Iddah at all, as mentioned in 33:49, what is the reason for the prescribed 'Iddah for those women who have not yet menstruated?' The seems to be that marrying pre-pubescent girls and having sex with them is sanctioned by the Qur'an.<br />
<br />
The phrase found in Qur'an 65:4 as "wallaee lam yaHiDhna" واللائي لم يحضن is sometimes mistranslated by [[apologists]] by apologists to mask the fact that pre-pubescent girls are normally understood as the intended meaning here; the exact meaning of the phrase is clearly understood this way in the [[Tafsir]]<nowiki/>s.<br />
<br />
==Tafsirs of the Verse==<br />
<br />
The classical tafsirs are unanimous that this verse prescribes the 'iddah for a pre-pubscent woman. Although not spelled out explicitly in the verse itself, this meaning is clearly the one that was taken away by the orthodox Sunni muslim exegetical tradition. <br />
<br />
===Sayyid Abul Ala Maududi===<br />
<br />
{{quote |1=[http://www.islamicstudies.info/tafheem.php?sura=65 Commentary on Qur'an Chapter 65:4]<BR>Sayyid Abul Ala Maududi, Tafhim al-Qur'an|2= Here, one should bear in mind the fact that according to the explanations given in the Quran 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 Quran has held as permissible.}}<br />
<br />
Note here what Maududi mentions on giving pre-pubescent girls in marriage and consummating the marriage with them. The interpreter affirms it is permitted by the Qur'an and no Muslims can question or forbid it.<br />
<br />
===Shaykh Muhammad ibn ‘Uthaymeen===<br />
<br />
{{quote |Shaykh Muhammad ibn ‘Uthaymeen, Majmoo’at As’ilah tahumm al-Usrah al-Muslimah, p. 61-63|Surah al-Talaaq 65:4: <br />
If a woman does not menstruate, either because she is very young or old and past menopause, then her ‘iddah is three months, because Allaah says (interpretation of the meaning): “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.<ref>[http://www.islamqa.com/index.php?ln=eng&ds=qa&QR=12667 The ‘iddah of a woman divorced by talaaq] - Islam Q&A, Fatwa No. 12667</ref>}}<br />
<br />
The reason for bringing two more recent scholars is to show that ''nothing has changed'' in the Islamic tenets on marrying and having sex with pre-pubescent girls, even in this modern era.<br />
<br />
==='Ibn Kathir===<br />
<br />
{{quote |1=[http://www.tafsir.com/default.asp?sid=65&tid=54196 The `Iddah of Those in Menopause and Those Who do not have Menses (Qur'an 65:4)]<BR>Tafsir Ibn Kathir |2= 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 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.}}<br />
<br />
===Al-Jalalayn===<br />
<br />
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir al-Jalalayn|2= 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.}}<br />
<br />
===Ibn Abbas===<br />
<br />
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir Ibn Abbas|2= (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.}} <br />
<br />
===Al-Wahidi===<br />
<br />
{{quote |1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Al-Wahidi, Asbab al-nuzul|2= (And for such of your women as despair of menstruation…) [65:4]. Said Muqatil: “When the verse (Women who are divorced shall wait, keeping themselves apart…), Kallad ibn al-Nu‘man ibn Qays al-Ansari said: ‘O Messenger of Allah, '''what is the waiting period of the woman who does not menstruate and the woman who has not menstruated yet?''' And what is the waiting period of the pregnant woman?’ '''And so Allah, exalted is He, revealed this verse”.''' Abu Ishaq al-Muqri’ informed us> Muhammad ibn ‘Abd Allah ibn Hamdun> Makki ibn ‘Abdan> Abu’l-Azhar> Asbat ibn Muhammad> Mutarrif> Abu ‘Uthman ‘Amr ibn Salim who said: “When the waiting period for divorced and widowed women was mentioned in Surah al-Baqarah, Ubayy ibn Ka‘b said: ‘O Messenger of Allah, some women of Medina are saying: there are other women who have not been mentioned!’ He asked him: ‘And who are they?’ He said: '''Those who are too young [such that they have not started menstruating yet]''', those who are too old [whose menstruation has stopped] and those who are pregnant’. And so this verse (And for such of your women as despair of menstruation…) was revealed”.}}<br />
<br />
===Al-Tabari===<br />
<br />
{{Quote|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.'''}}<br />
<br />
===Al-Zamakhshari===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=2&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Al-Zamakhshari, Al-Kashshaaf|2= {{right|<br />
روي أن ناساً قالوا: قد عرفنا عدة ذوات الأقراء، فما عدة اللائي لا يحضن؛ فنزلت: فمعنى إِنِ ٱرْتَبْتُمْ }: إن أشكل عليكم حكمهن وجهلتم كيف يعتددن فهذا حكمهنّ، وقيل: إن ارتبتم في ذم البالغات مبلغ اليأس وقد قدروه بستين سنة وبخمس وخمسين، أهو دم حيض أو استحاضة؟ { فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ } وإذا كانت هذه عدة المرتاب بها، فغير المرتاب بها أولى بذلك '''{ وَٱلَّٰۤئى لَمْ يَحِضْنَ }''' هن الصغائر''' }}<br />
<br />
It is said that people said: we have known the period of the literate people, what is the waiting period of those who do not menstruate; it was revealed its meaning that "if you doubted", ie if the correct judgement is not clear and you do not know how to reckon their 'iddah this is to be the correct judgement. And it is said: if you doubted regarding the women who have despaired of further menstruation (and they estimate this to be 60 or 55 years of age) and they see more blood, is it menstruation or spotting? (Quoting the Qur'an) "Their waiting period is 3 months." And if this is the waiting period for those regarding whom there is doubt, then for those regarding whom there is no doubt, (quoting the Qur'an) "and for those how have not menstruated yet", these are the small female children. }}<br />
<br />
The bold text means “Those who have not menstruated” are young girls.<br />
<br />
===Tabrasi===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=3&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=7&Size=1&LanguageId=1 Qur'an 65:4]<BR>Tabrasi|2= {{right|{واللآئي لم يحضن}<br />
<br />
تقديره واللآئي لم يحضن إن ارتبتم فعدتهن أيضاً ثلاثة أشهر وحذف دلالة الكلام الأول عليه وهن اللواتي '''لم يبلغن''' المحيض ومثلهن تحيض على ما مرَّ بيانه.}}<br />
<br />
"And those who have not yet menstruated" ie for those who have not yet menstruated, if you doubted, their waiting period is three months, negating the reference to the previous verse, these are those women who have not yet reached the age of menstruation and those like them who's menstruation escapes observation. }}<br />
<br />
The bold text translates as “They are those who haven’t reached the age of menstruation”. Tabrasi comments on the phrase “Wallaee Lam yahidhna” = “Those who have not menstruated yet” in the verse.<br />
<br />
===Al-Shawkani===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=9&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=3&Size=1&LanguageId=1 Qur'an 65:4]<BR>Al-Shoukani, Fath al-Qadir|2= {{right|<br />
{ فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ '''وَٱللاَّئِى لَمْ يَحِضْنَ } لصغرهن، وعدم بلوغهن سن المحيض،''' أي: فعدتهن ثلاثة أشهر }}<br />
<br />
Due to their youth, and their lack of reaching adult age, (quoting the Qur'an) "their waiting period is 3 month" and "those who have not menstruated yet"). IE the waiting period of these ones is 3 months. }}<br />
<br />
The bold part translated as: “Those who have not menstruated yet” are young girls who have not reached the age of menstruation.<br />
<br />
===Abu-Hayyan===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=19&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Abu-Hayyan|2= {{right|{واللائي لم يحضن }<br />
<br />
<br />
،فالعدة هذه، فتلخص في قوله: { إن ارتبتم } قولان: أحدهما، أنه على ظاهر مفهوم اللغة فيه، وهو حصول الشك؛ والآخر، أن معناه التيقن للإياس؛ والقول الأول معناه: إن ارتبتم في دمها، أهو دم حيض أو دم علة؟ أو إن ارتبتم في علوق بحمل أم لا؛ أو إن ارتبتم: أي جهلتم عدتهن، أقوال. والظاهر أن قوله: واللائي '''لم يحضن''' } يشمل من لم يحض لصغر، }}<br />
<br />
As for the waiting period, it is summed up in its saying (quoting the Qur'an) "if you doubted", with two meanings: one of them, which appears exceedingly understandable, 'this is in the case of doubt'; and the other, whose meaning is certainly "have reached to the point of despair." The meaning of the first: if you doubted her blood, is it menstrual blood or caused by an illness or health irregularity? Or perhaps if you suspect a calamity (miscarriage) has happened or not? Or the verses which are for if you are not sure of their waiting period. And this much is clear: (quoting the Qur'an) 'as for those who have not yet menstruated.' This includes those who have not menstruated due to their young age. }}<br />
<br />
The bold: “Those who have not menstruated yet” denotes those not menstruated because of being young.<br />
<br />
==Evidence from the Hadith==<br />
<br />
From Imam Bukhari in his book of Tafsir and hadith collections:<br />
<br />
{{Quote|[http://bewley.virtualave.net/bukhari33.html Sahih Al-Bukhari, Chapter 68: Book of Tafsir]|'''CCCLXXXIV: The Tafsir of Surat at-Talaq'''<BR><BR>Mujahid said that "if you have any doubt" (65:4) means if you do not know whether she menstruates or not. Those who do not longer menstruate and '''those who have not yet menstruated, their 'idda is three months'''.}}<br />
<br />
{{Quote|{{cite web quotebox|url= http://archive.org/download/SahihAl-bukhari9Vol.Set/SahihAl-bukhariVol.7-Ahadith5063-5969.pdf|title= The Translation of the Meanings of Sahih Al-Bukhari|publisher= Dar-us-Salam Publications|isbn= 9960-717-38-0|author= Al-Bukhari (au.), Muhammad M. Khan (tr.)|date= June 1, 1997|series=vol. 7, book 67, ch. 39|page= 57|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Farchive.org%2Fdownload%2FSahihAl-bukhari9Vol.Set%2FSahihAl-bukhariVol.7-Ahadith5063-5969.pdf&date=2013-08-13|deadurl=no}}|'''(39) CHAPTER. Giving one's young children in marriage (is permissible).''' <br />
<br />
By virtue of the Statement of Allah : "...and for those who have no (monthly) <br />
courses (i.e. they are still immature).. (V.65:4) And the 'Idda for the girl before puberty is <br />
three months (in the above Verse). <br />
<br />
'''5133.''' Narrated 'Aishah; that the Prophet wrote the marriage contract with 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).}}<br />
<br />
From Sahih Muslim:<br />
<br />
{{Quote|Capter heading for {{Muslim|8|3309}} to {{Muslim|8|3311}}|Chapter 10: It is permissible for the father to give the hand of his daughter in marriage '''even when she is not fully grown''' up.}}<br />
<br />
The following Muwatta hadith shows it's permissible to marry girls who have not reached puberty:<br />
<br />
{{quote|{{Muwatta|29|33|108|}}|<br />
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."<br />
<br />
'''Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies." '''<br />
<br />
Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.''<br />
<br />
Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."}}<br />
<br />
The following is from Fath al-Bari, the most authoritative commentary on Sahih Al-Bukhari:<br />
<br />
{{Quote|1=|2= {{right|<br />
واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ ) أي فدل على أن نكاحها قبل البلوغ جائز <br />
}}<br />
<br />
"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."<ref>[http://hadith.al-islam.com/display/Display.asp?Doc=0&Rec=7644 Al-Islam (Arabic text)]</ref><ref>[http://www.islamweb.net/newlibrary/display_book.php?idfrom=9381&idto=9382&bk_no=52&ID=2847 IslamWeb (Arabic text)]</ref>}}<br />
<br />
==Recent Fatwas==<br />
<br />
IslamOnline.net is one of the most popular Islamic fatwa sites on the internet. The following excerpt is taken from a December 2010 fatwa.<br />
<br />
{{Quote|1=[http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamonline.net%2Far%2FIOLCounsel_C%2F1278406761316%2F1278406720653%2F%D9%87%D9%84-%D9%8A%D8%AC%D9%88%D8%B2-%D8%AA%D8%AD%D8%AF%D9%8A%D8%AF-%D8%B3%D9%86-%D8%B2%D9%88%D8%A7%D8%AC-%D9%84%D9%84%D9%81%D8%AA%D9%8A%D8%A7%D8%AA%D8%9F-&date=2011-02-03 Is it permissible to restrict the age at which girls can marry?]<BR>Submitted by Ahmad, IslamOnline, December 24, 2010|2=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.}}<br />
<br />
{{Quote|1=[http://www.webcitation.org/61C5nBLpe <!-- original URL http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=88089 -->Child marriage in Islam]<BR>Islamweb, Fatwa No. 88089, June 24, 2004|2='''Getting married at an early age is something that is confirmed by the book of Allah''', the Sunnah of his Prophet (Sallallahu Alaihi wa Sallam), the consensus of the scholars and the actions of the companions, and the Muslims who came after them. <br />
<br />
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. <br />
<br />
The evidence from the Qur'an is: <br />
<br />
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)<br />
<br />
So, '''Allah set rulings of marriage, divorce and waiting period for the women who have not yet had menses, i.e. the young girls'''.<br />
<br />
The Iddah (waiting period) does not take place except after marriage.}}<br />
<br />
==Modern Views and Perspectives on the Meaning of Qur'an 65:4==<br />
<br />
===The Qur'an prohibits marriage to pre-pubescent females===<br />
<br />
Some Modern [[dawah|du'aah]] who decry the traditional sources as endorsing pedophilia often take issue with the interpretation of the wording of Qur'an 65:4 in these source. They see the verse as limited to women of current-day adulthood and not pre-pubescent women (again taking as a starting point modern modes of understanding "adulthood" for women.<ref>{{Cite web| title = Does verse 65:4 encourage child marriage?| author = Abu Amina Elias AKA Justin Parrott| work = Faith in Allah الإيمان بالله "Any practice that causes harm to children is unlawful in Islam."| date = | access-date = 6 January 2022| url = https://www.abuaminaelias.com/verse-65-4-child-marriage/| quote = }}</ref>. Qur'an 4:6 is often leveraged as part of this argument:<br />
<br />
{{quote|{{Qtt|4|6}}|<br />
{{right|وابتلوا اليتامى حتى اذا بلغوا النكاح فان انستم منهم رشدا فادفعوا اليهم اموالهم ولاتاكلوها اسرافا وبدارا ان يكبروا ومن كان غنيا فليستعفف ومن كان فقيرا فلياكل بالمعروف فاذا دفعتم اليهم اموالهم فاشهدوا عليهم وكفى بالله حسيبا<br />
}}<br />
<br />
'''Transliteration:''' Waibtaloo alyatama hatta itha balaghoo aln'''nikaha''' fa-in anastum minhum rushdan faidfaAAoo ilayhim amwalahum wala ta/kulooha israfan wabidaran an yakbaroo waman kana ghaniyyan falyastaAAfif waman kana faqeeran falya/kul bialmaAAroofi fa-itha dafaAAtum ilayhim amwalahum faashhidoo AAalayhim wakafa biAllahi haseeban<br />
<br />
'''Yusuf Ali:''' Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is Allah in taking account. <br />
<br />
'''Pickthal:''' Prove orphans till they reach the marriageable age; then, if ye find them of sound judgment, deliver over unto them their fortune; and devour it not by squandering and in haste lest they should grow up Whoso (of the guardians) is rich, let him abstain generously (from taking of the property of orphans); and whoso is poor let him take thereof in reason (for his guardianship). And when ye deliver up their fortune unto orphans, have (the transaction) witnessed in their presence. Allah sufficeth as a Reckoner.<br />
<br />
'''Shakir:''' And test the orphans until they attain puberty; then if you find in them maturity of intellect, make over to them their property, and do not consume it extravagantly and hastily, lest they attain to full age; and whoever is rich, let him abstain altogether, and whoever is poor, let him eat reasonably; then when you make over to them their property, call witnesses in their presence; and Allah is enough as a Reckoner.}}<br />
<br />
The word [[Nikah]] can have multiple understandings:<br />
<br />
#According to the Islamic Shar'iah, "Nikah" is a technical term, whose Shar'i (Islamic legal) meaning is "the consumation of a marriage through vaginal intercourse" and in many Islamic languages and cultures, such as Urdu speaking Muslims in South Asia, this by extension merely means "(Islamic) marriage." In Arabic, though , ''Zuwaaj'' زواج<ref>[http://www.studyquran.co.uk/28_ZAY.htm Lane's Lexicon - Zay-Waw-Jiim]</ref> is the specific word for just "marriage" (although the contract of marriage which both parties sign is called "'aqd an-nikaah" عقد النكاح), but the Qur'an uses both words in reference to marrying women; Nikaah for human females and Zuwaaj for the Houris.<br />
#The underlying, literal meaning of "Nikaah" in Arabic language is vaginal, "[[Nikah (Sexual Consummation of Marriage)|Sexual Intercourse]]"<br />
<br />
Few Modern du'aah use this word "Nikaah" in this verse to mean "marriage" (i.e. till they (the orphans) reach the age of marriage). Their argument is that this verse links the age of "Nikaah" with "becoming sound in Judgement to take care of the property", and thus a child's Nikaah is impossible while a child does not have the sound judgement to take care of his/her property. <br />
<br />
But contrary to these modern Islamic advocates, the traditional view of Muslim 'ulamaa' of the last 1400 years was that word "Nikaah" had been used in it's literal meaning here (i.e. reaching the age where they are able to do the sexual intercourse). And their arguments are as follows:<br />
<br />
Firstly, this verse is talking about the "male orphans" and not about the "female orphans". It becomes evident from the Arabic word بَلَغُوا (balaghū) in this verse, and the Arabic grammar used in it is (3rd person '''masculine''' plural perfect verb). This Arabic grammar could be seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=4&verse=6 Corpus Quran Website]. <br />
<br />
Thus the exact translation of this verse becomes: "''And test the ('''male''') orphans until they reach the age of (doing) the '''sexual intercourse (i.e. Nikah)'''. Then if you perceive in them sound judgement, release their property to them ...''."<br />
<br />
Secondly, it becomes even more evident from another verse of Quran 17:34:<br />
<br />
{{Quote|{{Quran|17|34}}|وَلَا تَقْرَبُوا۟ مَالَ ٱلْيَتِيمِ إِلَّا بِٱلَّتِى هِىَ أَحْسَنُ حَتَّىٰ يَبْلُغَ '''أَشُدَّهُۥ''' ۚ </br><br />
Come not nigh to the orphan's property except to improve it, until he attains the age of '''full strength'''}}<br />
<br />
The word أَشُدَّهُ (full strength) in this verse means the age when a young boy starts feeling the desire/strength of doing sexual intercourse. <br />
<br />
And the Arabic grammar in the word يَبْلُغَ in this verse is '''"3rd person masculine singular imperfect verb"''', which again points out that this verse is talking about the "male orphans" only. This Arabic grammar could be again seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=17&verse=34 Corpus Quran Website].<br />
<br />
It should be noted that:<br />
<br />
*As far as Shari'i 'aqd an-Nikaah (marriage) is concerned, then there is no condition present in it of reaching the أَشُدَّهُ (i.e. Strength to do the intercourse).<br />
*And the proof is that Muhammad himself did the Shari'i Nikah with 'Aisha, when she was only 6 years old.<br />
*And no one tests a 6 years old child for handing over his/her property to him/her, as 6 years old child has neither أَشُدَّهُ (Strength/Desire) nor he/she has any kind of "sound judgement" to look after his/her property.<br />
<br />
Thus, the Shar'i Nikah has nothing to do with the أَشُدَّهُ (strength), as Muhammad did this Shar'i Nikah with 6 years 'Aisha. <br />
<br />
Actually, even at the age of 9, when 'Aisha finally came to the house of Muhammad for the consummation of marriage, still she was not mentally sound enough to look after any property or business. It is evident from the following hadith:<br />
<br />
{{Quote|{{Bukhari|||6130|darussalam}}|Narrated `Aisha:<br />
<br />
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 (ﷺ) used to enter (my dwelling place) they used to hide themselves, but the Prophet would call them to join and play with me.}}<br />
<br />
According to Islamic Sharia:<br />
<br />
*When a girl reaches puberty, then she herself gets the right to give her consent for the marriage, or to deny the marriage.<br />
*But if she is a minor or prepubescent girl, then her father/guardian could wed her to anyone even without her consent<ref>[https://islamqa.info/en/answers/12708/is-it-acceptable-to-marry-a-girl-who-has-not-yet-started-her-menses The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. Fatwa Website Islam Q&A.] </ref>.<br />
*And if she is a prepubescent and also an orphan, then her guardian has the right to wed her with himself (even without her consent), in order to get her property and the wealth.<br />
<br />
It is evident from the following hadith: <br />
<br />
{{Quote|{{Bukhari|||5064|darussalam}}|Narrated 'Urwa:<br />
<br />
that he asked `Aisha about the Statement of Allah: '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) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! '''(This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr''', and they are ordered to marry other women instead of them."}}<br />
<br />
And it is also evident from the following Quranic Verse: <br />
<br />
{{Quote|{{Quran|4|127}}|You also read them (the guardians) in the Book concerning orphaned women (in your charge) '''to whom you deny their ordained rights and yet wish to take them in marriage''', as well as in respect of helpless children, that you should be just in the matter of orphans." The good you do is known to God.}}<br />
<br />
Thus a prepubescent girl is practically at the mercy of her guardian, and he could marry her to himself, even without her consent, and even for very little Mahr price. <br />
<br />
The Tafsir's agree with this understanding of 4:6:<br />
<br />
{{quote|1=[http://tafsir.com/default.asp?sid=4&tid=10463 Giving Back the Property of the Orphans When They Reach Adulthood (Qur'an 4:6)]<BR>Tafsir Ibn Kathir|2=<br />
'''Giving Back the Property of the Orphans When They Reach Adulthood'''<br />
<br />
Allah said,<br />
{{right|<br />
[وَابْتَلُواْ الْيَتَـمَى]<br />
}}<br />
(And test orphans) meaning, test their intelligence, as Ibn `Abbas, Mujahid, Al-Hasan, As-Suddi and Muqatil bin Hayyan stated.<br />
{{right|<br />
[حَتَّى إِذَا بَلَغُواْ النِّكَاحَ]<br />
}}<br />
(until they reach the age of marriage), the age of puberty, according to Mujahid. The age of puberty according to the majority of scholars comes when the child has a wet dream. In his Sunan, Abu Dawud recorded that `Ali said, "I memorized these words from the Messenger of Allah ,<br />
{{right|<br />
«لَا يُتْمَ بَعْدَ احْتِلَامٍ، وَلَا صُمَاتَ يَوْمٍ إِلَى اللَّيْل»<br />
}}<br />
(There is no orphan after the age of puberty nor vowing to be silent throughout the day to the night.) In another Hadith, `A'ishah and other Companions said that the Prophet said,<br />
{{right|<br />
«رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ، عَنِ الصَّبِيِّ حَتَّى يَحْتَلِمَ، وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ، وَعَنِ الْمَجْنُونِ حَتَّى يُفِيق»<br />
}}<br />
s(The pen does not record the deeds of three persons: the child until the age of puberty, the sleeping person until waking up, and the senile until sane.) Or, the age of fifteen is considered the age of adolescence. In the Two Sahihs, it is recorded that Ibn `Umar said, "I was presented in front of the Prophet on the eve of the battle of Uhud, while I was fourteen years of age, and he did not allow me to take part in that battle. But I was presented in front of him on the eve of the battle of Al-Khandaq (The Trench) when I was fifteen years old, and he allowed me (to join that battle).'' `Umar bin `Abdul-`Aziz commented when this Hadith reached him, "This is the difference between a child and an adult.'' There is a difference of opinion over whether pubic hair is considered a sign of adulthood, and the correct opinion is that it is. The Sunnah supports this view, according to a Hadith collected by Imam Ahmad from `Atiyah Al-Qurazi who said, We were presented to the Prophet on the day of Qurizah, whoever had pubic hair was killed, whoever did not was left free to go, I was one of those who did not, so I was left free.'' The Four Sunan compilers also recorded similar to it. At-Tirmidhi said, "Hasan Sahih.'' Allah's statement,<br />
{{right|<br />
[فَإِنْ ءَانَسْتُمْ مِّنْهُمْ رُشْداً فَادْفَعُواْ إِلَيْهِمْ أَمْوَلَهُمْ]<br />
}}<br />
(if then you find sound judgment in them, release their property to them,) Sa`id bin Jubayr said that this portion of the Ayah means, when you find them to be good in the religion and wise with their money. Similar was reported from Ibn `Abbas, Al-Hasan Al-Basri and others among the Imams. The scholars of Fiqh stated that when the child becomes good in the religion and wise concerning with money, then the money that his caretaker was keeping for him should be surrendered to him.}}<br />
<br />
{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsir al-Jalalayn|2=<br />
{{right|<br />
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
Try, test, well the orphans, before reaching maturity with regard [the duties of] religion and [before] they can [legally] manage their own affairs, until they reach the age of marrying, that is, until they have become eligible for it through puberty or [legal] age, which, according to al-Shāfi‘ī, is the completion of fifteen years; then, if you perceive in them maturity, that is, right [judgement] in matters of religion and their property, deliver their property to them; consume it not, O guardians, wastefully, without due merit, and in haste, that is, hastening to expend it, fearing, lest they should grow up, and become mature, at which time you will be obliged to hand it over to them. If any man, who is a guardian, is rich, let him be abstinent, that is, let him abstain from the orphan’s property and refrain from consuming it; if he is poor, let him consume, of it, honourably, that is, in line with the wage for his work. And when you deliver to them, the orphans, their property, take witnesses over them, that they have received it and that you are absolved [of the obligation], so that if any dispute occurs, you are able to refer to a clear proof: this is a command [intended] for guidance. God suffices as a reckoner, as a guardian of His creatures’ deeds and as a reckoner of these [deeds] (the bā’ [in bi’Llāhi] is extra).}}<br />
<br />
{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsîr Ibn Abbas|2=<br />
{{right|<br />
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
(Prove orphans) test the intelligence of orphans (till they reach the marriageable age) the age of puberty; (then, if ye find them of) if you see that they possess (sound judgement) righteousness in Religion and a tendency to protect their wealth, (deliver over unto them their fortune) then give their wealth which is with you; (and devour it not squandering) it in transgression and unlawfully (and in haste) in haste lest the orphan grows older and consumes it little by little (lest they should grow up) for fear that they grow older and stop you from devouring their wealth. (Whoso (of the guardians) is rich) and needs not the orphan's wealth, (let him abstain generously) because of his richness from taking of the property of orphans, nor should he diminish anything from their wealth; (and whoso is poor) and needy (let him take thereof in reason (for his guardianship)) in measure, such that he is not in need for the wealth of orphans; it is also said that this means: he should take from the wealth of orphans in proportion with the measure of his work regarding this wealth; and it is also said that this means: he can take from the wealth of orphans as a loan to be paid back. (And when ye deliver up their fortune unto orphans) when they reach the legal age, (have (the transaction) witnessed in their presence) when you deliver it to them. (Allah sufficeth as a Reckoner) Allah suffices as a witness. This verse was revealed about Thabit Ibn Rifa'ah al-Ansari.}}<br />
<br />
{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Al-Wahidi, Asbab Al-Nuzul|2=<br />
{{right|<br />
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
(Prove orphans…) [4:6]. This was revealed about Thabit ibn Rifa‘ah and his uncle. Rifa‘ah died when his son Thabit was very young. The uncle of Thabit went to the Messenger of Allah, Allah bless him and give him peace, and said: “The son of my brother is an orphan under my care, what is lawful for me from his wealth? And when should I give him back his wealth?” And so Allah, exalted is He, revealed this verse.}}<br />
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===The Arabic word “Nisaa'” does not refer to young females===<br />
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Some defenders of the Qur'an, speaking in English, claim that the Qur'an only uses the word ''Nisaa''' to refer to mature, adult women, therefore 65:4 cannot be talking about pre-pubescent females.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = Kaleef K. Karim| work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = that the Arabic word ‘Nisa’ could also refer to ‘female children’. Let us take a look in Arabic-English dictionaries. The Arabic word ‘Nisa’ has been used 59 times in the Quran. Not once has the word ‘Nisa’ been used for a ‘child(ren)’, it has always referred to mature adult women. Dr. Rohi Baalbaki, says in Al-Mawrid: A modern Arabic-English Dictionary:}}</ref> This linguistic argument does not hold water, even just on the basis of the Qur'an itself as a text. The word merely means "women/females" and can refer to mixed groups of women of various ages, as the English "female" or "women." Here are some verses that use the word ''"nisaa'"'':<br />
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{{Quote|{{Quran|2|49}}|وَإِذْ نَجَّيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ يُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith najjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' And remember, We delivered you from the people of Pharaoh: They set you hard tasks and punishments, slaughtered your sons and let your women-folk live; therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|7|127}}|وَقَالَ ٱلْمَلَأُ مِن قَوْمِ فِرْعَوْنَ أَتَذَرُ مُوسَىٰ وَقَوْمَهُۥ لِيُفْسِدُوا۟ فِى ٱلْأَرْضِ وَيَذَرَكَ وَءَالِهَتَكَ ۚ قَالَ سَنُقَتِّلُ أَبْنَآءَهُمْ وَنَسْتَحْىِۦ نِسَآءَهُمْ وَإِنَّا فَوْقَهُمْ قَٰهِرُونَ<br />
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'''Transliteration:''' ''Waqala almalao min qawmi firawna atatharu moosa waqawmahu liyufsidoo fee alardi wayatharaka waalihataka qala sanuqattilu abnaahum wanastahyee '''Nisa'''ahum wainna fawqahum qahiroona'' <BR><BR><br />
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'''Yusuf Ali:''' Said the chiefs of Pharaoh’s people: “Wilt thou leave Moses and his people, to spread mischief in the land, and to abandon thee and thy gods?” He said: “Their male children will we slay; (only) their females will we save alive; and we have over them (power) irresistible."}}<br />
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{{Quote|{{Quran|7|141}}|وَإِذْ أَنجَيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ ۖ يُقَتِّلُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith anjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuqattiloona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' And remember we rescued you from Pharaoh’s people, who afflicted you with the worst of penalties, who slew your male children and saved alive your females: in that was a momentous trial from your Lord.}}<br />
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{{Quote|{{Quran|14|6}}|وَإِذْ قَالَ مُوسَىٰ لِقَوْمِهِ ٱذْكُرُوا۟ نِعْمَةَ ٱللَّهِ عَلَيْكُمْ إِذْ أَنجَىٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ وَيُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith qala moosa liqawmihi othkuroo niAAmata Allahi AAalaykum ith anjakum min ali firawna yasoomoonakum sooa alAAathabi wayuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' Remember! Moses said to his people: “Call to mind the favour of Allah to you when He delivered you from the people of Pharaoh: they set you hard tasks and punishments, slaughtered your sons, and let your females live: therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|40|25}}|فَلَمَّا جَآءَهُم بِٱلْحَقِّ مِنْ عِندِنَا قَالُوا۟ ٱقْتُلُوٓا۟ أَبْنَآءَ ٱلَّذِينَ ءَامَنُوا۟ مَعَهُۥ وَٱسْتَحْيُوا۟ نِسَآءَهُمْ ۚ وَمَا كَيْدُ ٱلْكَٰفِرِينَ إِلَّا فِى ضَلَٰلٍ<br />
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'''Transliteration:''' ''Falamma jaahum bialhaqqi min AAindina qaloo oqtuloo abnaa allatheena amanoo maAAahu waistahyoo '''Nisa'''ahum wama kaydu alkafireena illa fee dalalin''<BR><BR><br />
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'''Yusuf Ali:''' Now, when he came to them in Truth, from Us, they said, "Slay the sons of those who believe with him, and keep alive their females," but the plots of Unbelievers (end) in nothing but errors (and delusions)!...}}<br />
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In the above verses, the word ''"Nisaa'"'' is referring to female infants. The biblical original of this story, which the Qur'an relies upon and which commentary on the Qur'an confirms in this case, <br />
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{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:15-16;&version=49; Exodus 1:15-16]|2=<br />
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וַיֹּ֨אמֶר֙ מֶ֣לֶךְ מִצְרַ֔יִם לַֽמְיַלְּדֹ֖ת הָֽעִבְרִיֹּ֑ת אֲשֶׁ֨ר שֵׁ֤ם הָֽאַחַת֙ שִׁפְרָ֔ה וְשֵׁ֥ם הַשֵּׁנִ֖ית פּוּעָֽה:וַיֹּ֗אמֶר בְּיַלֶּדְכֶן֙ אֶת־הָ֣עִבְרִיּ֔וֹת וּרְאִיתֶ֖ן עַל־הָֽאָבְנָ֑יִם אִם־בֵּ֥ן הוּא֙ וַֽהֲמִתֶּ֣ן אֹת֔וֹ וְאִם־בַּ֥ת הִ֖וא וָחָֽיָה:<br />
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''"And the king of Egypt spoke to the Hebrew midwives, of whom the name of the one was Shiphrah, and the name of the other Puah; and he said: ‘When ye do the office of a midwife to the Hebrew women, ye shall look upon the birthstool: if it be a son, then ye shall kill him; but if it be a daughter, then she shall live.’''}}<br />
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{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:22;&version=49; Exodus 1:22]|2=<br />
כבוַיְצַ֣ו פַּרְעֹ֔ה לְכָל־עַמּ֖וֹ לֵאמֹ֑ר כָּל־הַבֵּ֣ן הַיִּלּ֗וֹד הַיְאֹ֨רָה֙ תַּשְׁלִיכֻ֔הוּ וְכָל־הַבַּ֖ת תְּחַיּֽוּן:<br />
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''And Pharaoh charged all his people, saying: ‘Every son that is born ye shall cast into the river, and every daughter ye shall save alive.''}}<br />
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Moreover the Quran itself clarifies “Who the ''Nisa'' are”. <br />
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{{Quote|{{Quran|4|127}}|{{right|<br />
ويستفتونك في النساء قل الله يفتيكم فيهن ومايتلى عليكم في الكتاب في يتامى النساء اللاتي لاتؤتونهن ماكتب لهن وترغبون ان تنكحوهن والمستضعفين من الولدان وان تقوموا لليتامى بالقسط وماتفعلوا من خير فان الله كان به عليما }}<br />
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'''Transliteration:''' ''Wayastaftoonaka fee alnnisa-i quli Allahu yufteekum feehinna wama yutla AAalaykum fee alkitabi fee yatama alnnisa-i allatee la tu/toonahunna ma kutiba lahunna watarghaboona an tankihoohunna waalmustadAAafeena mina alwildani waan taqoomoo lilyatama bialqisti wama tafAAaloo min khayrin fa-inna Allaha kana bihi AAaleeman'' <br />
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'''Literal:''' And they ask for your opinion/clarification about the women, say: "God decreed/clarifies in them (F), and what is read/recited on you in The Book in the women orphans/minors that lose their father, those who (F) you did not give them (F) what was written/dictated to them (F), and you desire that you marry them (F), and the weakened from the children/newborns, and that you take care of to the orphans/minors that lose their father with the just/equitable; and what you make/do from goodness, so that God was/is with it knowledgeable."<ref>[{{Reference archive|1=http://iknowledge.islamicnature.com/quran/surah/4/lang/englishliteral/|2=2011-11-27}} 4. An-Nisa - Women (سورة النساء) - Revealed in Madinah (English: Literal)] - IslamicNature, accessed November 27, 2011</ref>}}<br />
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Here Muhammad is asked who the "Nisaa'" were, and the response delineates who they are:<br />
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#Orphans<br />
#Female wards<br />
#Those you desire to marry<br />
#The weakened from the children or new born.<br />
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===65.4 talks only of the 'Iddah and not of sexual activity===<br />
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One point of focus for modern commentators, seeking to defend the Qur'an from the charge of endorsing pedophilia, is that 65:4 does not explicitly discuss consummation or other sexual activity in regards to any of the females discussed in the verse; it merely sets the prescribed 'Iddah required for each.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = | work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = }}</ref>The 'iddah (prescribed waiting period) for females is required after a divorce or widowing, so that a child's father can be correctly identified. In addition to multiple tafsir and hadith traditions on 65:4, this is also established in Qur'an 33:49: <br />
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{{Quote|{{Quran|33|49}}|<br />
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَٰتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا<br />
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O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
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The tafsirs further expound on the meaning of the 'iddah according to this verse:<br />
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{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=1841&Itemid=89#1 A Gift and no (Iddah) for Women Who are divorced before Consummation of the Marriage (Qur'an 33:49)]<BR>Tafsir Ibn Kathir|2= {{right|<br />
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)}}<br />
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49. O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no `Iddah have you to count in respect of them. So, give them a present, and set them free in a handsome manner.)<br />
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This Ayah contains many rulings, including the use of the word Nikah for the marriage contract alone. There is no other Ayah in the Qur'an that is clearer than this on this point. It also indicates that it is permissible to divorce a woman before consummating the marriage with her.<br />
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(الْمُؤْمِنَـتِ)<br />
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(believing women)<br />
This refers to what is usually the case, although there is no difference between a believing (Muslim) woman and a woman of the People of the Book in this regard, according to scholarly consensus. Ibn `Abbas, may Allah be pleased with him, Sa`id bin Al-Musayyib, Al-Hasan Al-Basri, `Ali bin Al-Husayn Zayn-ul-`Abidin and a group of the Salaf took this Ayah as evidence that divorce cannot occur unless it has been preceded by marriage, because Allah says,<br />
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(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
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(When you marry believing women, and then divorce them) <br />
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The marriage contract here is followed by divorce, which indicates that the divorce cannot be valid if it comes first. Ibn Abi Hatim recorded that Ibn `Abbas, may Allah be pleased with him, said, "If someone were to say, `every woman I marry will ipso facto be divorced,' this does not mean anything, because Allah says:<br />
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(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
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(O you who believe! When you marry believing women, and then divorce them....).'' It was also reported that Ibn `Abbas, may Allah be pleased with him, said: "Allah said,<br />
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(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
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(When you marry believing women, and then divorce them.) Do you not see that divorce comes after marriage'' A Hadith to the same effect was recorded from `Amr bin Shu`ayb from his father from his grandfather, who said: "The Messenger of Allah said:<br />
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«لَا طَلَاقَ لِابْنِ آدَمَ فِيمَا لَا يَمْلِك»<br />
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(There is no divorce for the son of Adam with regard to that which he does not possess.) This was recorded by Ahmad, Abu Dawud, At-Tirmidhi and Ibn Majah. At-Tirmidhi said, "This is a Hasan Hadith, and it is the best thing that has been narrated on this matter.'' It was also recorded by Ibn Majah from `Ali and Al-Miswar bin Makhramah, may Allah be pleased with them, that the Messenger of Allah said:<br />
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«لَا طَلَاقَ قَبْلَ نِكَاح»<br />
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(There is no divorce before marriage.)<br />
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(فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا)<br />
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(no `Iddah have you to count in respect of them.) This is a command on which the scholars are agreed, that if a woman is divorced before the marriage is consummated, she does not have to observe the `Iddah (prescribed period for divorce) and she may go and get married immediately to whomever she wishes. The only exception in this regard is a woman whose husband died, in which case she has to observe an `Iddah of four months and ten days even if the marriage was not consummated. This is also according to the consensus of the scholars.<br />
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(فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
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(So, give them a present, and set them free in a handsome manner.) The present here refers to something more general than half of the named dowery or a special gift that has not been named. Allah says:<br />
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(وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ)<br />
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(And if you divorce them before you have touched (had a sexual relation with) them, and you have fixed unto them their due (dowery) then pay half of that) (2:237). And Allah says:<br />
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(لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ)<br />
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(There is no sin on you, if you divorce women while yet you have not touched them, nor fixed unto them their due (dowery). But bestow on them gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.) (2:236) pIn Sahih Al-Bukhari, it was recorded that Sahl bin Sa`d and Abu Usayd, may Allah be pleased with them both, said, "The Messenger of Allah married Umaymah bint Sharahil, and when she entered upon him he reached out his hand towards her, and it was as if she did not like that, so he told Abu Usayd to give her two garments.'' `Ali bin Abi Talhah reported that Ibn `Abbas, may Allah be pleased with him, said "If the dowery had been named, she would not be entitled to more than half, but if the dowery is not been named, he should give her a gift according to his means, and this is the "handsome manner.''}}<br />
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{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir al-Jalalayn|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
O you who believe if you marry believing women and then divorce them before you have touched them (read tamassūhunna or tumāsūhunna) that is, before you have copulated with them, there shall be no [waiting] period for you to reckon against them, [no] waiting period [needed to preclude pregnancy] or otherwise. But provide for them, give them what they can use for [securing] comforts, in cases where no dowry has been fixed for them; otherwise theirs is to retain half of what was fixed, but no more — this is what Ibn ‘Abbās said and it is [the opinion] followed by al-Shāfi‘ī’; and release them in a gracious manner, leave them be without [the intention to cause them any] harm.}}<br />
<br />
{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir 'Ibn Abbas|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
(O ye who believe! If ye wed believing women) without naming the amount of their dowry (and divorce them before ye have touched them) before you had sexual intercourse with them, (then there is no period that ye should reckon) by counting the months or the periods of menstruation. (But content them) as is due by divorce by giving them at least a scarf or shawl (and release them handsomely) divorce them without any harm done to them.}}<br />
<br />
This verse effectively removes the apologist's objection to Qur'an 65.4 as we see clearly that if a man has not consummated his marriage with his wife then she does not need to observe an 'iddah. If Qur'an 65.4 specifies that pre-pubescent females must observe a 3 month 'iddah then clearly sexual intercourse is halal to Allah.<br />
<br />
===This verse is only talking about adult women who don't know if they are pregnant===<br />
<br />
The very reason 65:4 was revealed in the first place, was as a clarification to an existing revelation by Allah. Allah had already revealed that women must wait 3 menstrual periods before they can end the 'iddat and be free to marry again. This is in Qur'an 2:228:<br />
<br />
{{quote|{{Quran|2|228}}|'''And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs''', if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and Allah is Mighty, Wise. }}<br />
<br />
However, after this, Muslim men went to Muhammad to ask about those who did not presently have their menses - how do they measure the 'iddat in those cases? It is in this circumstance that Allah sent down the clarification (65:4) for the three groups of women that did not have menstruation, therefore they could not wait the '3 menstrual cycles' as mandated by Qur'an 2:228.<br />
<br />
Those Muslims who make this claim are ignoring what all of their own scholars have said about 65:4; that it is referring to the peri-menopausal and post menopausal women, the pre-pubescent girls and the pregnant women. The women who are currently menstruating are told in Qur'an 2:228 that they must wait 3 menstrual cycles, therefore this apologetic is also debunked.<br />
<br />
===This verse is applied to unconsummated widows===<br />
<br />
Another claim is that Qur'an 65:4 doesn't necessarily mean that Muslim men can have sex with pre-pubescent females because there may be cases where a man has married a pre-pubescent female, but while waiting for her to attain menstruation before consummating the marriage, he died. The 'iddah could be referring to a situation such as this. This claim is invalid because the Qur'an specifies the 'iddah for ''all'' widows to be 4 months and 10 days; in Qur'an 2:234:<br />
<br />
{{Quote|{{Quran|2|234}}|And (as for) those of you who die and leave wives behind, they should keep themselves in waiting for four months and ten days; then when they have fully attained their term, there is no blame on you for what they do for themselves in a lawful manner; and Allah is aware of what you do.}}<br />
<br />
Snce the 'Iddah specified in Qur'an 65.4 is for a different amount of time, this situation would not seem to be the subject of 65:4. <br />
<br />
<br /><br />
==See Also==<br />
<br />
*[[Child Marriage in the Muslim World]]<br />
<br />
{{Translation-links-english|[[Pedophilie_dans_le_Coran|French]]}}<br />
<br />
==External Links==<br />
<br />
*[http://www.answering-islam.org/Quran/Versions/065.004.html Marriage to Minors: Surah At-Talaq (65:4)] - ''Answering Islam''<br />
<br />
==References==<br />
{{Reflist|30em}}<br />
<br />
[[Category:Qur'an]]<br />
[[Category:Shariah (Islamic Law)]]<br />
[[Category:Child Marriage]]<br />
[[Category:Human rights]]<br />
[[Category:Marriage]]<br />
[[Category:Women]]<br />
[[Category:Criticism of Islam]]<br />
[[Category:Apologetics]]<br />
[[Category:Tafsir]]</div>IbnPinkerhttps://wikiislam.net/index.php?title=Child_Marriage_in_the_Qur%27an&diff=134325Child Marriage in the Qur'an2022-01-10T20:21:21Z<p>IbnPinker: /* Al-Zamakhshari */</p>
<hr />
<div>{{QualityScore|Lead=4|Structure=3|Content=3|Language=4|References=2}}<br />
<br />
The subject of child marriage per se never arises in the Qur'an. Yet the Qur'an deals indirectly with the topic. The subject of the [['Iddah]] or "(waiting) period" of a woman is dealt with frequently in the Qu'ran. Summarized briefly, the Qur'an lays down strict rules (based largely on the women's menstruation cycles or lack thereof) for how long a woman must wait in between the end of one marriage and the beginning of another, and the purpose in the pre-modern, patriarchal societies in which the [[Shari'ah]] was codified was to ensure that a woman would not marry a new man while pregnant from her last husband and impute fathership of her baby to the wrong husband. Pursuant to these rules the Qur'an in verse 33:49 states that no [['Iddah]] is prescribed for a woman who has ''not'' had intimate contact with her husband, but goes on to stipulate an [['Iddah]] for pre-pubescent girls in verse 65:4, implying that pre-pubescent girls can be divorced, with the implication that it is possible to marry them. This has been interpreted in the orthodox Sunni Muslim tradition to mean that the[[Qur'an]] supports marrying and having sex with prepubescent girls. Despite the discomfort that this causes for modern readers, the conclusion (which is drawn explicitly in sahih hadith and tafsir traditions around this and related Qur'anic verse) seems to be that the Qur'an endorses sexual intercourse (as a part of Islamic marriage) with pre-pubescent girls. <br />
[[File:Women protesters.jpg|right|thumb|300px|March 23, 2010: Women protesters hold up copies of the Qur'an outside parliament in Sanaa while stating that a proposed law banning marriages under the age of 17 in Yemen is un-Islamic<ref>[http://www.irinnews.org/Report.aspx?ReportId=88589 YEMEN: Deep divisions over child brides] - IRIN, March 28, 2010</ref>]] <br />
==Introduction==<br />
<br />
The Qur'an has stipulated a waiting period which women must observe before they can remarry. This waiting period must be observed after they are divorced, or if their husbands have died. In the Qur'an, this is called '<nowiki/>''[[Iddah]]'' or '''Iddat'' (العدة). However, there is one exception to this requirement in Qur'an 33:49:<br />
<br />
{{Quote|{{Quran|33|49}}| {{right|<br />
ياايها الذين امنوا اذا نكحتم المؤمنات ثم طلقتموهن من قبل ان تمسوهن فمالكم عليهن من عدة تعتدونهافمتعوهن وسرحوهن سراحا جميلا<br />
}}<br />
'''Transliteration:''' ''Ya ayyuha allatheena amanoo itha nakahtumu almuminati thumma tallaqtumoohunna min qabli an tamassoohunna fama lakum AAalayhinna min AAiddatin taAAtaddoonaha famattiAAoohunna wasarrihoohunna sarahan jameelan''<br />
<br />
'''Sahih International:''' O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
<br />
From the verse above it is understood that 'Iddah (stipulated waiting period) is required if sexual contact has occurred within the marriage. If a woman is not touched by her husband, she should not have to observe any waiting period at all.<br />
<br />
After the mention of women who have not had their marriage consummated, the Qur'an goes further - discussing the women who need to observe the 'iddah, and the span of time required. We see in Qur'an 65.4: <br />
<br />
{{Quote|{{Quran|65|4}}|{{right|<br />
واللائي يئسن من المحيض من نسائكم ان ارتبتم فعدتهن ثلاثة اشهر واللائي لم يحضن واولات الاحمال اجلهن ان يضعن حملهن ومن يتق الله يجعل له من امره يسرا<br />
}} <br />
'''Transliteration:''' ''Waalla-ee ya-isna mina almaheedi min nisa-ikum ini irtabtum faAAiddatuhunna thalathatu ashhurin waalla-ee lam yahidna waolatu al-ahmali ajaluhunna an yadaAAna hamlahunna waman yattaqi Allaha yajAAal lahu min amrihi yusran''<br />
<br />
'''Sahih International:''' 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. And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease.}}<br />
<br />
Here the 'Iddah is prescribed to three categories of women:<br />
<br />
#First the phrase: “Yaisna min al-maheedhi” يئسن من المحيض which means “those women who are desperate of menses” is an indication to women who reached the stage of menstruation but do not menstruate and of those who reached menopause. Desperate of menses underlines that it concerns women who though reached the age, fail to menstruate too. Their 'Iddah period is three months.<br />
#Next comes, “Wallaee Lam yahidhna” واللائي لم يحضن which means “those who have not menstruated yet” This group of females are pre-pubescent girls who have not yet menstruated. Here the 'Iddah prescribed for them is equal to the previous group of women (ie. three months).<br />
#Lastly, the women who are pregnant - their prescribed 'iddah is until they have given birth.<br />
<br />
==Linguistic Analysis of Verse in Arabic==<br />
<br />
The Qur'an says in Arabic:<br />
<br />
{{Quote|1=[http://quran.al-islam.com/Tafseer/DispTafsser.asp?l=arb&taf=GALALEEN&nType=1&nSora=65&nAya=4 Quran 65:4]<BR>Tafsir from al-Islam.com<br />
|2= {{right|<br />
واللائي لم يحضن فعدتهن ثلاثة أشهر <br />
}}<br />
<br />
"and those who never had menses" (because they are underage)}} <br />
<br />
The transliteration of the verse and the meaning of each portion of the verse is given below:<br />
<br />
''واللائي لم يحضن" فعدتهن ثلاثة أشهر'' <br />
<br />
''Wa Al-Lā'ī Lam Yaĥiđna'' <br />
<br />
''wa'' ( <font size="4">وَ</font> ) = and<br />
<br />
''Al-Lā'ī'' ( <font size="4">وَاللَّائِي</font> ) = for those who<br />
<br />
''Lam'' ( <font size="4">لَمْ </font>) = did not (negation in past tense) <ref name="EB">Elabbas Benmamoun, Arabic morphology: The central role of the imperfective, Lingua 108 (1999) 175-201</ref> <br />
<br />
''Yaĥiđna'' ( <font size="4">يَحِضْنَ</font> ) = menstruate. <br />
<br />
''Yaĥiđna'' comes from the verbal root H-Y-D ( <font size="4">حيض</font> ) which means "to menstruate". <br />
<br />
The addition of prefix "Ya" and suffix "na" to the root "HYD" shows that the word is used in used in third person, feminine gender, plural, imperfective aspect, jussive mood.<ref>[[w:Arabic grammar|Arabic grammar]] - Wikipedia</ref><br />
<br />
The imperfective aspect, according to traditional understanding of classical Arabic grammar, by itself lacks any tense feature (as is true of other classical Semetic languages such as Hebrew). <ref name="EB" /> The tensed negatives like ''lam'' ( <font size="3">لَمْ </font> ) (negation in past tense), ''lan'' ( <font size="3">لن</font> ) (negation in future tense), ''laa'' ( لا) (negation in present tense) combined with imperfective (in different moods) decide the tense in the case of a negative sentence. <br />
<br />
Thus ''lam Yadrus لم يدرس'' = He did not study. The verb is in the imperfect tense, but the partical lam لم conveys a meaning of a simple, negated past. <br />
<br />
In the verse 65:4, '''''Lam Yaĥiđna'' لم يحضن= 'those who did not menstruate'.''' The meaning here is that the females being referred to have not, yet, menstruated, ie they are pre-pubescent. <br />
<br />
The imperfective verb in the with the negation particle ''lam'' ( <font size="3">لَمْ </font> ) (indicating a past-tense meaning) is in the [[w:Grammatical mood#Jussive|Jussive]] mood(يعني المضارع المجزوم). <ref name="EB" /> <br />
<br />
{{Quote||'''The mood is similar to the cohortative mood, in that it expresses plea, insistence, imploring, self-encouragement, wish, desire, intent, command, purpose or consequence.''' In some languages, the two are distinguished in that cohortative occurs in the first person and the jussive in the second or third. It is found in Arabic, where it is called the مجزوم, majzum. The rules governing the jussive in Arabic are somewhat complex. <ref>[[w:Grammatical mood#Jussive|Jussive]] - Wikipedia</ref>|}} <br />
<br />
Supporting these meanings, from Lane's lexicon, ''Lam'' ({{arabic|لم }}) means 'not':<br />
<br />
{{Quote|1=Lane's Lexicon for ''Lam''|2=Lam = ل<br />
<br />lam = Negative particle giving to the present the sense of the perfect; not.<ref>[http://www.studyquran.co.uk/13_LAM.htm Lam = ل] - StudyQuran</ref>}}<br />
<br />
From the Lexicon, Arabic word for Menstruate is 'Haid' ({{arabic|حيض}}):<br />
{{Quote|1= Lane's Lexicon for ''Haa''|2=Ha-Ya-Dad (Ha-Alif-Dad) = To have her courses, menstruate; Her blood flowed from her womb, to attain the age of menstruation, to make a thing flow.<br />
<br />
hada vb. (1) impf. act. 65:4<br />
<br />
mahid n.m. 2:222<br /><br />
Lane's Lexicon, Volume 2, page: 322, 323<ref>[http://www.studyquran.co.uk/9_HAA.htm ح = Ha] - StudyQuran</ref>}}<br />
<br />
It thus follows that 65:4 is describing the state of women have not yet menstruated, which would logically include children or girls before puberty or attainment of [[w:menarche|menarche]] (first period). This implication, as seen below, was also drawn by the majors [[tafsir|tafsirs]]. <br />
<br />
The exact translation of this portion of {{Quran|65|4}} is thus ''"Not menstruated yet"'' ( <font size="4">لَمْ يَحِضْنَ</font> ). In Arabic, the menstruation process is called HaiD( <font size="4">حيض</font> ), and the verb for "to menstruate" is yaHiD( <font size="4">يَحِض</font> ), with the noun likely being derivative of the verb (as with most but not all derivations in Arabic). The LAM ( <font size="4">لَمْ </font> )clearly shows that the verb refers to women who menstruated, and the na ( <font size="4">نَ</font> ) at the end of the verb drives home the point that this verb speaks of women. “Not menstruated yet” or some similar translation is the only acceptable English translation.<br />
<br />
This verse 65:4 is read by the tafsirs as a continuation of Qur'an 33:49. A question that naturally arises from these verses, and which was more or less answered by the mufassiruun, is 'if a woman who has not had sex should not have to observe any Iddah at all, as mentioned in 33:49, what is the reason for the prescribed 'Iddah for those women who have not yet menstruated?' The seems to be that marrying pre-pubescent girls and having sex with them is sanctioned by the Qur'an.<br />
<br />
The phrase found in Qur'an 65:4 as "wallaee lam yaHiDhna" واللائي لم يحضن is sometimes mistranslated by [[apologists]] by apologists to mask the fact that pre-pubescent girls are normally understood as the intended meaning here; the exact meaning of the phrase is clearly understood this way in the [[Tafsir]]<nowiki/>s.<br />
<br />
==Tafsirs of the Verse==<br />
<br />
The classical tafsirs are unanimous that this verse prescribes the 'iddah for a pre-pubscent woman. Although not spelled out explicitly in the verse itself, this meaning is clearly the one that was taken away by the orthodox Sunni muslim exegetical tradition. <br />
<br />
===Sayyid Abul Ala Maududi===<br />
<br />
{{quote |1=[http://www.islamicstudies.info/tafheem.php?sura=65 Commentary on Qur'an Chapter 65:4]<BR>Sayyid Abul Ala Maududi, Tafhim al-Qur'an|2= Here, one should bear in mind the fact that according to the explanations given in the Quran 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 Quran has held as permissible.}}<br />
<br />
Note here what Maududi mentions on giving pre-pubescent girls in marriage and consummating the marriage with them. The interpreter affirms it is permitted by the Qur'an and no Muslims can question or forbid it.<br />
<br />
===Shaykh Muhammad ibn ‘Uthaymeen===<br />
<br />
{{quote |Shaykh Muhammad ibn ‘Uthaymeen, Majmoo’at As’ilah tahumm al-Usrah al-Muslimah, p. 61-63|Surah al-Talaaq 65:4: <br />
If a woman does not menstruate, either because she is very young or old and past menopause, then her ‘iddah is three months, because Allaah says (interpretation of the meaning): “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.<ref>[http://www.islamqa.com/index.php?ln=eng&ds=qa&QR=12667 The ‘iddah of a woman divorced by talaaq] - Islam Q&A, Fatwa No. 12667</ref>}}<br />
<br />
The reason for bringing two more recent scholars is to show that ''nothing has changed'' in the Islamic tenets on marrying and having sex with pre-pubescent girls, even in this modern era.<br />
<br />
==='Ibn Kathir===<br />
<br />
{{quote |1=[http://www.tafsir.com/default.asp?sid=65&tid=54196 The `Iddah of Those in Menopause and Those Who do not have Menses (Qur'an 65:4)]<BR>Tafsir Ibn Kathir |2= 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 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.}}<br />
<br />
===Al-Jalalayn===<br />
<br />
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir al-Jalalayn|2= 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.}}<br />
<br />
===Ibn Abbas===<br />
<br />
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir Ibn Abbas|2= (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.}} <br />
<br />
===Al-Wahidi===<br />
<br />
{{quote |1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Al-Wahidi, Asbab al-nuzul|2= (And for such of your women as despair of menstruation…) [65:4]. Said Muqatil: “When the verse (Women who are divorced shall wait, keeping themselves apart…), Kallad ibn al-Nu‘man ibn Qays al-Ansari said: ‘O Messenger of Allah, '''what is the waiting period of the woman who does not menstruate and the woman who has not menstruated yet?''' And what is the waiting period of the pregnant woman?’ '''And so Allah, exalted is He, revealed this verse”.''' Abu Ishaq al-Muqri’ informed us> Muhammad ibn ‘Abd Allah ibn Hamdun> Makki ibn ‘Abdan> Abu’l-Azhar> Asbat ibn Muhammad> Mutarrif> Abu ‘Uthman ‘Amr ibn Salim who said: “When the waiting period for divorced and widowed women was mentioned in Surah al-Baqarah, Ubayy ibn Ka‘b said: ‘O Messenger of Allah, some women of Medina are saying: there are other women who have not been mentioned!’ He asked him: ‘And who are they?’ He said: '''Those who are too young [such that they have not started menstruating yet]''', those who are too old [whose menstruation has stopped] and those who are pregnant’. And so this verse (And for such of your women as despair of menstruation…) was revealed”.}}<br />
<br />
===Al-Tabari===<br />
<br />
{{Quote|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.'''}}<br />
<br />
===Al-Zamakhshari===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=2&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Al-Zamakhshari, Al-Kashshaaf|2= {{right|<br />
روي أن ناساً قالوا: قد عرفنا عدة ذوات الأقراء، فما عدة اللائي لا يحضن؛ فنزلت: فمعنى إِنِ ٱرْتَبْتُمْ }: إن أشكل عليكم حكمهن وجهلتم كيف يعتددن فهذا حكمهنّ، وقيل: إن ارتبتم في ذم البالغات مبلغ اليأس وقد قدروه بستين سنة وبخمس وخمسين، أهو دم حيض أو استحاضة؟ { فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ } وإذا كانت هذه عدة المرتاب بها، فغير المرتاب بها أولى بذلك '''{ وَٱلَّٰۤئى لَمْ يَحِضْنَ }''' هن الصغائر''' }}<br />
<br />
It is said that people said: we have known the period of the literate people, what is the waiting period of those who do not menstruate; it was revealed its meaning that "if you doubted", ie if the correct judgement is not clear and you do not know how to reckon their 'iddah this is to be the correct judgement. And it is said: if you doubted regarding the women who have despaired of further menstruation (and they estimate this to be 60 or 55 years of age) and they see more blood, is it menstruation or spotting? (Quoting the Qur'an) "Their waiting period is 3 months." And if this number the one which is accounted for here, for those cases which are not account for (quoting the Qur'an) "and for those how have not menstruated yet" these are the small female children. }}<br />
<br />
The bold text means “Those who have not menstruated” are young girls.<br />
<br />
===Tabrasi===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=3&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=7&Size=1&LanguageId=1 Qur'an 65:4]<BR>Tabrasi|2= {{right|{واللآئي لم يحضن}<br />
<br />
تقديره واللآئي لم يحضن إن ارتبتم فعدتهن أيضاً ثلاثة أشهر وحذف دلالة الكلام الأول عليه وهن اللواتي '''لم يبلغن''' المحيض ومثلهن تحيض على ما مرَّ بيانه.}}<br />
<br />
"And those who have not yet menstruated" ie for those who have not yet menstruated, if you doubted, their waiting period is three months, negating the reference to the previous verse, these are those women who have not yet reached the age of menstruation and those like them who's menstruation escapes observation. }}<br />
<br />
The bold text translates as “They are those who haven’t reached the age of menstruation”. Tabrasi comments on the phrase “Wallaee Lam yahidhna” = “Those who have not menstruated yet” in the verse.<br />
<br />
===Al-Shawkani===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=9&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=3&Size=1&LanguageId=1 Qur'an 65:4]<BR>Al-Shoukani, Fath al-Qadir|2= {{right|<br />
{ فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ '''وَٱللاَّئِى لَمْ يَحِضْنَ } لصغرهن، وعدم بلوغهن سن المحيض،''' أي: فعدتهن ثلاثة أشهر }}<br />
<br />
Due to their youth, and their lack of reaching adult age, (quoting the Qur'an) "their waiting period is 3 month" and "those who have not menstruated yet"). IE the waiting period of these ones is 3 months. }}<br />
<br />
The bold part translated as: “Those who have not menstruated yet” are young girls who have not reached the age of menstruation.<br />
<br />
===Abu-Hayyan===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=19&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Abu-Hayyan|2= {{right|{واللائي لم يحضن }<br />
<br />
<br />
،فالعدة هذه، فتلخص في قوله: { إن ارتبتم } قولان: أحدهما، أنه على ظاهر مفهوم اللغة فيه، وهو حصول الشك؛ والآخر، أن معناه التيقن للإياس؛ والقول الأول معناه: إن ارتبتم في دمها، أهو دم حيض أو دم علة؟ أو إن ارتبتم في علوق بحمل أم لا؛ أو إن ارتبتم: أي جهلتم عدتهن، أقوال. والظاهر أن قوله: واللائي '''لم يحضن''' } يشمل من لم يحض لصغر، }}<br />
<br />
As for the waiting period, it is summed up in its saying (quoting the Qur'an) "if you doubted", with two meanings: one of them, which appears exceedingly understandable, 'this is in the case of doubt'; and the other, whose meaning is certainly "have reached to the point of despair." The meaning of the first: if you doubted her blood, is it menstrual blood or caused by an illness or health irregularity? Or perhaps if you suspect a calamity (miscarriage) has happened or not? Or the verses which are for if you are not sure of their waiting period. And this much is clear: (quoting the Qur'an) 'as for those who have not yet menstruated.' This includes those who have not menstruated due to their young age. }}<br />
<br />
The bold: “Those who have not menstruated yet” denotes those not menstruated because of being young.<br />
<br />
==Evidence from the Hadith==<br />
<br />
From Imam Bukhari in his book of Tafsir and hadith collections:<br />
<br />
{{Quote|[http://bewley.virtualave.net/bukhari33.html Sahih Al-Bukhari, Chapter 68: Book of Tafsir]|'''CCCLXXXIV: The Tafsir of Surat at-Talaq'''<BR><BR>Mujahid said that "if you have any doubt" (65:4) means if you do not know whether she menstruates or not. Those who do not longer menstruate and '''those who have not yet menstruated, their 'idda is three months'''.}}<br />
<br />
{{Quote|{{cite web quotebox|url= http://archive.org/download/SahihAl-bukhari9Vol.Set/SahihAl-bukhariVol.7-Ahadith5063-5969.pdf|title= The Translation of the Meanings of Sahih Al-Bukhari|publisher= Dar-us-Salam Publications|isbn= 9960-717-38-0|author= Al-Bukhari (au.), Muhammad M. Khan (tr.)|date= June 1, 1997|series=vol. 7, book 67, ch. 39|page= 57|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Farchive.org%2Fdownload%2FSahihAl-bukhari9Vol.Set%2FSahihAl-bukhariVol.7-Ahadith5063-5969.pdf&date=2013-08-13|deadurl=no}}|'''(39) CHAPTER. Giving one's young children in marriage (is permissible).''' <br />
<br />
By virtue of the Statement of Allah : "...and for those who have no (monthly) <br />
courses (i.e. they are still immature).. (V.65:4) And the 'Idda for the girl before puberty is <br />
three months (in the above Verse). <br />
<br />
'''5133.''' Narrated 'Aishah; that the Prophet wrote the marriage contract with 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).}}<br />
<br />
From Sahih Muslim:<br />
<br />
{{Quote|Capter heading for {{Muslim|8|3309}} to {{Muslim|8|3311}}|Chapter 10: It is permissible for the father to give the hand of his daughter in marriage '''even when she is not fully grown''' up.}}<br />
<br />
The following Muwatta hadith shows it's permissible to marry girls who have not reached puberty:<br />
<br />
{{quote|{{Muwatta|29|33|108|}}|<br />
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."<br />
<br />
'''Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies." '''<br />
<br />
Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.''<br />
<br />
Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."}}<br />
<br />
The following is from Fath al-Bari, the most authoritative commentary on Sahih Al-Bukhari:<br />
<br />
{{Quote|1=|2= {{right|<br />
واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ ) أي فدل على أن نكاحها قبل البلوغ جائز <br />
}}<br />
<br />
"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."<ref>[http://hadith.al-islam.com/display/Display.asp?Doc=0&Rec=7644 Al-Islam (Arabic text)]</ref><ref>[http://www.islamweb.net/newlibrary/display_book.php?idfrom=9381&idto=9382&bk_no=52&ID=2847 IslamWeb (Arabic text)]</ref>}}<br />
<br />
==Recent Fatwas==<br />
<br />
IslamOnline.net is one of the most popular Islamic fatwa sites on the internet. The following excerpt is taken from a December 2010 fatwa.<br />
<br />
{{Quote|1=[http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamonline.net%2Far%2FIOLCounsel_C%2F1278406761316%2F1278406720653%2F%D9%87%D9%84-%D9%8A%D8%AC%D9%88%D8%B2-%D8%AA%D8%AD%D8%AF%D9%8A%D8%AF-%D8%B3%D9%86-%D8%B2%D9%88%D8%A7%D8%AC-%D9%84%D9%84%D9%81%D8%AA%D9%8A%D8%A7%D8%AA%D8%9F-&date=2011-02-03 Is it permissible to restrict the age at which girls can marry?]<BR>Submitted by Ahmad, IslamOnline, December 24, 2010|2=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.}}<br />
<br />
{{Quote|1=[http://www.webcitation.org/61C5nBLpe <!-- original URL http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=88089 -->Child marriage in Islam]<BR>Islamweb, Fatwa No. 88089, June 24, 2004|2='''Getting married at an early age is something that is confirmed by the book of Allah''', the Sunnah of his Prophet (Sallallahu Alaihi wa Sallam), the consensus of the scholars and the actions of the companions, and the Muslims who came after them. <br />
<br />
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. <br />
<br />
The evidence from the Qur'an is: <br />
<br />
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)<br />
<br />
So, '''Allah set rulings of marriage, divorce and waiting period for the women who have not yet had menses, i.e. the young girls'''.<br />
<br />
The Iddah (waiting period) does not take place except after marriage.}}<br />
<br />
==Modern Views and Perspectives on the Meaning of Qur'an 65:4==<br />
<br />
===The Qur'an prohibits marriage to pre-pubescent females===<br />
<br />
Some Modern [[dawah|du'aah]] who decry the traditional sources as endorsing pedophilia often take issue with the interpretation of the wording of Qur'an 65:4 in these source. They see the verse as limited to women of current-day adulthood and not pre-pubescent women (again taking as a starting point modern modes of understanding "adulthood" for women.<ref>{{Cite web| title = Does verse 65:4 encourage child marriage?| author = Abu Amina Elias AKA Justin Parrott| work = Faith in Allah الإيمان بالله "Any practice that causes harm to children is unlawful in Islam."| date = | access-date = 6 January 2022| url = https://www.abuaminaelias.com/verse-65-4-child-marriage/| quote = }}</ref>. Qur'an 4:6 is often leveraged as part of this argument:<br />
<br />
{{quote|{{Qtt|4|6}}|<br />
{{right|وابتلوا اليتامى حتى اذا بلغوا النكاح فان انستم منهم رشدا فادفعوا اليهم اموالهم ولاتاكلوها اسرافا وبدارا ان يكبروا ومن كان غنيا فليستعفف ومن كان فقيرا فلياكل بالمعروف فاذا دفعتم اليهم اموالهم فاشهدوا عليهم وكفى بالله حسيبا<br />
}}<br />
<br />
'''Transliteration:''' Waibtaloo alyatama hatta itha balaghoo aln'''nikaha''' fa-in anastum minhum rushdan faidfaAAoo ilayhim amwalahum wala ta/kulooha israfan wabidaran an yakbaroo waman kana ghaniyyan falyastaAAfif waman kana faqeeran falya/kul bialmaAAroofi fa-itha dafaAAtum ilayhim amwalahum faashhidoo AAalayhim wakafa biAllahi haseeban<br />
<br />
'''Yusuf Ali:''' Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is Allah in taking account. <br />
<br />
'''Pickthal:''' Prove orphans till they reach the marriageable age; then, if ye find them of sound judgment, deliver over unto them their fortune; and devour it not by squandering and in haste lest they should grow up Whoso (of the guardians) is rich, let him abstain generously (from taking of the property of orphans); and whoso is poor let him take thereof in reason (for his guardianship). And when ye deliver up their fortune unto orphans, have (the transaction) witnessed in their presence. Allah sufficeth as a Reckoner.<br />
<br />
'''Shakir:''' And test the orphans until they attain puberty; then if you find in them maturity of intellect, make over to them their property, and do not consume it extravagantly and hastily, lest they attain to full age; and whoever is rich, let him abstain altogether, and whoever is poor, let him eat reasonably; then when you make over to them their property, call witnesses in their presence; and Allah is enough as a Reckoner.}}<br />
<br />
The word [[Nikah]] can have multiple understandings:<br />
<br />
#According to the Islamic Shar'iah, "Nikah" is a technical term, whose Shar'i (Islamic legal) meaning is "the consumation of a marriage through vaginal intercourse" and in many Islamic languages and cultures, such as Urdu speaking Muslims in South Asia, this by extension merely means "(Islamic) marriage." In Arabic, though , ''Zuwaaj'' زواج<ref>[http://www.studyquran.co.uk/28_ZAY.htm Lane's Lexicon - Zay-Waw-Jiim]</ref> is the specific word for just "marriage" (although the contract of marriage which both parties sign is called "'aqd an-nikaah" عقد النكاح), but the Qur'an uses both words in reference to marrying women; Nikaah for human females and Zuwaaj for the Houris.<br />
#The underlying, literal meaning of "Nikaah" in Arabic language is vaginal, "[[Nikah (Sexual Consummation of Marriage)|Sexual Intercourse]]"<br />
<br />
Few Modern du'aah use this word "Nikaah" in this verse to mean "marriage" (i.e. till they (the orphans) reach the age of marriage). Their argument is that this verse links the age of "Nikaah" with "becoming sound in Judgement to take care of the property", and thus a child's Nikaah is impossible while a child does not have the sound judgement to take care of his/her property. <br />
<br />
But contrary to these modern Islamic advocates, the traditional view of Muslim 'ulamaa' of the last 1400 years was that word "Nikaah" had been used in it's literal meaning here (i.e. reaching the age where they are able to do the sexual intercourse). And their arguments are as follows:<br />
<br />
Firstly, this verse is talking about the "male orphans" and not about the "female orphans". It becomes evident from the Arabic word بَلَغُوا (balaghū) in this verse, and the Arabic grammar used in it is (3rd person '''masculine''' plural perfect verb). This Arabic grammar could be seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=4&verse=6 Corpus Quran Website]. <br />
<br />
Thus the exact translation of this verse becomes: "''And test the ('''male''') orphans until they reach the age of (doing) the '''sexual intercourse (i.e. Nikah)'''. Then if you perceive in them sound judgement, release their property to them ...''."<br />
<br />
Secondly, it becomes even more evident from another verse of Quran 17:34:<br />
<br />
{{Quote|{{Quran|17|34}}|وَلَا تَقْرَبُوا۟ مَالَ ٱلْيَتِيمِ إِلَّا بِٱلَّتِى هِىَ أَحْسَنُ حَتَّىٰ يَبْلُغَ '''أَشُدَّهُۥ''' ۚ </br><br />
Come not nigh to the orphan's property except to improve it, until he attains the age of '''full strength'''}}<br />
<br />
The word أَشُدَّهُ (full strength) in this verse means the age when a young boy starts feeling the desire/strength of doing sexual intercourse. <br />
<br />
And the Arabic grammar in the word يَبْلُغَ in this verse is '''"3rd person masculine singular imperfect verb"''', which again points out that this verse is talking about the "male orphans" only. This Arabic grammar could be again seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=17&verse=34 Corpus Quran Website].<br />
<br />
It should be noted that:<br />
<br />
*As far as Shari'i 'aqd an-Nikaah (marriage) is concerned, then there is no condition present in it of reaching the أَشُدَّهُ (i.e. Strength to do the intercourse).<br />
*And the proof is that Muhammad himself did the Shari'i Nikah with 'Aisha, when she was only 6 years old.<br />
*And no one tests a 6 years old child for handing over his/her property to him/her, as 6 years old child has neither أَشُدَّهُ (Strength/Desire) nor he/she has any kind of "sound judgement" to look after his/her property.<br />
<br />
Thus, the Shar'i Nikah has nothing to do with the أَشُدَّهُ (strength), as Muhammad did this Shar'i Nikah with 6 years 'Aisha. <br />
<br />
Actually, even at the age of 9, when 'Aisha finally came to the house of Muhammad for the consummation of marriage, still she was not mentally sound enough to look after any property or business. It is evident from the following hadith:<br />
<br />
{{Quote|{{Bukhari|||6130|darussalam}}|Narrated `Aisha:<br />
<br />
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 (ﷺ) used to enter (my dwelling place) they used to hide themselves, but the Prophet would call them to join and play with me.}}<br />
<br />
According to Islamic Sharia:<br />
<br />
*When a girl reaches puberty, then she herself gets the right to give her consent for the marriage, or to deny the marriage.<br />
*But if she is a minor or prepubescent girl, then her father/guardian could wed her to anyone even without her consent<ref>[https://islamqa.info/en/answers/12708/is-it-acceptable-to-marry-a-girl-who-has-not-yet-started-her-menses The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. Fatwa Website Islam Q&A.] </ref>.<br />
*And if she is a prepubescent and also an orphan, then her guardian has the right to wed her with himself (even without her consent), in order to get her property and the wealth.<br />
<br />
It is evident from the following hadith: <br />
<br />
{{Quote|{{Bukhari|||5064|darussalam}}|Narrated 'Urwa:<br />
<br />
that he asked `Aisha about the Statement of Allah: '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) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! '''(This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr''', and they are ordered to marry other women instead of them."}}<br />
<br />
And it is also evident from the following Quranic Verse: <br />
<br />
{{Quote|{{Quran|4|127}}|You also read them (the guardians) in the Book concerning orphaned women (in your charge) '''to whom you deny their ordained rights and yet wish to take them in marriage''', as well as in respect of helpless children, that you should be just in the matter of orphans." The good you do is known to God.}}<br />
<br />
Thus a prepubescent girl is practically at the mercy of her guardian, and he could marry her to himself, even without her consent, and even for very little Mahr price. <br />
<br />
The Tafsir's agree with this understanding of 4:6:<br />
<br />
{{quote|1=[http://tafsir.com/default.asp?sid=4&tid=10463 Giving Back the Property of the Orphans When They Reach Adulthood (Qur'an 4:6)]<BR>Tafsir Ibn Kathir|2=<br />
'''Giving Back the Property of the Orphans When They Reach Adulthood'''<br />
<br />
Allah said,<br />
{{right|<br />
[وَابْتَلُواْ الْيَتَـمَى]<br />
}}<br />
(And test orphans) meaning, test their intelligence, as Ibn `Abbas, Mujahid, Al-Hasan, As-Suddi and Muqatil bin Hayyan stated.<br />
{{right|<br />
[حَتَّى إِذَا بَلَغُواْ النِّكَاحَ]<br />
}}<br />
(until they reach the age of marriage), the age of puberty, according to Mujahid. The age of puberty according to the majority of scholars comes when the child has a wet dream. In his Sunan, Abu Dawud recorded that `Ali said, "I memorized these words from the Messenger of Allah ,<br />
{{right|<br />
«لَا يُتْمَ بَعْدَ احْتِلَامٍ، وَلَا صُمَاتَ يَوْمٍ إِلَى اللَّيْل»<br />
}}<br />
(There is no orphan after the age of puberty nor vowing to be silent throughout the day to the night.) In another Hadith, `A'ishah and other Companions said that the Prophet said,<br />
{{right|<br />
«رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ، عَنِ الصَّبِيِّ حَتَّى يَحْتَلِمَ، وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ، وَعَنِ الْمَجْنُونِ حَتَّى يُفِيق»<br />
}}<br />
s(The pen does not record the deeds of three persons: the child until the age of puberty, the sleeping person until waking up, and the senile until sane.) Or, the age of fifteen is considered the age of adolescence. In the Two Sahihs, it is recorded that Ibn `Umar said, "I was presented in front of the Prophet on the eve of the battle of Uhud, while I was fourteen years of age, and he did not allow me to take part in that battle. But I was presented in front of him on the eve of the battle of Al-Khandaq (The Trench) when I was fifteen years old, and he allowed me (to join that battle).'' `Umar bin `Abdul-`Aziz commented when this Hadith reached him, "This is the difference between a child and an adult.'' There is a difference of opinion over whether pubic hair is considered a sign of adulthood, and the correct opinion is that it is. The Sunnah supports this view, according to a Hadith collected by Imam Ahmad from `Atiyah Al-Qurazi who said, We were presented to the Prophet on the day of Qurizah, whoever had pubic hair was killed, whoever did not was left free to go, I was one of those who did not, so I was left free.'' The Four Sunan compilers also recorded similar to it. At-Tirmidhi said, "Hasan Sahih.'' Allah's statement,<br />
{{right|<br />
[فَإِنْ ءَانَسْتُمْ مِّنْهُمْ رُشْداً فَادْفَعُواْ إِلَيْهِمْ أَمْوَلَهُمْ]<br />
}}<br />
(if then you find sound judgment in them, release their property to them,) Sa`id bin Jubayr said that this portion of the Ayah means, when you find them to be good in the religion and wise with their money. Similar was reported from Ibn `Abbas, Al-Hasan Al-Basri and others among the Imams. The scholars of Fiqh stated that when the child becomes good in the religion and wise concerning with money, then the money that his caretaker was keeping for him should be surrendered to him.}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsir al-Jalalayn|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
Try, test, well the orphans, before reaching maturity with regard [the duties of] religion and [before] they can [legally] manage their own affairs, until they reach the age of marrying, that is, until they have become eligible for it through puberty or [legal] age, which, according to al-Shāfi‘ī, is the completion of fifteen years; then, if you perceive in them maturity, that is, right [judgement] in matters of religion and their property, deliver their property to them; consume it not, O guardians, wastefully, without due merit, and in haste, that is, hastening to expend it, fearing, lest they should grow up, and become mature, at which time you will be obliged to hand it over to them. If any man, who is a guardian, is rich, let him be abstinent, that is, let him abstain from the orphan’s property and refrain from consuming it; if he is poor, let him consume, of it, honourably, that is, in line with the wage for his work. And when you deliver to them, the orphans, their property, take witnesses over them, that they have received it and that you are absolved [of the obligation], so that if any dispute occurs, you are able to refer to a clear proof: this is a command [intended] for guidance. God suffices as a reckoner, as a guardian of His creatures’ deeds and as a reckoner of these [deeds] (the bā’ [in bi’Llāhi] is extra).}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsîr Ibn Abbas|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
(Prove orphans) test the intelligence of orphans (till they reach the marriageable age) the age of puberty; (then, if ye find them of) if you see that they possess (sound judgement) righteousness in Religion and a tendency to protect their wealth, (deliver over unto them their fortune) then give their wealth which is with you; (and devour it not squandering) it in transgression and unlawfully (and in haste) in haste lest the orphan grows older and consumes it little by little (lest they should grow up) for fear that they grow older and stop you from devouring their wealth. (Whoso (of the guardians) is rich) and needs not the orphan's wealth, (let him abstain generously) because of his richness from taking of the property of orphans, nor should he diminish anything from their wealth; (and whoso is poor) and needy (let him take thereof in reason (for his guardianship)) in measure, such that he is not in need for the wealth of orphans; it is also said that this means: he should take from the wealth of orphans in proportion with the measure of his work regarding this wealth; and it is also said that this means: he can take from the wealth of orphans as a loan to be paid back. (And when ye deliver up their fortune unto orphans) when they reach the legal age, (have (the transaction) witnessed in their presence) when you deliver it to them. (Allah sufficeth as a Reckoner) Allah suffices as a witness. This verse was revealed about Thabit Ibn Rifa'ah al-Ansari.}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Al-Wahidi, Asbab Al-Nuzul|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
(Prove orphans…) [4:6]. This was revealed about Thabit ibn Rifa‘ah and his uncle. Rifa‘ah died when his son Thabit was very young. The uncle of Thabit went to the Messenger of Allah, Allah bless him and give him peace, and said: “The son of my brother is an orphan under my care, what is lawful for me from his wealth? And when should I give him back his wealth?” And so Allah, exalted is He, revealed this verse.}}<br />
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===The Arabic word “Nisaa'” does not refer to young females===<br />
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Some defenders of the Qur'an, speaking in English, claim that the Qur'an only uses the word ''Nisaa''' to refer to mature, adult women, therefore 65:4 cannot be talking about pre-pubescent females.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = Kaleef K. Karim| work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = that the Arabic word ‘Nisa’ could also refer to ‘female children’. Let us take a look in Arabic-English dictionaries. The Arabic word ‘Nisa’ has been used 59 times in the Quran. Not once has the word ‘Nisa’ been used for a ‘child(ren)’, it has always referred to mature adult women. Dr. Rohi Baalbaki, says in Al-Mawrid: A modern Arabic-English Dictionary:}}</ref> This linguistic argument does not hold water, even just on the basis of the Qur'an itself as a text. The word merely means "women/females" and can refer to mixed groups of women of various ages, as the English "female" or "women." Here are some verses that use the word ''"nisaa'"'':<br />
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{{Quote|{{Quran|2|49}}|وَإِذْ نَجَّيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ يُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith najjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' And remember, We delivered you from the people of Pharaoh: They set you hard tasks and punishments, slaughtered your sons and let your women-folk live; therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|7|127}}|وَقَالَ ٱلْمَلَأُ مِن قَوْمِ فِرْعَوْنَ أَتَذَرُ مُوسَىٰ وَقَوْمَهُۥ لِيُفْسِدُوا۟ فِى ٱلْأَرْضِ وَيَذَرَكَ وَءَالِهَتَكَ ۚ قَالَ سَنُقَتِّلُ أَبْنَآءَهُمْ وَنَسْتَحْىِۦ نِسَآءَهُمْ وَإِنَّا فَوْقَهُمْ قَٰهِرُونَ<br />
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'''Transliteration:''' ''Waqala almalao min qawmi firawna atatharu moosa waqawmahu liyufsidoo fee alardi wayatharaka waalihataka qala sanuqattilu abnaahum wanastahyee '''Nisa'''ahum wainna fawqahum qahiroona'' <BR><BR><br />
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'''Yusuf Ali:''' Said the chiefs of Pharaoh’s people: “Wilt thou leave Moses and his people, to spread mischief in the land, and to abandon thee and thy gods?” He said: “Their male children will we slay; (only) their females will we save alive; and we have over them (power) irresistible."}}<br />
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{{Quote|{{Quran|7|141}}|وَإِذْ أَنجَيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ ۖ يُقَتِّلُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith anjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuqattiloona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' And remember we rescued you from Pharaoh’s people, who afflicted you with the worst of penalties, who slew your male children and saved alive your females: in that was a momentous trial from your Lord.}}<br />
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{{Quote|{{Quran|14|6}}|وَإِذْ قَالَ مُوسَىٰ لِقَوْمِهِ ٱذْكُرُوا۟ نِعْمَةَ ٱللَّهِ عَلَيْكُمْ إِذْ أَنجَىٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ وَيُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith qala moosa liqawmihi othkuroo niAAmata Allahi AAalaykum ith anjakum min ali firawna yasoomoonakum sooa alAAathabi wayuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' Remember! Moses said to his people: “Call to mind the favour of Allah to you when He delivered you from the people of Pharaoh: they set you hard tasks and punishments, slaughtered your sons, and let your females live: therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|40|25}}|فَلَمَّا جَآءَهُم بِٱلْحَقِّ مِنْ عِندِنَا قَالُوا۟ ٱقْتُلُوٓا۟ أَبْنَآءَ ٱلَّذِينَ ءَامَنُوا۟ مَعَهُۥ وَٱسْتَحْيُوا۟ نِسَآءَهُمْ ۚ وَمَا كَيْدُ ٱلْكَٰفِرِينَ إِلَّا فِى ضَلَٰلٍ<br />
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'''Transliteration:''' ''Falamma jaahum bialhaqqi min AAindina qaloo oqtuloo abnaa allatheena amanoo maAAahu waistahyoo '''Nisa'''ahum wama kaydu alkafireena illa fee dalalin''<BR><BR><br />
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'''Yusuf Ali:''' Now, when he came to them in Truth, from Us, they said, "Slay the sons of those who believe with him, and keep alive their females," but the plots of Unbelievers (end) in nothing but errors (and delusions)!...}}<br />
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In the above verses, the word ''"Nisaa'"'' is referring to female infants. The biblical original of this story, which the Qur'an relies upon and which commentary on the Qur'an confirms in this case, <br />
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{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:15-16;&version=49; Exodus 1:15-16]|2=<br />
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וַיֹּ֨אמֶר֙ מֶ֣לֶךְ מִצְרַ֔יִם לַֽמְיַלְּדֹ֖ת הָֽעִבְרִיֹּ֑ת אֲשֶׁ֨ר שֵׁ֤ם הָֽאַחַת֙ שִׁפְרָ֔ה וְשֵׁ֥ם הַשֵּׁנִ֖ית פּוּעָֽה:וַיֹּ֗אמֶר בְּיַלֶּדְכֶן֙ אֶת־הָ֣עִבְרִיּ֔וֹת וּרְאִיתֶ֖ן עַל־הָֽאָבְנָ֑יִם אִם־בֵּ֥ן הוּא֙ וַֽהֲמִתֶּ֣ן אֹת֔וֹ וְאִם־בַּ֥ת הִ֖וא וָחָֽיָה:<br />
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''"And the king of Egypt spoke to the Hebrew midwives, of whom the name of the one was Shiphrah, and the name of the other Puah; and he said: ‘When ye do the office of a midwife to the Hebrew women, ye shall look upon the birthstool: if it be a son, then ye shall kill him; but if it be a daughter, then she shall live.’''}}<br />
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{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:22;&version=49; Exodus 1:22]|2=<br />
כבוַיְצַ֣ו פַּרְעֹ֔ה לְכָל־עַמּ֖וֹ לֵאמֹ֑ר כָּל־הַבֵּ֣ן הַיִּלּ֗וֹד הַיְאֹ֨רָה֙ תַּשְׁלִיכֻ֔הוּ וְכָל־הַבַּ֖ת תְּחַיּֽוּן:<br />
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''And Pharaoh charged all his people, saying: ‘Every son that is born ye shall cast into the river, and every daughter ye shall save alive.''}}<br />
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Moreover the Quran itself clarifies “Who the ''Nisa'' are”. <br />
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{{Quote|{{Quran|4|127}}|{{right|<br />
ويستفتونك في النساء قل الله يفتيكم فيهن ومايتلى عليكم في الكتاب في يتامى النساء اللاتي لاتؤتونهن ماكتب لهن وترغبون ان تنكحوهن والمستضعفين من الولدان وان تقوموا لليتامى بالقسط وماتفعلوا من خير فان الله كان به عليما }}<br />
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'''Transliteration:''' ''Wayastaftoonaka fee alnnisa-i quli Allahu yufteekum feehinna wama yutla AAalaykum fee alkitabi fee yatama alnnisa-i allatee la tu/toonahunna ma kutiba lahunna watarghaboona an tankihoohunna waalmustadAAafeena mina alwildani waan taqoomoo lilyatama bialqisti wama tafAAaloo min khayrin fa-inna Allaha kana bihi AAaleeman'' <br />
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'''Literal:''' And they ask for your opinion/clarification about the women, say: "God decreed/clarifies in them (F), and what is read/recited on you in The Book in the women orphans/minors that lose their father, those who (F) you did not give them (F) what was written/dictated to them (F), and you desire that you marry them (F), and the weakened from the children/newborns, and that you take care of to the orphans/minors that lose their father with the just/equitable; and what you make/do from goodness, so that God was/is with it knowledgeable."<ref>[{{Reference archive|1=http://iknowledge.islamicnature.com/quran/surah/4/lang/englishliteral/|2=2011-11-27}} 4. An-Nisa - Women (سورة النساء) - Revealed in Madinah (English: Literal)] - IslamicNature, accessed November 27, 2011</ref>}}<br />
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Here Muhammad is asked who the "Nisaa'" were, and the response delineates who they are:<br />
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#Orphans<br />
#Female wards<br />
#Those you desire to marry<br />
#The weakened from the children or new born.<br />
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===65.4 talks only of the 'Iddah and not of sexual activity===<br />
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One point of focus for modern commentators, seeking to defend the Qur'an from the charge of endorsing pedophilia, is that 65:4 does not explicitly discuss consummation or other sexual activity in regards to any of the females discussed in the verse; it merely sets the prescribed 'Iddah required for each.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = | work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = }}</ref>The 'iddah (prescribed waiting period) for females is required after a divorce or widowing, so that a child's father can be correctly identified. In addition to multiple tafsir and hadith traditions on 65:4, this is also established in Qur'an 33:49: <br />
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{{Quote|{{Quran|33|49}}|<br />
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَٰتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا<br />
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O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
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The tafsirs further expound on the meaning of the 'iddah according to this verse:<br />
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{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=1841&Itemid=89#1 A Gift and no (Iddah) for Women Who are divorced before Consummation of the Marriage (Qur'an 33:49)]<BR>Tafsir Ibn Kathir|2= {{right|<br />
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)}}<br />
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49. O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no `Iddah have you to count in respect of them. So, give them a present, and set them free in a handsome manner.)<br />
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This Ayah contains many rulings, including the use of the word Nikah for the marriage contract alone. There is no other Ayah in the Qur'an that is clearer than this on this point. It also indicates that it is permissible to divorce a woman before consummating the marriage with her.<br />
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(الْمُؤْمِنَـتِ)<br />
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(believing women)<br />
This refers to what is usually the case, although there is no difference between a believing (Muslim) woman and a woman of the People of the Book in this regard, according to scholarly consensus. Ibn `Abbas, may Allah be pleased with him, Sa`id bin Al-Musayyib, Al-Hasan Al-Basri, `Ali bin Al-Husayn Zayn-ul-`Abidin and a group of the Salaf took this Ayah as evidence that divorce cannot occur unless it has been preceded by marriage, because Allah says,<br />
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(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
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(When you marry believing women, and then divorce them) <br />
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The marriage contract here is followed by divorce, which indicates that the divorce cannot be valid if it comes first. Ibn Abi Hatim recorded that Ibn `Abbas, may Allah be pleased with him, said, "If someone were to say, `every woman I marry will ipso facto be divorced,' this does not mean anything, because Allah says:<br />
{{right|<br />
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
}}<br />
(O you who believe! When you marry believing women, and then divorce them....).'' It was also reported that Ibn `Abbas, may Allah be pleased with him, said: "Allah said,<br />
{{right|<br />
(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
}}<br />
(When you marry believing women, and then divorce them.) Do you not see that divorce comes after marriage'' A Hadith to the same effect was recorded from `Amr bin Shu`ayb from his father from his grandfather, who said: "The Messenger of Allah said:<br />
{{right|<br />
«لَا طَلَاقَ لِابْنِ آدَمَ فِيمَا لَا يَمْلِك»<br />
}}<br />
(There is no divorce for the son of Adam with regard to that which he does not possess.) This was recorded by Ahmad, Abu Dawud, At-Tirmidhi and Ibn Majah. At-Tirmidhi said, "This is a Hasan Hadith, and it is the best thing that has been narrated on this matter.'' It was also recorded by Ibn Majah from `Ali and Al-Miswar bin Makhramah, may Allah be pleased with them, that the Messenger of Allah said:<br />
{{right|<br />
«لَا طَلَاقَ قَبْلَ نِكَاح»<br />
}}<br />
(There is no divorce before marriage.)<br />
{{right|<br />
(فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا)<br />
}}<br />
(no `Iddah have you to count in respect of them.) This is a command on which the scholars are agreed, that if a woman is divorced before the marriage is consummated, she does not have to observe the `Iddah (prescribed period for divorce) and she may go and get married immediately to whomever she wishes. The only exception in this regard is a woman whose husband died, in which case she has to observe an `Iddah of four months and ten days even if the marriage was not consummated. This is also according to the consensus of the scholars.<br />
{{right|<br />
(فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
(So, give them a present, and set them free in a handsome manner.) The present here refers to something more general than half of the named dowery or a special gift that has not been named. Allah says:<br />
{{right|<br />
(وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ)<br />
}}<br />
(And if you divorce them before you have touched (had a sexual relation with) them, and you have fixed unto them their due (dowery) then pay half of that) (2:237). And Allah says:<br />
{{right|<br />
(لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ)<br />
}}<br />
(There is no sin on you, if you divorce women while yet you have not touched them, nor fixed unto them their due (dowery). But bestow on them gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.) (2:236) pIn Sahih Al-Bukhari, it was recorded that Sahl bin Sa`d and Abu Usayd, may Allah be pleased with them both, said, "The Messenger of Allah married Umaymah bint Sharahil, and when she entered upon him he reached out his hand towards her, and it was as if she did not like that, so he told Abu Usayd to give her two garments.'' `Ali bin Abi Talhah reported that Ibn `Abbas, may Allah be pleased with him, said "If the dowery had been named, she would not be entitled to more than half, but if the dowery is not been named, he should give her a gift according to his means, and this is the "handsome manner.''}}<br />
<br />
{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir al-Jalalayn|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
O you who believe if you marry believing women and then divorce them before you have touched them (read tamassūhunna or tumāsūhunna) that is, before you have copulated with them, there shall be no [waiting] period for you to reckon against them, [no] waiting period [needed to preclude pregnancy] or otherwise. But provide for them, give them what they can use for [securing] comforts, in cases where no dowry has been fixed for them; otherwise theirs is to retain half of what was fixed, but no more — this is what Ibn ‘Abbās said and it is [the opinion] followed by al-Shāfi‘ī’; and release them in a gracious manner, leave them be without [the intention to cause them any] harm.}}<br />
<br />
{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir 'Ibn Abbas|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
(O ye who believe! If ye wed believing women) without naming the amount of their dowry (and divorce them before ye have touched them) before you had sexual intercourse with them, (then there is no period that ye should reckon) by counting the months or the periods of menstruation. (But content them) as is due by divorce by giving them at least a scarf or shawl (and release them handsomely) divorce them without any harm done to them.}}<br />
<br />
This verse effectively removes the apologist's objection to Qur'an 65.4 as we see clearly that if a man has not consummated his marriage with his wife then she does not need to observe an 'iddah. If Qur'an 65.4 specifies that pre-pubescent females must observe a 3 month 'iddah then clearly sexual intercourse is halal to Allah.<br />
<br />
===This verse is only talking about adult women who don't know if they are pregnant===<br />
<br />
The very reason 65:4 was revealed in the first place, was as a clarification to an existing revelation by Allah. Allah had already revealed that women must wait 3 menstrual periods before they can end the 'iddat and be free to marry again. This is in Qur'an 2:228:<br />
<br />
{{quote|{{Quran|2|228}}|'''And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs''', if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and Allah is Mighty, Wise. }}<br />
<br />
However, after this, Muslim men went to Muhammad to ask about those who did not presently have their menses - how do they measure the 'iddat in those cases? It is in this circumstance that Allah sent down the clarification (65:4) for the three groups of women that did not have menstruation, therefore they could not wait the '3 menstrual cycles' as mandated by Qur'an 2:228.<br />
<br />
Those Muslims who make this claim are ignoring what all of their own scholars have said about 65:4; that it is referring to the peri-menopausal and post menopausal women, the pre-pubescent girls and the pregnant women. The women who are currently menstruating are told in Qur'an 2:228 that they must wait 3 menstrual cycles, therefore this apologetic is also debunked.<br />
<br />
===This verse is applied to unconsummated widows===<br />
<br />
Another claim is that Qur'an 65:4 doesn't necessarily mean that Muslim men can have sex with pre-pubescent females because there may be cases where a man has married a pre-pubescent female, but while waiting for her to attain menstruation before consummating the marriage, he died. The 'iddah could be referring to a situation such as this. This claim is invalid because the Qur'an specifies the 'iddah for ''all'' widows to be 4 months and 10 days; in Qur'an 2:234:<br />
<br />
{{Quote|{{Quran|2|234}}|And (as for) those of you who die and leave wives behind, they should keep themselves in waiting for four months and ten days; then when they have fully attained their term, there is no blame on you for what they do for themselves in a lawful manner; and Allah is aware of what you do.}}<br />
<br />
Snce the 'Iddah specified in Qur'an 65.4 is for a different amount of time, this situation would not seem to be the subject of 65:4. <br />
<br />
<br /><br />
==See Also==<br />
<br />
*[[Child Marriage in the Muslim World]]<br />
<br />
{{Translation-links-english|[[Pedophilie_dans_le_Coran|French]]}}<br />
<br />
==External Links==<br />
<br />
*[http://www.answering-islam.org/Quran/Versions/065.004.html Marriage to Minors: Surah At-Talaq (65:4)] - ''Answering Islam''<br />
<br />
==References==<br />
{{Reflist|30em}}<br />
<br />
[[Category:Qur'an]]<br />
[[Category:Shariah (Islamic Law)]]<br />
[[Category:Child Marriage]]<br />
[[Category:Human rights]]<br />
[[Category:Marriage]]<br />
[[Category:Women]]<br />
[[Category:Criticism of Islam]]<br />
[[Category:Apologetics]]<br />
[[Category:Tafsir]]</div>IbnPinkerhttps://wikiislam.net/index.php?title=Child_Marriage_in_the_Qur%27an&diff=134324Child Marriage in the Qur'an2022-01-10T20:17:48Z<p>IbnPinker: /* Al-Zamakhshari */</p>
<hr />
<div>{{QualityScore|Lead=4|Structure=3|Content=3|Language=4|References=2}}<br />
<br />
The subject of child marriage per se never arises in the Qur'an. Yet the Qur'an deals indirectly with the topic. The subject of the [['Iddah]] or "(waiting) period" of a woman is dealt with frequently in the Qu'ran. Summarized briefly, the Qur'an lays down strict rules (based largely on the women's menstruation cycles or lack thereof) for how long a woman must wait in between the end of one marriage and the beginning of another, and the purpose in the pre-modern, patriarchal societies in which the [[Shari'ah]] was codified was to ensure that a woman would not marry a new man while pregnant from her last husband and impute fathership of her baby to the wrong husband. Pursuant to these rules the Qur'an in verse 33:49 states that no [['Iddah]] is prescribed for a woman who has ''not'' had intimate contact with her husband, but goes on to stipulate an [['Iddah]] for pre-pubescent girls in verse 65:4, implying that pre-pubescent girls can be divorced, with the implication that it is possible to marry them. This has been interpreted in the orthodox Sunni Muslim tradition to mean that the[[Qur'an]] supports marrying and having sex with prepubescent girls. Despite the discomfort that this causes for modern readers, the conclusion (which is drawn explicitly in sahih hadith and tafsir traditions around this and related Qur'anic verse) seems to be that the Qur'an endorses sexual intercourse (as a part of Islamic marriage) with pre-pubescent girls. <br />
[[File:Women protesters.jpg|right|thumb|300px|March 23, 2010: Women protesters hold up copies of the Qur'an outside parliament in Sanaa while stating that a proposed law banning marriages under the age of 17 in Yemen is un-Islamic<ref>[http://www.irinnews.org/Report.aspx?ReportId=88589 YEMEN: Deep divisions over child brides] - IRIN, March 28, 2010</ref>]] <br />
==Introduction==<br />
<br />
The Qur'an has stipulated a waiting period which women must observe before they can remarry. This waiting period must be observed after they are divorced, or if their husbands have died. In the Qur'an, this is called '<nowiki/>''[[Iddah]]'' or '''Iddat'' (العدة). However, there is one exception to this requirement in Qur'an 33:49:<br />
<br />
{{Quote|{{Quran|33|49}}| {{right|<br />
ياايها الذين امنوا اذا نكحتم المؤمنات ثم طلقتموهن من قبل ان تمسوهن فمالكم عليهن من عدة تعتدونهافمتعوهن وسرحوهن سراحا جميلا<br />
}}<br />
'''Transliteration:''' ''Ya ayyuha allatheena amanoo itha nakahtumu almuminati thumma tallaqtumoohunna min qabli an tamassoohunna fama lakum AAalayhinna min AAiddatin taAAtaddoonaha famattiAAoohunna wasarrihoohunna sarahan jameelan''<br />
<br />
'''Sahih International:''' O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
<br />
From the verse above it is understood that 'Iddah (stipulated waiting period) is required if sexual contact has occurred within the marriage. If a woman is not touched by her husband, she should not have to observe any waiting period at all.<br />
<br />
After the mention of women who have not had their marriage consummated, the Qur'an goes further - discussing the women who need to observe the 'iddah, and the span of time required. We see in Qur'an 65.4: <br />
<br />
{{Quote|{{Quran|65|4}}|{{right|<br />
واللائي يئسن من المحيض من نسائكم ان ارتبتم فعدتهن ثلاثة اشهر واللائي لم يحضن واولات الاحمال اجلهن ان يضعن حملهن ومن يتق الله يجعل له من امره يسرا<br />
}} <br />
'''Transliteration:''' ''Waalla-ee ya-isna mina almaheedi min nisa-ikum ini irtabtum faAAiddatuhunna thalathatu ashhurin waalla-ee lam yahidna waolatu al-ahmali ajaluhunna an yadaAAna hamlahunna waman yattaqi Allaha yajAAal lahu min amrihi yusran''<br />
<br />
'''Sahih International:''' 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. And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease.}}<br />
<br />
Here the 'Iddah is prescribed to three categories of women:<br />
<br />
#First the phrase: “Yaisna min al-maheedhi” يئسن من المحيض which means “those women who are desperate of menses” is an indication to women who reached the stage of menstruation but do not menstruate and of those who reached menopause. Desperate of menses underlines that it concerns women who though reached the age, fail to menstruate too. Their 'Iddah period is three months.<br />
#Next comes, “Wallaee Lam yahidhna” واللائي لم يحضن which means “those who have not menstruated yet” This group of females are pre-pubescent girls who have not yet menstruated. Here the 'Iddah prescribed for them is equal to the previous group of women (ie. three months).<br />
#Lastly, the women who are pregnant - their prescribed 'iddah is until they have given birth.<br />
<br />
==Linguistic Analysis of Verse in Arabic==<br />
<br />
The Qur'an says in Arabic:<br />
<br />
{{Quote|1=[http://quran.al-islam.com/Tafseer/DispTafsser.asp?l=arb&taf=GALALEEN&nType=1&nSora=65&nAya=4 Quran 65:4]<BR>Tafsir from al-Islam.com<br />
|2= {{right|<br />
واللائي لم يحضن فعدتهن ثلاثة أشهر <br />
}}<br />
<br />
"and those who never had menses" (because they are underage)}} <br />
<br />
The transliteration of the verse and the meaning of each portion of the verse is given below:<br />
<br />
''واللائي لم يحضن" فعدتهن ثلاثة أشهر'' <br />
<br />
''Wa Al-Lā'ī Lam Yaĥiđna'' <br />
<br />
''wa'' ( <font size="4">وَ</font> ) = and<br />
<br />
''Al-Lā'ī'' ( <font size="4">وَاللَّائِي</font> ) = for those who<br />
<br />
''Lam'' ( <font size="4">لَمْ </font>) = did not (negation in past tense) <ref name="EB">Elabbas Benmamoun, Arabic morphology: The central role of the imperfective, Lingua 108 (1999) 175-201</ref> <br />
<br />
''Yaĥiđna'' ( <font size="4">يَحِضْنَ</font> ) = menstruate. <br />
<br />
''Yaĥiđna'' comes from the verbal root H-Y-D ( <font size="4">حيض</font> ) which means "to menstruate". <br />
<br />
The addition of prefix "Ya" and suffix "na" to the root "HYD" shows that the word is used in used in third person, feminine gender, plural, imperfective aspect, jussive mood.<ref>[[w:Arabic grammar|Arabic grammar]] - Wikipedia</ref><br />
<br />
The imperfective aspect, according to traditional understanding of classical Arabic grammar, by itself lacks any tense feature (as is true of other classical Semetic languages such as Hebrew). <ref name="EB" /> The tensed negatives like ''lam'' ( <font size="3">لَمْ </font> ) (negation in past tense), ''lan'' ( <font size="3">لن</font> ) (negation in future tense), ''laa'' ( لا) (negation in present tense) combined with imperfective (in different moods) decide the tense in the case of a negative sentence. <br />
<br />
Thus ''lam Yadrus لم يدرس'' = He did not study. The verb is in the imperfect tense, but the partical lam لم conveys a meaning of a simple, negated past. <br />
<br />
In the verse 65:4, '''''Lam Yaĥiđna'' لم يحضن= 'those who did not menstruate'.''' The meaning here is that the females being referred to have not, yet, menstruated, ie they are pre-pubescent. <br />
<br />
The imperfective verb in the with the negation particle ''lam'' ( <font size="3">لَمْ </font> ) (indicating a past-tense meaning) is in the [[w:Grammatical mood#Jussive|Jussive]] mood(يعني المضارع المجزوم). <ref name="EB" /> <br />
<br />
{{Quote||'''The mood is similar to the cohortative mood, in that it expresses plea, insistence, imploring, self-encouragement, wish, desire, intent, command, purpose or consequence.''' In some languages, the two are distinguished in that cohortative occurs in the first person and the jussive in the second or third. It is found in Arabic, where it is called the مجزوم, majzum. The rules governing the jussive in Arabic are somewhat complex. <ref>[[w:Grammatical mood#Jussive|Jussive]] - Wikipedia</ref>|}} <br />
<br />
Supporting these meanings, from Lane's lexicon, ''Lam'' ({{arabic|لم }}) means 'not':<br />
<br />
{{Quote|1=Lane's Lexicon for ''Lam''|2=Lam = ل<br />
<br />lam = Negative particle giving to the present the sense of the perfect; not.<ref>[http://www.studyquran.co.uk/13_LAM.htm Lam = ل] - StudyQuran</ref>}}<br />
<br />
From the Lexicon, Arabic word for Menstruate is 'Haid' ({{arabic|حيض}}):<br />
{{Quote|1= Lane's Lexicon for ''Haa''|2=Ha-Ya-Dad (Ha-Alif-Dad) = To have her courses, menstruate; Her blood flowed from her womb, to attain the age of menstruation, to make a thing flow.<br />
<br />
hada vb. (1) impf. act. 65:4<br />
<br />
mahid n.m. 2:222<br /><br />
Lane's Lexicon, Volume 2, page: 322, 323<ref>[http://www.studyquran.co.uk/9_HAA.htm ح = Ha] - StudyQuran</ref>}}<br />
<br />
It thus follows that 65:4 is describing the state of women have not yet menstruated, which would logically include children or girls before puberty or attainment of [[w:menarche|menarche]] (first period). This implication, as seen below, was also drawn by the majors [[tafsir|tafsirs]]. <br />
<br />
The exact translation of this portion of {{Quran|65|4}} is thus ''"Not menstruated yet"'' ( <font size="4">لَمْ يَحِضْنَ</font> ). In Arabic, the menstruation process is called HaiD( <font size="4">حيض</font> ), and the verb for "to menstruate" is yaHiD( <font size="4">يَحِض</font> ), with the noun likely being derivative of the verb (as with most but not all derivations in Arabic). The LAM ( <font size="4">لَمْ </font> )clearly shows that the verb refers to women who menstruated, and the na ( <font size="4">نَ</font> ) at the end of the verb drives home the point that this verb speaks of women. “Not menstruated yet” or some similar translation is the only acceptable English translation.<br />
<br />
This verse 65:4 is read by the tafsirs as a continuation of Qur'an 33:49. A question that naturally arises from these verses, and which was more or less answered by the mufassiruun, is 'if a woman who has not had sex should not have to observe any Iddah at all, as mentioned in 33:49, what is the reason for the prescribed 'Iddah for those women who have not yet menstruated?' The seems to be that marrying pre-pubescent girls and having sex with them is sanctioned by the Qur'an.<br />
<br />
The phrase found in Qur'an 65:4 as "wallaee lam yaHiDhna" واللائي لم يحضن is sometimes mistranslated by [[apologists]] by apologists to mask the fact that pre-pubescent girls are normally understood as the intended meaning here; the exact meaning of the phrase is clearly understood this way in the [[Tafsir]]<nowiki/>s.<br />
<br />
==Tafsirs of the Verse==<br />
<br />
The classical tafsirs are unanimous that this verse prescribes the 'iddah for a pre-pubscent woman. Although not spelled out explicitly in the verse itself, this meaning is clearly the one that was taken away by the orthodox Sunni muslim exegetical tradition. <br />
<br />
===Sayyid Abul Ala Maududi===<br />
<br />
{{quote |1=[http://www.islamicstudies.info/tafheem.php?sura=65 Commentary on Qur'an Chapter 65:4]<BR>Sayyid Abul Ala Maududi, Tafhim al-Qur'an|2= Here, one should bear in mind the fact that according to the explanations given in the Quran 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 Quran has held as permissible.}}<br />
<br />
Note here what Maududi mentions on giving pre-pubescent girls in marriage and consummating the marriage with them. The interpreter affirms it is permitted by the Qur'an and no Muslims can question or forbid it.<br />
<br />
===Shaykh Muhammad ibn ‘Uthaymeen===<br />
<br />
{{quote |Shaykh Muhammad ibn ‘Uthaymeen, Majmoo’at As’ilah tahumm al-Usrah al-Muslimah, p. 61-63|Surah al-Talaaq 65:4: <br />
If a woman does not menstruate, either because she is very young or old and past menopause, then her ‘iddah is three months, because Allaah says (interpretation of the meaning): “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.<ref>[http://www.islamqa.com/index.php?ln=eng&ds=qa&QR=12667 The ‘iddah of a woman divorced by talaaq] - Islam Q&A, Fatwa No. 12667</ref>}}<br />
<br />
The reason for bringing two more recent scholars is to show that ''nothing has changed'' in the Islamic tenets on marrying and having sex with pre-pubescent girls, even in this modern era.<br />
<br />
==='Ibn Kathir===<br />
<br />
{{quote |1=[http://www.tafsir.com/default.asp?sid=65&tid=54196 The `Iddah of Those in Menopause and Those Who do not have Menses (Qur'an 65:4)]<BR>Tafsir Ibn Kathir |2= 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 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.}}<br />
<br />
===Al-Jalalayn===<br />
<br />
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir al-Jalalayn|2= 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.}}<br />
<br />
===Ibn Abbas===<br />
<br />
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir Ibn Abbas|2= (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.}} <br />
<br />
===Al-Wahidi===<br />
<br />
{{quote |1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Al-Wahidi, Asbab al-nuzul|2= (And for such of your women as despair of menstruation…) [65:4]. Said Muqatil: “When the verse (Women who are divorced shall wait, keeping themselves apart…), Kallad ibn al-Nu‘man ibn Qays al-Ansari said: ‘O Messenger of Allah, '''what is the waiting period of the woman who does not menstruate and the woman who has not menstruated yet?''' And what is the waiting period of the pregnant woman?’ '''And so Allah, exalted is He, revealed this verse”.''' Abu Ishaq al-Muqri’ informed us> Muhammad ibn ‘Abd Allah ibn Hamdun> Makki ibn ‘Abdan> Abu’l-Azhar> Asbat ibn Muhammad> Mutarrif> Abu ‘Uthman ‘Amr ibn Salim who said: “When the waiting period for divorced and widowed women was mentioned in Surah al-Baqarah, Ubayy ibn Ka‘b said: ‘O Messenger of Allah, some women of Medina are saying: there are other women who have not been mentioned!’ He asked him: ‘And who are they?’ He said: '''Those who are too young [such that they have not started menstruating yet]''', those who are too old [whose menstruation has stopped] and those who are pregnant’. And so this verse (And for such of your women as despair of menstruation…) was revealed”.}}<br />
<br />
===Al-Tabari===<br />
<br />
{{Quote|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.'''}}<br />
<br />
===Al-Zamakhshari===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=2&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Al-Zamakhshari, Al-Kashshaaf|2= {{right|<br />
روي أن ناساً قالوا: قد عرفنا عدة ذوات الأقراء، فما عدة اللائي لا يحضن؛ فنزلت: فمعنى إِنِ ٱرْتَبْتُمْ }: إن أشكل عليكم حكمهن وجهلتم كيف يعتددن فهذا حكمهنّ، وقيل: إن ارتبتم في ذم البالغات مبلغ اليأس وقد قدروه بستين سنة وبخمس وخمسين، أهو دم حيض أو استحاضة؟ { فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ } وإذا كانت هذه عدة المرتاب بها، فغير المرتاب بها أولى بذلك '''{ وَٱلَّٰۤئى لَمْ يَحِضْنَ }''' هن الصغائر''' }}<br />
<br />
It is said that people said: we have known the period of the literate people, what is the waiting period of those who do not menstruate; it was revealed its meaning that "if you doubted", ie if the correct judgement is not clear and you do not know how to reckon their 'iddah this is to be the correct judgement. And it is said: if you doubted the women who have despaired of further menstruation, and they see more blood, is it menstruation or spotting? (Quoting the Qur'an)"Their waiting period is 3 months." And if this number the one which is accounted for here, for those cases which are not account for (quoting the Qur'an) "and for those how have not menstruated yet" these are the small female children. }}<br />
<br />
The bold text means “Those who have not menstruated” are young girls.<br />
<br />
===Tabrasi===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=3&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=7&Size=1&LanguageId=1 Qur'an 65:4]<BR>Tabrasi|2= {{right|{واللآئي لم يحضن}<br />
<br />
تقديره واللآئي لم يحضن إن ارتبتم فعدتهن أيضاً ثلاثة أشهر وحذف دلالة الكلام الأول عليه وهن اللواتي '''لم يبلغن''' المحيض ومثلهن تحيض على ما مرَّ بيانه.}}<br />
<br />
"And those who have not yet menstruated" ie for those who have not yet menstruated, if you doubted, their waiting period is three months, negating the reference to the previous verse, these are those women who have not yet reached the age of menstruation and those like them who's menstruation escapes observation. }}<br />
<br />
The bold text translates as “They are those who haven’t reached the age of menstruation”. Tabrasi comments on the phrase “Wallaee Lam yahidhna” = “Those who have not menstruated yet” in the verse.<br />
<br />
===Al-Shawkani===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=9&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=3&Size=1&LanguageId=1 Qur'an 65:4]<BR>Al-Shoukani, Fath al-Qadir|2= {{right|<br />
{ فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ '''وَٱللاَّئِى لَمْ يَحِضْنَ } لصغرهن، وعدم بلوغهن سن المحيض،''' أي: فعدتهن ثلاثة أشهر }}<br />
<br />
Due to their youth, and their lack of reaching adult age, (quoting the Qur'an) "their waiting period is 3 month" and "those who have not menstruated yet"). IE the waiting period of these ones is 3 months. }}<br />
<br />
The bold part translated as: “Those who have not menstruated yet” are young girls who have not reached the age of menstruation.<br />
<br />
===Abu-Hayyan===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=19&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Abu-Hayyan|2= {{right|{واللائي لم يحضن }<br />
<br />
<br />
،فالعدة هذه، فتلخص في قوله: { إن ارتبتم } قولان: أحدهما، أنه على ظاهر مفهوم اللغة فيه، وهو حصول الشك؛ والآخر، أن معناه التيقن للإياس؛ والقول الأول معناه: إن ارتبتم في دمها، أهو دم حيض أو دم علة؟ أو إن ارتبتم في علوق بحمل أم لا؛ أو إن ارتبتم: أي جهلتم عدتهن، أقوال. والظاهر أن قوله: واللائي '''لم يحضن''' } يشمل من لم يحض لصغر، }}<br />
<br />
As for the waiting period, it is summed up in its saying (quoting the Qur'an) "if you doubted", with two meanings: one of them, which appears exceedingly understandable, 'this is in the case of doubt'; and the other, whose meaning is certainly "have reached to the point of despair." The meaning of the first: if you doubted her blood, is it menstrual blood or caused by an illness or health irregularity? Or perhaps if you suspect a calamity (miscarriage) has happened or not? Or the verses which are for if you are not sure of their waiting period. And this much is clear: (quoting the Qur'an) 'as for those who have not yet menstruated.' This includes those who have not menstruated due to their young age. }}<br />
<br />
The bold: “Those who have not menstruated yet” denotes those not menstruated because of being young.<br />
<br />
==Evidence from the Hadith==<br />
<br />
From Imam Bukhari in his book of Tafsir and hadith collections:<br />
<br />
{{Quote|[http://bewley.virtualave.net/bukhari33.html Sahih Al-Bukhari, Chapter 68: Book of Tafsir]|'''CCCLXXXIV: The Tafsir of Surat at-Talaq'''<BR><BR>Mujahid said that "if you have any doubt" (65:4) means if you do not know whether she menstruates or not. Those who do not longer menstruate and '''those who have not yet menstruated, their 'idda is three months'''.}}<br />
<br />
{{Quote|{{cite web quotebox|url= http://archive.org/download/SahihAl-bukhari9Vol.Set/SahihAl-bukhariVol.7-Ahadith5063-5969.pdf|title= The Translation of the Meanings of Sahih Al-Bukhari|publisher= Dar-us-Salam Publications|isbn= 9960-717-38-0|author= Al-Bukhari (au.), Muhammad M. Khan (tr.)|date= June 1, 1997|series=vol. 7, book 67, ch. 39|page= 57|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Farchive.org%2Fdownload%2FSahihAl-bukhari9Vol.Set%2FSahihAl-bukhariVol.7-Ahadith5063-5969.pdf&date=2013-08-13|deadurl=no}}|'''(39) CHAPTER. Giving one's young children in marriage (is permissible).''' <br />
<br />
By virtue of the Statement of Allah : "...and for those who have no (monthly) <br />
courses (i.e. they are still immature).. (V.65:4) And the 'Idda for the girl before puberty is <br />
three months (in the above Verse). <br />
<br />
'''5133.''' Narrated 'Aishah; that the Prophet wrote the marriage contract with 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).}}<br />
<br />
From Sahih Muslim:<br />
<br />
{{Quote|Capter heading for {{Muslim|8|3309}} to {{Muslim|8|3311}}|Chapter 10: It is permissible for the father to give the hand of his daughter in marriage '''even when she is not fully grown''' up.}}<br />
<br />
The following Muwatta hadith shows it's permissible to marry girls who have not reached puberty:<br />
<br />
{{quote|{{Muwatta|29|33|108|}}|<br />
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."<br />
<br />
'''Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies." '''<br />
<br />
Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.''<br />
<br />
Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."}}<br />
<br />
The following is from Fath al-Bari, the most authoritative commentary on Sahih Al-Bukhari:<br />
<br />
{{Quote|1=|2= {{right|<br />
واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ ) أي فدل على أن نكاحها قبل البلوغ جائز <br />
}}<br />
<br />
"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."<ref>[http://hadith.al-islam.com/display/Display.asp?Doc=0&Rec=7644 Al-Islam (Arabic text)]</ref><ref>[http://www.islamweb.net/newlibrary/display_book.php?idfrom=9381&idto=9382&bk_no=52&ID=2847 IslamWeb (Arabic text)]</ref>}}<br />
<br />
==Recent Fatwas==<br />
<br />
IslamOnline.net is one of the most popular Islamic fatwa sites on the internet. The following excerpt is taken from a December 2010 fatwa.<br />
<br />
{{Quote|1=[http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamonline.net%2Far%2FIOLCounsel_C%2F1278406761316%2F1278406720653%2F%D9%87%D9%84-%D9%8A%D8%AC%D9%88%D8%B2-%D8%AA%D8%AD%D8%AF%D9%8A%D8%AF-%D8%B3%D9%86-%D8%B2%D9%88%D8%A7%D8%AC-%D9%84%D9%84%D9%81%D8%AA%D9%8A%D8%A7%D8%AA%D8%9F-&date=2011-02-03 Is it permissible to restrict the age at which girls can marry?]<BR>Submitted by Ahmad, IslamOnline, December 24, 2010|2=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.}}<br />
<br />
{{Quote|1=[http://www.webcitation.org/61C5nBLpe <!-- original URL http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=88089 -->Child marriage in Islam]<BR>Islamweb, Fatwa No. 88089, June 24, 2004|2='''Getting married at an early age is something that is confirmed by the book of Allah''', the Sunnah of his Prophet (Sallallahu Alaihi wa Sallam), the consensus of the scholars and the actions of the companions, and the Muslims who came after them. <br />
<br />
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. <br />
<br />
The evidence from the Qur'an is: <br />
<br />
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)<br />
<br />
So, '''Allah set rulings of marriage, divorce and waiting period for the women who have not yet had menses, i.e. the young girls'''.<br />
<br />
The Iddah (waiting period) does not take place except after marriage.}}<br />
<br />
==Modern Views and Perspectives on the Meaning of Qur'an 65:4==<br />
<br />
===The Qur'an prohibits marriage to pre-pubescent females===<br />
<br />
Some Modern [[dawah|du'aah]] who decry the traditional sources as endorsing pedophilia often take issue with the interpretation of the wording of Qur'an 65:4 in these source. They see the verse as limited to women of current-day adulthood and not pre-pubescent women (again taking as a starting point modern modes of understanding "adulthood" for women.<ref>{{Cite web| title = Does verse 65:4 encourage child marriage?| author = Abu Amina Elias AKA Justin Parrott| work = Faith in Allah الإيمان بالله "Any practice that causes harm to children is unlawful in Islam."| date = | access-date = 6 January 2022| url = https://www.abuaminaelias.com/verse-65-4-child-marriage/| quote = }}</ref>. Qur'an 4:6 is often leveraged as part of this argument:<br />
<br />
{{quote|{{Qtt|4|6}}|<br />
{{right|وابتلوا اليتامى حتى اذا بلغوا النكاح فان انستم منهم رشدا فادفعوا اليهم اموالهم ولاتاكلوها اسرافا وبدارا ان يكبروا ومن كان غنيا فليستعفف ومن كان فقيرا فلياكل بالمعروف فاذا دفعتم اليهم اموالهم فاشهدوا عليهم وكفى بالله حسيبا<br />
}}<br />
<br />
'''Transliteration:''' Waibtaloo alyatama hatta itha balaghoo aln'''nikaha''' fa-in anastum minhum rushdan faidfaAAoo ilayhim amwalahum wala ta/kulooha israfan wabidaran an yakbaroo waman kana ghaniyyan falyastaAAfif waman kana faqeeran falya/kul bialmaAAroofi fa-itha dafaAAtum ilayhim amwalahum faashhidoo AAalayhim wakafa biAllahi haseeban<br />
<br />
'''Yusuf Ali:''' Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is Allah in taking account. <br />
<br />
'''Pickthal:''' Prove orphans till they reach the marriageable age; then, if ye find them of sound judgment, deliver over unto them their fortune; and devour it not by squandering and in haste lest they should grow up Whoso (of the guardians) is rich, let him abstain generously (from taking of the property of orphans); and whoso is poor let him take thereof in reason (for his guardianship). And when ye deliver up their fortune unto orphans, have (the transaction) witnessed in their presence. Allah sufficeth as a Reckoner.<br />
<br />
'''Shakir:''' And test the orphans until they attain puberty; then if you find in them maturity of intellect, make over to them their property, and do not consume it extravagantly and hastily, lest they attain to full age; and whoever is rich, let him abstain altogether, and whoever is poor, let him eat reasonably; then when you make over to them their property, call witnesses in their presence; and Allah is enough as a Reckoner.}}<br />
<br />
The word [[Nikah]] can have multiple understandings:<br />
<br />
#According to the Islamic Shar'iah, "Nikah" is a technical term, whose Shar'i (Islamic legal) meaning is "the consumation of a marriage through vaginal intercourse" and in many Islamic languages and cultures, such as Urdu speaking Muslims in South Asia, this by extension merely means "(Islamic) marriage." In Arabic, though , ''Zuwaaj'' زواج<ref>[http://www.studyquran.co.uk/28_ZAY.htm Lane's Lexicon - Zay-Waw-Jiim]</ref> is the specific word for just "marriage" (although the contract of marriage which both parties sign is called "'aqd an-nikaah" عقد النكاح), but the Qur'an uses both words in reference to marrying women; Nikaah for human females and Zuwaaj for the Houris.<br />
#The underlying, literal meaning of "Nikaah" in Arabic language is vaginal, "[[Nikah (Sexual Consummation of Marriage)|Sexual Intercourse]]"<br />
<br />
Few Modern du'aah use this word "Nikaah" in this verse to mean "marriage" (i.e. till they (the orphans) reach the age of marriage). Their argument is that this verse links the age of "Nikaah" with "becoming sound in Judgement to take care of the property", and thus a child's Nikaah is impossible while a child does not have the sound judgement to take care of his/her property. <br />
<br />
But contrary to these modern Islamic advocates, the traditional view of Muslim 'ulamaa' of the last 1400 years was that word "Nikaah" had been used in it's literal meaning here (i.e. reaching the age where they are able to do the sexual intercourse). And their arguments are as follows:<br />
<br />
Firstly, this verse is talking about the "male orphans" and not about the "female orphans". It becomes evident from the Arabic word بَلَغُوا (balaghū) in this verse, and the Arabic grammar used in it is (3rd person '''masculine''' plural perfect verb). This Arabic grammar could be seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=4&verse=6 Corpus Quran Website]. <br />
<br />
Thus the exact translation of this verse becomes: "''And test the ('''male''') orphans until they reach the age of (doing) the '''sexual intercourse (i.e. Nikah)'''. Then if you perceive in them sound judgement, release their property to them ...''."<br />
<br />
Secondly, it becomes even more evident from another verse of Quran 17:34:<br />
<br />
{{Quote|{{Quran|17|34}}|وَلَا تَقْرَبُوا۟ مَالَ ٱلْيَتِيمِ إِلَّا بِٱلَّتِى هِىَ أَحْسَنُ حَتَّىٰ يَبْلُغَ '''أَشُدَّهُۥ''' ۚ </br><br />
Come not nigh to the orphan's property except to improve it, until he attains the age of '''full strength'''}}<br />
<br />
The word أَشُدَّهُ (full strength) in this verse means the age when a young boy starts feeling the desire/strength of doing sexual intercourse. <br />
<br />
And the Arabic grammar in the word يَبْلُغَ in this verse is '''"3rd person masculine singular imperfect verb"''', which again points out that this verse is talking about the "male orphans" only. This Arabic grammar could be again seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=17&verse=34 Corpus Quran Website].<br />
<br />
It should be noted that:<br />
<br />
*As far as Shari'i 'aqd an-Nikaah (marriage) is concerned, then there is no condition present in it of reaching the أَشُدَّهُ (i.e. Strength to do the intercourse).<br />
*And the proof is that Muhammad himself did the Shari'i Nikah with 'Aisha, when she was only 6 years old.<br />
*And no one tests a 6 years old child for handing over his/her property to him/her, as 6 years old child has neither أَشُدَّهُ (Strength/Desire) nor he/she has any kind of "sound judgement" to look after his/her property.<br />
<br />
Thus, the Shar'i Nikah has nothing to do with the أَشُدَّهُ (strength), as Muhammad did this Shar'i Nikah with 6 years 'Aisha. <br />
<br />
Actually, even at the age of 9, when 'Aisha finally came to the house of Muhammad for the consummation of marriage, still she was not mentally sound enough to look after any property or business. It is evident from the following hadith:<br />
<br />
{{Quote|{{Bukhari|||6130|darussalam}}|Narrated `Aisha:<br />
<br />
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 (ﷺ) used to enter (my dwelling place) they used to hide themselves, but the Prophet would call them to join and play with me.}}<br />
<br />
According to Islamic Sharia:<br />
<br />
*When a girl reaches puberty, then she herself gets the right to give her consent for the marriage, or to deny the marriage.<br />
*But if she is a minor or prepubescent girl, then her father/guardian could wed her to anyone even without her consent<ref>[https://islamqa.info/en/answers/12708/is-it-acceptable-to-marry-a-girl-who-has-not-yet-started-her-menses The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. Fatwa Website Islam Q&A.] </ref>.<br />
*And if she is a prepubescent and also an orphan, then her guardian has the right to wed her with himself (even without her consent), in order to get her property and the wealth.<br />
<br />
It is evident from the following hadith: <br />
<br />
{{Quote|{{Bukhari|||5064|darussalam}}|Narrated 'Urwa:<br />
<br />
that he asked `Aisha about the Statement of Allah: '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) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! '''(This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr''', and they are ordered to marry other women instead of them."}}<br />
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And it is also evident from the following Quranic Verse: <br />
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{{Quote|{{Quran|4|127}}|You also read them (the guardians) in the Book concerning orphaned women (in your charge) '''to whom you deny their ordained rights and yet wish to take them in marriage''', as well as in respect of helpless children, that you should be just in the matter of orphans." The good you do is known to God.}}<br />
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Thus a prepubescent girl is practically at the mercy of her guardian, and he could marry her to himself, even without her consent, and even for very little Mahr price. <br />
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The Tafsir's agree with this understanding of 4:6:<br />
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{{quote|1=[http://tafsir.com/default.asp?sid=4&tid=10463 Giving Back the Property of the Orphans When They Reach Adulthood (Qur'an 4:6)]<BR>Tafsir Ibn Kathir|2=<br />
'''Giving Back the Property of the Orphans When They Reach Adulthood'''<br />
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Allah said,<br />
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[وَابْتَلُواْ الْيَتَـمَى]<br />
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(And test orphans) meaning, test their intelligence, as Ibn `Abbas, Mujahid, Al-Hasan, As-Suddi and Muqatil bin Hayyan stated.<br />
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[حَتَّى إِذَا بَلَغُواْ النِّكَاحَ]<br />
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(until they reach the age of marriage), the age of puberty, according to Mujahid. The age of puberty according to the majority of scholars comes when the child has a wet dream. In his Sunan, Abu Dawud recorded that `Ali said, "I memorized these words from the Messenger of Allah ,<br />
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«لَا يُتْمَ بَعْدَ احْتِلَامٍ، وَلَا صُمَاتَ يَوْمٍ إِلَى اللَّيْل»<br />
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(There is no orphan after the age of puberty nor vowing to be silent throughout the day to the night.) In another Hadith, `A'ishah and other Companions said that the Prophet said,<br />
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«رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ، عَنِ الصَّبِيِّ حَتَّى يَحْتَلِمَ، وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ، وَعَنِ الْمَجْنُونِ حَتَّى يُفِيق»<br />
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s(The pen does not record the deeds of three persons: the child until the age of puberty, the sleeping person until waking up, and the senile until sane.) Or, the age of fifteen is considered the age of adolescence. In the Two Sahihs, it is recorded that Ibn `Umar said, "I was presented in front of the Prophet on the eve of the battle of Uhud, while I was fourteen years of age, and he did not allow me to take part in that battle. But I was presented in front of him on the eve of the battle of Al-Khandaq (The Trench) when I was fifteen years old, and he allowed me (to join that battle).'' `Umar bin `Abdul-`Aziz commented when this Hadith reached him, "This is the difference between a child and an adult.'' There is a difference of opinion over whether pubic hair is considered a sign of adulthood, and the correct opinion is that it is. The Sunnah supports this view, according to a Hadith collected by Imam Ahmad from `Atiyah Al-Qurazi who said, We were presented to the Prophet on the day of Qurizah, whoever had pubic hair was killed, whoever did not was left free to go, I was one of those who did not, so I was left free.'' The Four Sunan compilers also recorded similar to it. At-Tirmidhi said, "Hasan Sahih.'' Allah's statement,<br />
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[فَإِنْ ءَانَسْتُمْ مِّنْهُمْ رُشْداً فَادْفَعُواْ إِلَيْهِمْ أَمْوَلَهُمْ]<br />
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(if then you find sound judgment in them, release their property to them,) Sa`id bin Jubayr said that this portion of the Ayah means, when you find them to be good in the religion and wise with their money. Similar was reported from Ibn `Abbas, Al-Hasan Al-Basri and others among the Imams. The scholars of Fiqh stated that when the child becomes good in the religion and wise concerning with money, then the money that his caretaker was keeping for him should be surrendered to him.}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsir al-Jalalayn|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
Try, test, well the orphans, before reaching maturity with regard [the duties of] religion and [before] they can [legally] manage their own affairs, until they reach the age of marrying, that is, until they have become eligible for it through puberty or [legal] age, which, according to al-Shāfi‘ī, is the completion of fifteen years; then, if you perceive in them maturity, that is, right [judgement] in matters of religion and their property, deliver their property to them; consume it not, O guardians, wastefully, without due merit, and in haste, that is, hastening to expend it, fearing, lest they should grow up, and become mature, at which time you will be obliged to hand it over to them. If any man, who is a guardian, is rich, let him be abstinent, that is, let him abstain from the orphan’s property and refrain from consuming it; if he is poor, let him consume, of it, honourably, that is, in line with the wage for his work. And when you deliver to them, the orphans, their property, take witnesses over them, that they have received it and that you are absolved [of the obligation], so that if any dispute occurs, you are able to refer to a clear proof: this is a command [intended] for guidance. God suffices as a reckoner, as a guardian of His creatures’ deeds and as a reckoner of these [deeds] (the bā’ [in bi’Llāhi] is extra).}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsîr Ibn Abbas|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
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(Prove orphans) test the intelligence of orphans (till they reach the marriageable age) the age of puberty; (then, if ye find them of) if you see that they possess (sound judgement) righteousness in Religion and a tendency to protect their wealth, (deliver over unto them their fortune) then give their wealth which is with you; (and devour it not squandering) it in transgression and unlawfully (and in haste) in haste lest the orphan grows older and consumes it little by little (lest they should grow up) for fear that they grow older and stop you from devouring their wealth. (Whoso (of the guardians) is rich) and needs not the orphan's wealth, (let him abstain generously) because of his richness from taking of the property of orphans, nor should he diminish anything from their wealth; (and whoso is poor) and needy (let him take thereof in reason (for his guardianship)) in measure, such that he is not in need for the wealth of orphans; it is also said that this means: he should take from the wealth of orphans in proportion with the measure of his work regarding this wealth; and it is also said that this means: he can take from the wealth of orphans as a loan to be paid back. (And when ye deliver up their fortune unto orphans) when they reach the legal age, (have (the transaction) witnessed in their presence) when you deliver it to them. (Allah sufficeth as a Reckoner) Allah suffices as a witness. This verse was revealed about Thabit Ibn Rifa'ah al-Ansari.}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Al-Wahidi, Asbab Al-Nuzul|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
(Prove orphans…) [4:6]. This was revealed about Thabit ibn Rifa‘ah and his uncle. Rifa‘ah died when his son Thabit was very young. The uncle of Thabit went to the Messenger of Allah, Allah bless him and give him peace, and said: “The son of my brother is an orphan under my care, what is lawful for me from his wealth? And when should I give him back his wealth?” And so Allah, exalted is He, revealed this verse.}}<br />
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===The Arabic word “Nisaa'” does not refer to young females===<br />
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Some defenders of the Qur'an, speaking in English, claim that the Qur'an only uses the word ''Nisaa''' to refer to mature, adult women, therefore 65:4 cannot be talking about pre-pubescent females.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = Kaleef K. Karim| work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = that the Arabic word ‘Nisa’ could also refer to ‘female children’. Let us take a look in Arabic-English dictionaries. The Arabic word ‘Nisa’ has been used 59 times in the Quran. Not once has the word ‘Nisa’ been used for a ‘child(ren)’, it has always referred to mature adult women. Dr. Rohi Baalbaki, says in Al-Mawrid: A modern Arabic-English Dictionary:}}</ref> This linguistic argument does not hold water, even just on the basis of the Qur'an itself as a text. The word merely means "women/females" and can refer to mixed groups of women of various ages, as the English "female" or "women." Here are some verses that use the word ''"nisaa'"'':<br />
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{{Quote|{{Quran|2|49}}|وَإِذْ نَجَّيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ يُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith najjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' And remember, We delivered you from the people of Pharaoh: They set you hard tasks and punishments, slaughtered your sons and let your women-folk live; therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|7|127}}|وَقَالَ ٱلْمَلَأُ مِن قَوْمِ فِرْعَوْنَ أَتَذَرُ مُوسَىٰ وَقَوْمَهُۥ لِيُفْسِدُوا۟ فِى ٱلْأَرْضِ وَيَذَرَكَ وَءَالِهَتَكَ ۚ قَالَ سَنُقَتِّلُ أَبْنَآءَهُمْ وَنَسْتَحْىِۦ نِسَآءَهُمْ وَإِنَّا فَوْقَهُمْ قَٰهِرُونَ<br />
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'''Transliteration:''' ''Waqala almalao min qawmi firawna atatharu moosa waqawmahu liyufsidoo fee alardi wayatharaka waalihataka qala sanuqattilu abnaahum wanastahyee '''Nisa'''ahum wainna fawqahum qahiroona'' <BR><BR><br />
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'''Yusuf Ali:''' Said the chiefs of Pharaoh’s people: “Wilt thou leave Moses and his people, to spread mischief in the land, and to abandon thee and thy gods?” He said: “Their male children will we slay; (only) their females will we save alive; and we have over them (power) irresistible."}}<br />
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{{Quote|{{Quran|7|141}}|وَإِذْ أَنجَيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ ۖ يُقَتِّلُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith anjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuqattiloona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' And remember we rescued you from Pharaoh’s people, who afflicted you with the worst of penalties, who slew your male children and saved alive your females: in that was a momentous trial from your Lord.}}<br />
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{{Quote|{{Quran|14|6}}|وَإِذْ قَالَ مُوسَىٰ لِقَوْمِهِ ٱذْكُرُوا۟ نِعْمَةَ ٱللَّهِ عَلَيْكُمْ إِذْ أَنجَىٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ وَيُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith qala moosa liqawmihi othkuroo niAAmata Allahi AAalaykum ith anjakum min ali firawna yasoomoonakum sooa alAAathabi wayuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' Remember! Moses said to his people: “Call to mind the favour of Allah to you when He delivered you from the people of Pharaoh: they set you hard tasks and punishments, slaughtered your sons, and let your females live: therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|40|25}}|فَلَمَّا جَآءَهُم بِٱلْحَقِّ مِنْ عِندِنَا قَالُوا۟ ٱقْتُلُوٓا۟ أَبْنَآءَ ٱلَّذِينَ ءَامَنُوا۟ مَعَهُۥ وَٱسْتَحْيُوا۟ نِسَآءَهُمْ ۚ وَمَا كَيْدُ ٱلْكَٰفِرِينَ إِلَّا فِى ضَلَٰلٍ<br />
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'''Transliteration:''' ''Falamma jaahum bialhaqqi min AAindina qaloo oqtuloo abnaa allatheena amanoo maAAahu waistahyoo '''Nisa'''ahum wama kaydu alkafireena illa fee dalalin''<BR><BR><br />
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'''Yusuf Ali:''' Now, when he came to them in Truth, from Us, they said, "Slay the sons of those who believe with him, and keep alive their females," but the plots of Unbelievers (end) in nothing but errors (and delusions)!...}}<br />
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In the above verses, the word ''"Nisaa'"'' is referring to female infants. The biblical original of this story, which the Qur'an relies upon and which commentary on the Qur'an confirms in this case, <br />
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{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:15-16;&version=49; Exodus 1:15-16]|2=<br />
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וַיֹּ֨אמֶר֙ מֶ֣לֶךְ מִצְרַ֔יִם לַֽמְיַלְּדֹ֖ת הָֽעִבְרִיֹּ֑ת אֲשֶׁ֨ר שֵׁ֤ם הָֽאַחַת֙ שִׁפְרָ֔ה וְשֵׁ֥ם הַשֵּׁנִ֖ית פּוּעָֽה:וַיֹּ֗אמֶר בְּיַלֶּדְכֶן֙ אֶת־הָ֣עִבְרִיּ֔וֹת וּרְאִיתֶ֖ן עַל־הָֽאָבְנָ֑יִם אִם־בֵּ֥ן הוּא֙ וַֽהֲמִתֶּ֣ן אֹת֔וֹ וְאִם־בַּ֥ת הִ֖וא וָחָֽיָה:<br />
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''"And the king of Egypt spoke to the Hebrew midwives, of whom the name of the one was Shiphrah, and the name of the other Puah; and he said: ‘When ye do the office of a midwife to the Hebrew women, ye shall look upon the birthstool: if it be a son, then ye shall kill him; but if it be a daughter, then she shall live.’''}}<br />
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{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:22;&version=49; Exodus 1:22]|2=<br />
כבוַיְצַ֣ו פַּרְעֹ֔ה לְכָל־עַמּ֖וֹ לֵאמֹ֑ר כָּל־הַבֵּ֣ן הַיִּלּ֗וֹד הַיְאֹ֨רָה֙ תַּשְׁלִיכֻ֔הוּ וְכָל־הַבַּ֖ת תְּחַיּֽוּן:<br />
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''And Pharaoh charged all his people, saying: ‘Every son that is born ye shall cast into the river, and every daughter ye shall save alive.''}}<br />
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Moreover the Quran itself clarifies “Who the ''Nisa'' are”. <br />
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{{Quote|{{Quran|4|127}}|{{right|<br />
ويستفتونك في النساء قل الله يفتيكم فيهن ومايتلى عليكم في الكتاب في يتامى النساء اللاتي لاتؤتونهن ماكتب لهن وترغبون ان تنكحوهن والمستضعفين من الولدان وان تقوموا لليتامى بالقسط وماتفعلوا من خير فان الله كان به عليما }}<br />
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'''Transliteration:''' ''Wayastaftoonaka fee alnnisa-i quli Allahu yufteekum feehinna wama yutla AAalaykum fee alkitabi fee yatama alnnisa-i allatee la tu/toonahunna ma kutiba lahunna watarghaboona an tankihoohunna waalmustadAAafeena mina alwildani waan taqoomoo lilyatama bialqisti wama tafAAaloo min khayrin fa-inna Allaha kana bihi AAaleeman'' <br />
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'''Literal:''' And they ask for your opinion/clarification about the women, say: "God decreed/clarifies in them (F), and what is read/recited on you in The Book in the women orphans/minors that lose their father, those who (F) you did not give them (F) what was written/dictated to them (F), and you desire that you marry them (F), and the weakened from the children/newborns, and that you take care of to the orphans/minors that lose their father with the just/equitable; and what you make/do from goodness, so that God was/is with it knowledgeable."<ref>[{{Reference archive|1=http://iknowledge.islamicnature.com/quran/surah/4/lang/englishliteral/|2=2011-11-27}} 4. An-Nisa - Women (سورة النساء) - Revealed in Madinah (English: Literal)] - IslamicNature, accessed November 27, 2011</ref>}}<br />
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Here Muhammad is asked who the "Nisaa'" were, and the response delineates who they are:<br />
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#Orphans<br />
#Female wards<br />
#Those you desire to marry<br />
#The weakened from the children or new born.<br />
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===65.4 talks only of the 'Iddah and not of sexual activity===<br />
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One point of focus for modern commentators, seeking to defend the Qur'an from the charge of endorsing pedophilia, is that 65:4 does not explicitly discuss consummation or other sexual activity in regards to any of the females discussed in the verse; it merely sets the prescribed 'Iddah required for each.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = | work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = }}</ref>The 'iddah (prescribed waiting period) for females is required after a divorce or widowing, so that a child's father can be correctly identified. In addition to multiple tafsir and hadith traditions on 65:4, this is also established in Qur'an 33:49: <br />
<br />
<br /><br />
{{Quote|{{Quran|33|49}}|<br />
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَٰتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا<br />
<br />
O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
<br />
The tafsirs further expound on the meaning of the 'iddah according to this verse:<br />
<br />
{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=1841&Itemid=89#1 A Gift and no (Iddah) for Women Who are divorced before Consummation of the Marriage (Qur'an 33:49)]<BR>Tafsir Ibn Kathir|2= {{right|<br />
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)}}<br />
<br />
49. O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no `Iddah have you to count in respect of them. So, give them a present, and set them free in a handsome manner.)<br />
<br />
This Ayah contains many rulings, including the use of the word Nikah for the marriage contract alone. There is no other Ayah in the Qur'an that is clearer than this on this point. It also indicates that it is permissible to divorce a woman before consummating the marriage with her.<br />
{{right|<br />
(الْمُؤْمِنَـتِ)<br />
}}<br />
(believing women)<br />
This refers to what is usually the case, although there is no difference between a believing (Muslim) woman and a woman of the People of the Book in this regard, according to scholarly consensus. Ibn `Abbas, may Allah be pleased with him, Sa`id bin Al-Musayyib, Al-Hasan Al-Basri, `Ali bin Al-Husayn Zayn-ul-`Abidin and a group of the Salaf took this Ayah as evidence that divorce cannot occur unless it has been preceded by marriage, because Allah says,<br />
{{right|<br />
(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
}}<br />
(When you marry believing women, and then divorce them) <br />
<br />
The marriage contract here is followed by divorce, which indicates that the divorce cannot be valid if it comes first. Ibn Abi Hatim recorded that Ibn `Abbas, may Allah be pleased with him, said, "If someone were to say, `every woman I marry will ipso facto be divorced,' this does not mean anything, because Allah says:<br />
{{right|<br />
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
}}<br />
(O you who believe! When you marry believing women, and then divorce them....).'' It was also reported that Ibn `Abbas, may Allah be pleased with him, said: "Allah said,<br />
{{right|<br />
(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
}}<br />
(When you marry believing women, and then divorce them.) Do you not see that divorce comes after marriage'' A Hadith to the same effect was recorded from `Amr bin Shu`ayb from his father from his grandfather, who said: "The Messenger of Allah said:<br />
{{right|<br />
«لَا طَلَاقَ لِابْنِ آدَمَ فِيمَا لَا يَمْلِك»<br />
}}<br />
(There is no divorce for the son of Adam with regard to that which he does not possess.) This was recorded by Ahmad, Abu Dawud, At-Tirmidhi and Ibn Majah. At-Tirmidhi said, "This is a Hasan Hadith, and it is the best thing that has been narrated on this matter.'' It was also recorded by Ibn Majah from `Ali and Al-Miswar bin Makhramah, may Allah be pleased with them, that the Messenger of Allah said:<br />
{{right|<br />
«لَا طَلَاقَ قَبْلَ نِكَاح»<br />
}}<br />
(There is no divorce before marriage.)<br />
{{right|<br />
(فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا)<br />
}}<br />
(no `Iddah have you to count in respect of them.) This is a command on which the scholars are agreed, that if a woman is divorced before the marriage is consummated, she does not have to observe the `Iddah (prescribed period for divorce) and she may go and get married immediately to whomever she wishes. The only exception in this regard is a woman whose husband died, in which case she has to observe an `Iddah of four months and ten days even if the marriage was not consummated. This is also according to the consensus of the scholars.<br />
{{right|<br />
(فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
(So, give them a present, and set them free in a handsome manner.) The present here refers to something more general than half of the named dowery or a special gift that has not been named. Allah says:<br />
{{right|<br />
(وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ)<br />
}}<br />
(And if you divorce them before you have touched (had a sexual relation with) them, and you have fixed unto them their due (dowery) then pay half of that) (2:237). And Allah says:<br />
{{right|<br />
(لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ)<br />
}}<br />
(There is no sin on you, if you divorce women while yet you have not touched them, nor fixed unto them their due (dowery). But bestow on them gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.) (2:236) pIn Sahih Al-Bukhari, it was recorded that Sahl bin Sa`d and Abu Usayd, may Allah be pleased with them both, said, "The Messenger of Allah married Umaymah bint Sharahil, and when she entered upon him he reached out his hand towards her, and it was as if she did not like that, so he told Abu Usayd to give her two garments.'' `Ali bin Abi Talhah reported that Ibn `Abbas, may Allah be pleased with him, said "If the dowery had been named, she would not be entitled to more than half, but if the dowery is not been named, he should give her a gift according to his means, and this is the "handsome manner.''}}<br />
<br />
{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir al-Jalalayn|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
O you who believe if you marry believing women and then divorce them before you have touched them (read tamassūhunna or tumāsūhunna) that is, before you have copulated with them, there shall be no [waiting] period for you to reckon against them, [no] waiting period [needed to preclude pregnancy] or otherwise. But provide for them, give them what they can use for [securing] comforts, in cases where no dowry has been fixed for them; otherwise theirs is to retain half of what was fixed, but no more — this is what Ibn ‘Abbās said and it is [the opinion] followed by al-Shāfi‘ī’; and release them in a gracious manner, leave them be without [the intention to cause them any] harm.}}<br />
<br />
{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir 'Ibn Abbas|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
(O ye who believe! If ye wed believing women) without naming the amount of their dowry (and divorce them before ye have touched them) before you had sexual intercourse with them, (then there is no period that ye should reckon) by counting the months or the periods of menstruation. (But content them) as is due by divorce by giving them at least a scarf or shawl (and release them handsomely) divorce them without any harm done to them.}}<br />
<br />
This verse effectively removes the apologist's objection to Qur'an 65.4 as we see clearly that if a man has not consummated his marriage with his wife then she does not need to observe an 'iddah. If Qur'an 65.4 specifies that pre-pubescent females must observe a 3 month 'iddah then clearly sexual intercourse is halal to Allah.<br />
<br />
===This verse is only talking about adult women who don't know if they are pregnant===<br />
<br />
The very reason 65:4 was revealed in the first place, was as a clarification to an existing revelation by Allah. Allah had already revealed that women must wait 3 menstrual periods before they can end the 'iddat and be free to marry again. This is in Qur'an 2:228:<br />
<br />
{{quote|{{Quran|2|228}}|'''And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs''', if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and Allah is Mighty, Wise. }}<br />
<br />
However, after this, Muslim men went to Muhammad to ask about those who did not presently have their menses - how do they measure the 'iddat in those cases? It is in this circumstance that Allah sent down the clarification (65:4) for the three groups of women that did not have menstruation, therefore they could not wait the '3 menstrual cycles' as mandated by Qur'an 2:228.<br />
<br />
Those Muslims who make this claim are ignoring what all of their own scholars have said about 65:4; that it is referring to the peri-menopausal and post menopausal women, the pre-pubescent girls and the pregnant women. The women who are currently menstruating are told in Qur'an 2:228 that they must wait 3 menstrual cycles, therefore this apologetic is also debunked.<br />
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===This verse is applied to unconsummated widows===<br />
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Another claim is that Qur'an 65:4 doesn't necessarily mean that Muslim men can have sex with pre-pubescent females because there may be cases where a man has married a pre-pubescent female, but while waiting for her to attain menstruation before consummating the marriage, he died. The 'iddah could be referring to a situation such as this. This claim is invalid because the Qur'an specifies the 'iddah for ''all'' widows to be 4 months and 10 days; in Qur'an 2:234:<br />
<br />
{{Quote|{{Quran|2|234}}|And (as for) those of you who die and leave wives behind, they should keep themselves in waiting for four months and ten days; then when they have fully attained their term, there is no blame on you for what they do for themselves in a lawful manner; and Allah is aware of what you do.}}<br />
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Snce the 'Iddah specified in Qur'an 65.4 is for a different amount of time, this situation would not seem to be the subject of 65:4. <br />
<br />
<br /><br />
==See Also==<br />
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*[[Child Marriage in the Muslim World]]<br />
<br />
{{Translation-links-english|[[Pedophilie_dans_le_Coran|French]]}}<br />
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==External Links==<br />
<br />
*[http://www.answering-islam.org/Quran/Versions/065.004.html Marriage to Minors: Surah At-Talaq (65:4)] - ''Answering Islam''<br />
<br />
==References==<br />
{{Reflist|30em}}<br />
<br />
[[Category:Qur'an]]<br />
[[Category:Shariah (Islamic Law)]]<br />
[[Category:Child Marriage]]<br />
[[Category:Human rights]]<br />
[[Category:Marriage]]<br />
[[Category:Women]]<br />
[[Category:Criticism of Islam]]<br />
[[Category:Apologetics]]<br />
[[Category:Tafsir]]</div>IbnPinkerhttps://wikiislam.net/index.php?title=Child_Marriage_in_the_Qur%27an&diff=134323Child Marriage in the Qur'an2022-01-10T20:15:51Z<p>IbnPinker: /* Tabrasi */</p>
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<div>{{QualityScore|Lead=4|Structure=3|Content=3|Language=4|References=2}}<br />
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The subject of child marriage per se never arises in the Qur'an. Yet the Qur'an deals indirectly with the topic. The subject of the [['Iddah]] or "(waiting) period" of a woman is dealt with frequently in the Qu'ran. Summarized briefly, the Qur'an lays down strict rules (based largely on the women's menstruation cycles or lack thereof) for how long a woman must wait in between the end of one marriage and the beginning of another, and the purpose in the pre-modern, patriarchal societies in which the [[Shari'ah]] was codified was to ensure that a woman would not marry a new man while pregnant from her last husband and impute fathership of her baby to the wrong husband. Pursuant to these rules the Qur'an in verse 33:49 states that no [['Iddah]] is prescribed for a woman who has ''not'' had intimate contact with her husband, but goes on to stipulate an [['Iddah]] for pre-pubescent girls in verse 65:4, implying that pre-pubescent girls can be divorced, with the implication that it is possible to marry them. This has been interpreted in the orthodox Sunni Muslim tradition to mean that the[[Qur'an]] supports marrying and having sex with prepubescent girls. Despite the discomfort that this causes for modern readers, the conclusion (which is drawn explicitly in sahih hadith and tafsir traditions around this and related Qur'anic verse) seems to be that the Qur'an endorses sexual intercourse (as a part of Islamic marriage) with pre-pubescent girls. <br />
[[File:Women protesters.jpg|right|thumb|300px|March 23, 2010: Women protesters hold up copies of the Qur'an outside parliament in Sanaa while stating that a proposed law banning marriages under the age of 17 in Yemen is un-Islamic<ref>[http://www.irinnews.org/Report.aspx?ReportId=88589 YEMEN: Deep divisions over child brides] - IRIN, March 28, 2010</ref>]] <br />
==Introduction==<br />
<br />
The Qur'an has stipulated a waiting period which women must observe before they can remarry. This waiting period must be observed after they are divorced, or if their husbands have died. In the Qur'an, this is called '<nowiki/>''[[Iddah]]'' or '''Iddat'' (العدة). However, there is one exception to this requirement in Qur'an 33:49:<br />
<br />
{{Quote|{{Quran|33|49}}| {{right|<br />
ياايها الذين امنوا اذا نكحتم المؤمنات ثم طلقتموهن من قبل ان تمسوهن فمالكم عليهن من عدة تعتدونهافمتعوهن وسرحوهن سراحا جميلا<br />
}}<br />
'''Transliteration:''' ''Ya ayyuha allatheena amanoo itha nakahtumu almuminati thumma tallaqtumoohunna min qabli an tamassoohunna fama lakum AAalayhinna min AAiddatin taAAtaddoonaha famattiAAoohunna wasarrihoohunna sarahan jameelan''<br />
<br />
'''Sahih International:''' O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
<br />
From the verse above it is understood that 'Iddah (stipulated waiting period) is required if sexual contact has occurred within the marriage. If a woman is not touched by her husband, she should not have to observe any waiting period at all.<br />
<br />
After the mention of women who have not had their marriage consummated, the Qur'an goes further - discussing the women who need to observe the 'iddah, and the span of time required. We see in Qur'an 65.4: <br />
<br />
{{Quote|{{Quran|65|4}}|{{right|<br />
واللائي يئسن من المحيض من نسائكم ان ارتبتم فعدتهن ثلاثة اشهر واللائي لم يحضن واولات الاحمال اجلهن ان يضعن حملهن ومن يتق الله يجعل له من امره يسرا<br />
}} <br />
'''Transliteration:''' ''Waalla-ee ya-isna mina almaheedi min nisa-ikum ini irtabtum faAAiddatuhunna thalathatu ashhurin waalla-ee lam yahidna waolatu al-ahmali ajaluhunna an yadaAAna hamlahunna waman yattaqi Allaha yajAAal lahu min amrihi yusran''<br />
<br />
'''Sahih International:''' 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. And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease.}}<br />
<br />
Here the 'Iddah is prescribed to three categories of women:<br />
<br />
#First the phrase: “Yaisna min al-maheedhi” يئسن من المحيض which means “those women who are desperate of menses” is an indication to women who reached the stage of menstruation but do not menstruate and of those who reached menopause. Desperate of menses underlines that it concerns women who though reached the age, fail to menstruate too. Their 'Iddah period is three months.<br />
#Next comes, “Wallaee Lam yahidhna” واللائي لم يحضن which means “those who have not menstruated yet” This group of females are pre-pubescent girls who have not yet menstruated. Here the 'Iddah prescribed for them is equal to the previous group of women (ie. three months).<br />
#Lastly, the women who are pregnant - their prescribed 'iddah is until they have given birth.<br />
<br />
==Linguistic Analysis of Verse in Arabic==<br />
<br />
The Qur'an says in Arabic:<br />
<br />
{{Quote|1=[http://quran.al-islam.com/Tafseer/DispTafsser.asp?l=arb&taf=GALALEEN&nType=1&nSora=65&nAya=4 Quran 65:4]<BR>Tafsir from al-Islam.com<br />
|2= {{right|<br />
واللائي لم يحضن فعدتهن ثلاثة أشهر <br />
}}<br />
<br />
"and those who never had menses" (because they are underage)}} <br />
<br />
The transliteration of the verse and the meaning of each portion of the verse is given below:<br />
<br />
''واللائي لم يحضن" فعدتهن ثلاثة أشهر'' <br />
<br />
''Wa Al-Lā'ī Lam Yaĥiđna'' <br />
<br />
''wa'' ( <font size="4">وَ</font> ) = and<br />
<br />
''Al-Lā'ī'' ( <font size="4">وَاللَّائِي</font> ) = for those who<br />
<br />
''Lam'' ( <font size="4">لَمْ </font>) = did not (negation in past tense) <ref name="EB">Elabbas Benmamoun, Arabic morphology: The central role of the imperfective, Lingua 108 (1999) 175-201</ref> <br />
<br />
''Yaĥiđna'' ( <font size="4">يَحِضْنَ</font> ) = menstruate. <br />
<br />
''Yaĥiđna'' comes from the verbal root H-Y-D ( <font size="4">حيض</font> ) which means "to menstruate". <br />
<br />
The addition of prefix "Ya" and suffix "na" to the root "HYD" shows that the word is used in used in third person, feminine gender, plural, imperfective aspect, jussive mood.<ref>[[w:Arabic grammar|Arabic grammar]] - Wikipedia</ref><br />
<br />
The imperfective aspect, according to traditional understanding of classical Arabic grammar, by itself lacks any tense feature (as is true of other classical Semetic languages such as Hebrew). <ref name="EB" /> The tensed negatives like ''lam'' ( <font size="3">لَمْ </font> ) (negation in past tense), ''lan'' ( <font size="3">لن</font> ) (negation in future tense), ''laa'' ( لا) (negation in present tense) combined with imperfective (in different moods) decide the tense in the case of a negative sentence. <br />
<br />
Thus ''lam Yadrus لم يدرس'' = He did not study. The verb is in the imperfect tense, but the partical lam لم conveys a meaning of a simple, negated past. <br />
<br />
In the verse 65:4, '''''Lam Yaĥiđna'' لم يحضن= 'those who did not menstruate'.''' The meaning here is that the females being referred to have not, yet, menstruated, ie they are pre-pubescent. <br />
<br />
The imperfective verb in the with the negation particle ''lam'' ( <font size="3">لَمْ </font> ) (indicating a past-tense meaning) is in the [[w:Grammatical mood#Jussive|Jussive]] mood(يعني المضارع المجزوم). <ref name="EB" /> <br />
<br />
{{Quote||'''The mood is similar to the cohortative mood, in that it expresses plea, insistence, imploring, self-encouragement, wish, desire, intent, command, purpose or consequence.''' In some languages, the two are distinguished in that cohortative occurs in the first person and the jussive in the second or third. It is found in Arabic, where it is called the مجزوم, majzum. The rules governing the jussive in Arabic are somewhat complex. <ref>[[w:Grammatical mood#Jussive|Jussive]] - Wikipedia</ref>|}} <br />
<br />
Supporting these meanings, from Lane's lexicon, ''Lam'' ({{arabic|لم }}) means 'not':<br />
<br />
{{Quote|1=Lane's Lexicon for ''Lam''|2=Lam = ل<br />
<br />lam = Negative particle giving to the present the sense of the perfect; not.<ref>[http://www.studyquran.co.uk/13_LAM.htm Lam = ل] - StudyQuran</ref>}}<br />
<br />
From the Lexicon, Arabic word for Menstruate is 'Haid' ({{arabic|حيض}}):<br />
{{Quote|1= Lane's Lexicon for ''Haa''|2=Ha-Ya-Dad (Ha-Alif-Dad) = To have her courses, menstruate; Her blood flowed from her womb, to attain the age of menstruation, to make a thing flow.<br />
<br />
hada vb. (1) impf. act. 65:4<br />
<br />
mahid n.m. 2:222<br /><br />
Lane's Lexicon, Volume 2, page: 322, 323<ref>[http://www.studyquran.co.uk/9_HAA.htm ح = Ha] - StudyQuran</ref>}}<br />
<br />
It thus follows that 65:4 is describing the state of women have not yet menstruated, which would logically include children or girls before puberty or attainment of [[w:menarche|menarche]] (first period). This implication, as seen below, was also drawn by the majors [[tafsir|tafsirs]]. <br />
<br />
The exact translation of this portion of {{Quran|65|4}} is thus ''"Not menstruated yet"'' ( <font size="4">لَمْ يَحِضْنَ</font> ). In Arabic, the menstruation process is called HaiD( <font size="4">حيض</font> ), and the verb for "to menstruate" is yaHiD( <font size="4">يَحِض</font> ), with the noun likely being derivative of the verb (as with most but not all derivations in Arabic). The LAM ( <font size="4">لَمْ </font> )clearly shows that the verb refers to women who menstruated, and the na ( <font size="4">نَ</font> ) at the end of the verb drives home the point that this verb speaks of women. “Not menstruated yet” or some similar translation is the only acceptable English translation.<br />
<br />
This verse 65:4 is read by the tafsirs as a continuation of Qur'an 33:49. A question that naturally arises from these verses, and which was more or less answered by the mufassiruun, is 'if a woman who has not had sex should not have to observe any Iddah at all, as mentioned in 33:49, what is the reason for the prescribed 'Iddah for those women who have not yet menstruated?' The seems to be that marrying pre-pubescent girls and having sex with them is sanctioned by the Qur'an.<br />
<br />
The phrase found in Qur'an 65:4 as "wallaee lam yaHiDhna" واللائي لم يحضن is sometimes mistranslated by [[apologists]] by apologists to mask the fact that pre-pubescent girls are normally understood as the intended meaning here; the exact meaning of the phrase is clearly understood this way in the [[Tafsir]]<nowiki/>s.<br />
<br />
==Tafsirs of the Verse==<br />
<br />
The classical tafsirs are unanimous that this verse prescribes the 'iddah for a pre-pubscent woman. Although not spelled out explicitly in the verse itself, this meaning is clearly the one that was taken away by the orthodox Sunni muslim exegetical tradition. <br />
<br />
===Sayyid Abul Ala Maududi===<br />
<br />
{{quote |1=[http://www.islamicstudies.info/tafheem.php?sura=65 Commentary on Qur'an Chapter 65:4]<BR>Sayyid Abul Ala Maududi, Tafhim al-Qur'an|2= Here, one should bear in mind the fact that according to the explanations given in the Quran 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 Quran has held as permissible.}}<br />
<br />
Note here what Maududi mentions on giving pre-pubescent girls in marriage and consummating the marriage with them. The interpreter affirms it is permitted by the Qur'an and no Muslims can question or forbid it.<br />
<br />
===Shaykh Muhammad ibn ‘Uthaymeen===<br />
<br />
{{quote |Shaykh Muhammad ibn ‘Uthaymeen, Majmoo’at As’ilah tahumm al-Usrah al-Muslimah, p. 61-63|Surah al-Talaaq 65:4: <br />
If a woman does not menstruate, either because she is very young or old and past menopause, then her ‘iddah is three months, because Allaah says (interpretation of the meaning): “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.<ref>[http://www.islamqa.com/index.php?ln=eng&ds=qa&QR=12667 The ‘iddah of a woman divorced by talaaq] - Islam Q&A, Fatwa No. 12667</ref>}}<br />
<br />
The reason for bringing two more recent scholars is to show that ''nothing has changed'' in the Islamic tenets on marrying and having sex with pre-pubescent girls, even in this modern era.<br />
<br />
==='Ibn Kathir===<br />
<br />
{{quote |1=[http://www.tafsir.com/default.asp?sid=65&tid=54196 The `Iddah of Those in Menopause and Those Who do not have Menses (Qur'an 65:4)]<BR>Tafsir Ibn Kathir |2= 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 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.}}<br />
<br />
===Al-Jalalayn===<br />
<br />
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir al-Jalalayn|2= 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.}}<br />
<br />
===Ibn Abbas===<br />
<br />
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir Ibn Abbas|2= (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.}} <br />
<br />
===Al-Wahidi===<br />
<br />
{{quote |1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Al-Wahidi, Asbab al-nuzul|2= (And for such of your women as despair of menstruation…) [65:4]. Said Muqatil: “When the verse (Women who are divorced shall wait, keeping themselves apart…), Kallad ibn al-Nu‘man ibn Qays al-Ansari said: ‘O Messenger of Allah, '''what is the waiting period of the woman who does not menstruate and the woman who has not menstruated yet?''' And what is the waiting period of the pregnant woman?’ '''And so Allah, exalted is He, revealed this verse”.''' Abu Ishaq al-Muqri’ informed us> Muhammad ibn ‘Abd Allah ibn Hamdun> Makki ibn ‘Abdan> Abu’l-Azhar> Asbat ibn Muhammad> Mutarrif> Abu ‘Uthman ‘Amr ibn Salim who said: “When the waiting period for divorced and widowed women was mentioned in Surah al-Baqarah, Ubayy ibn Ka‘b said: ‘O Messenger of Allah, some women of Medina are saying: there are other women who have not been mentioned!’ He asked him: ‘And who are they?’ He said: '''Those who are too young [such that they have not started menstruating yet]''', those who are too old [whose menstruation has stopped] and those who are pregnant’. And so this verse (And for such of your women as despair of menstruation…) was revealed”.}}<br />
<br />
===Al-Tabari===<br />
<br />
{{Quote|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.'''}}<br />
<br />
===Al-Zamakhshari===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=2&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Al-Zamakhshari, Al-Kashshaaf|2= {{right|<br />
روي أن ناساً قالوا: قد عرفنا عدة ذوات الأقراء، فما عدة اللائي لا يحضن؛ فنزلت: فمعنى إِنِ ٱرْتَبْتُمْ }: إن أشكل عليكم حكمهن وجهلتم كيف يعتددن فهذا حكمهنّ، وقيل: إن ارتبتم في ذم البالغات مبلغ اليأس وقد قدروه بستين سنة وبخمس وخمسين، أهو دم حيض أو استحاضة؟ { فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ } وإذا كانت هذه عدة المرتاب بها، فغير المرتاب بها أولى بذلك '''{ وَٱلَّٰۤئى لَمْ يَحِضْنَ }''' هن الصغائر''' }}<br />
<br />
It is said that people said: we have known the period of the literate people, what is the waiting period of those who do not menstruate; it was revealed its meaning that "if you doubted", ie if the correct judgement is not clear and you do not know how to reckon their 'iddah this is to be the correct judgement. And it is asked if you doubted the women who have despaired of further menstruation, and they see more blood, is it menstruation or spotting? (Quoting the Qur'an)"Their waiting period is 3 months." And if this number the one which is accounted for here, for those cases which are not account for (quoting the Qur'an) "and for those how have not menstruated yet" these are the small female children. }}<br />
<br />
The bold text means “Those who have not menstruated” are young girls.<br />
<br />
===Tabrasi===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=3&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=7&Size=1&LanguageId=1 Qur'an 65:4]<BR>Tabrasi|2= {{right|{واللآئي لم يحضن}<br />
<br />
تقديره واللآئي لم يحضن إن ارتبتم فعدتهن أيضاً ثلاثة أشهر وحذف دلالة الكلام الأول عليه وهن اللواتي '''لم يبلغن''' المحيض ومثلهن تحيض على ما مرَّ بيانه.}}<br />
<br />
"And those who have not yet menstruated" ie for those who have not yet menstruated, if you doubted, their waiting period is three months, negating the reference to the previous verse, these are those women who have not yet reached the age of menstruation and those like them who's menstruation escapes observation. }}<br />
<br />
The bold text translates as “They are those who haven’t reached the age of menstruation”. Tabrasi comments on the phrase “Wallaee Lam yahidhna” = “Those who have not menstruated yet” in the verse.<br />
<br />
===Al-Shawkani===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=9&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=3&Size=1&LanguageId=1 Qur'an 65:4]<BR>Al-Shoukani, Fath al-Qadir|2= {{right|<br />
{ فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ '''وَٱللاَّئِى لَمْ يَحِضْنَ } لصغرهن، وعدم بلوغهن سن المحيض،''' أي: فعدتهن ثلاثة أشهر }}<br />
<br />
Due to their youth, and their lack of reaching adult age, (quoting the Qur'an) "their waiting period is 3 month" and "those who have not menstruated yet"). IE the waiting period of these ones is 3 months. }}<br />
<br />
The bold part translated as: “Those who have not menstruated yet” are young girls who have not reached the age of menstruation.<br />
<br />
===Abu-Hayyan===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=19&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Abu-Hayyan|2= {{right|{واللائي لم يحضن }<br />
<br />
<br />
،فالعدة هذه، فتلخص في قوله: { إن ارتبتم } قولان: أحدهما، أنه على ظاهر مفهوم اللغة فيه، وهو حصول الشك؛ والآخر، أن معناه التيقن للإياس؛ والقول الأول معناه: إن ارتبتم في دمها، أهو دم حيض أو دم علة؟ أو إن ارتبتم في علوق بحمل أم لا؛ أو إن ارتبتم: أي جهلتم عدتهن، أقوال. والظاهر أن قوله: واللائي '''لم يحضن''' } يشمل من لم يحض لصغر، }}<br />
<br />
As for the waiting period, it is summed up in its saying (quoting the Qur'an) "if you doubted", with two meanings: one of them, which appears exceedingly understandable, 'this is in the case of doubt'; and the other, whose meaning is certainly "have reached to the point of despair." The meaning of the first: if you doubted her blood, is it menstrual blood or caused by an illness or health irregularity? Or perhaps if you suspect a calamity (miscarriage) has happened or not? Or the verses which are for if you are not sure of their waiting period. And this much is clear: (quoting the Qur'an) 'as for those who have not yet menstruated.' This includes those who have not menstruated due to their young age. }}<br />
<br />
The bold: “Those who have not menstruated yet” denotes those not menstruated because of being young.<br />
<br />
==Evidence from the Hadith==<br />
<br />
From Imam Bukhari in his book of Tafsir and hadith collections:<br />
<br />
{{Quote|[http://bewley.virtualave.net/bukhari33.html Sahih Al-Bukhari, Chapter 68: Book of Tafsir]|'''CCCLXXXIV: The Tafsir of Surat at-Talaq'''<BR><BR>Mujahid said that "if you have any doubt" (65:4) means if you do not know whether she menstruates or not. Those who do not longer menstruate and '''those who have not yet menstruated, their 'idda is three months'''.}}<br />
<br />
{{Quote|{{cite web quotebox|url= http://archive.org/download/SahihAl-bukhari9Vol.Set/SahihAl-bukhariVol.7-Ahadith5063-5969.pdf|title= The Translation of the Meanings of Sahih Al-Bukhari|publisher= Dar-us-Salam Publications|isbn= 9960-717-38-0|author= Al-Bukhari (au.), Muhammad M. Khan (tr.)|date= June 1, 1997|series=vol. 7, book 67, ch. 39|page= 57|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Farchive.org%2Fdownload%2FSahihAl-bukhari9Vol.Set%2FSahihAl-bukhariVol.7-Ahadith5063-5969.pdf&date=2013-08-13|deadurl=no}}|'''(39) CHAPTER. Giving one's young children in marriage (is permissible).''' <br />
<br />
By virtue of the Statement of Allah : "...and for those who have no (monthly) <br />
courses (i.e. they are still immature).. (V.65:4) And the 'Idda for the girl before puberty is <br />
three months (in the above Verse). <br />
<br />
'''5133.''' Narrated 'Aishah; that the Prophet wrote the marriage contract with 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).}}<br />
<br />
From Sahih Muslim:<br />
<br />
{{Quote|Capter heading for {{Muslim|8|3309}} to {{Muslim|8|3311}}|Chapter 10: It is permissible for the father to give the hand of his daughter in marriage '''even when she is not fully grown''' up.}}<br />
<br />
The following Muwatta hadith shows it's permissible to marry girls who have not reached puberty:<br />
<br />
{{quote|{{Muwatta|29|33|108|}}|<br />
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."<br />
<br />
'''Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies." '''<br />
<br />
Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.''<br />
<br />
Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."}}<br />
<br />
The following is from Fath al-Bari, the most authoritative commentary on Sahih Al-Bukhari:<br />
<br />
{{Quote|1=|2= {{right|<br />
واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ ) أي فدل على أن نكاحها قبل البلوغ جائز <br />
}}<br />
<br />
"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."<ref>[http://hadith.al-islam.com/display/Display.asp?Doc=0&Rec=7644 Al-Islam (Arabic text)]</ref><ref>[http://www.islamweb.net/newlibrary/display_book.php?idfrom=9381&idto=9382&bk_no=52&ID=2847 IslamWeb (Arabic text)]</ref>}}<br />
<br />
==Recent Fatwas==<br />
<br />
IslamOnline.net is one of the most popular Islamic fatwa sites on the internet. The following excerpt is taken from a December 2010 fatwa.<br />
<br />
{{Quote|1=[http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamonline.net%2Far%2FIOLCounsel_C%2F1278406761316%2F1278406720653%2F%D9%87%D9%84-%D9%8A%D8%AC%D9%88%D8%B2-%D8%AA%D8%AD%D8%AF%D9%8A%D8%AF-%D8%B3%D9%86-%D8%B2%D9%88%D8%A7%D8%AC-%D9%84%D9%84%D9%81%D8%AA%D9%8A%D8%A7%D8%AA%D8%9F-&date=2011-02-03 Is it permissible to restrict the age at which girls can marry?]<BR>Submitted by Ahmad, IslamOnline, December 24, 2010|2=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.}}<br />
<br />
{{Quote|1=[http://www.webcitation.org/61C5nBLpe <!-- original URL http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=88089 -->Child marriage in Islam]<BR>Islamweb, Fatwa No. 88089, June 24, 2004|2='''Getting married at an early age is something that is confirmed by the book of Allah''', the Sunnah of his Prophet (Sallallahu Alaihi wa Sallam), the consensus of the scholars and the actions of the companions, and the Muslims who came after them. <br />
<br />
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. <br />
<br />
The evidence from the Qur'an is: <br />
<br />
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)<br />
<br />
So, '''Allah set rulings of marriage, divorce and waiting period for the women who have not yet had menses, i.e. the young girls'''.<br />
<br />
The Iddah (waiting period) does not take place except after marriage.}}<br />
<br />
==Modern Views and Perspectives on the Meaning of Qur'an 65:4==<br />
<br />
===The Qur'an prohibits marriage to pre-pubescent females===<br />
<br />
Some Modern [[dawah|du'aah]] who decry the traditional sources as endorsing pedophilia often take issue with the interpretation of the wording of Qur'an 65:4 in these source. They see the verse as limited to women of current-day adulthood and not pre-pubescent women (again taking as a starting point modern modes of understanding "adulthood" for women.<ref>{{Cite web| title = Does verse 65:4 encourage child marriage?| author = Abu Amina Elias AKA Justin Parrott| work = Faith in Allah الإيمان بالله "Any practice that causes harm to children is unlawful in Islam."| date = | access-date = 6 January 2022| url = https://www.abuaminaelias.com/verse-65-4-child-marriage/| quote = }}</ref>. Qur'an 4:6 is often leveraged as part of this argument:<br />
<br />
{{quote|{{Qtt|4|6}}|<br />
{{right|وابتلوا اليتامى حتى اذا بلغوا النكاح فان انستم منهم رشدا فادفعوا اليهم اموالهم ولاتاكلوها اسرافا وبدارا ان يكبروا ومن كان غنيا فليستعفف ومن كان فقيرا فلياكل بالمعروف فاذا دفعتم اليهم اموالهم فاشهدوا عليهم وكفى بالله حسيبا<br />
}}<br />
<br />
'''Transliteration:''' Waibtaloo alyatama hatta itha balaghoo aln'''nikaha''' fa-in anastum minhum rushdan faidfaAAoo ilayhim amwalahum wala ta/kulooha israfan wabidaran an yakbaroo waman kana ghaniyyan falyastaAAfif waman kana faqeeran falya/kul bialmaAAroofi fa-itha dafaAAtum ilayhim amwalahum faashhidoo AAalayhim wakafa biAllahi haseeban<br />
<br />
'''Yusuf Ali:''' Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is Allah in taking account. <br />
<br />
'''Pickthal:''' Prove orphans till they reach the marriageable age; then, if ye find them of sound judgment, deliver over unto them their fortune; and devour it not by squandering and in haste lest they should grow up Whoso (of the guardians) is rich, let him abstain generously (from taking of the property of orphans); and whoso is poor let him take thereof in reason (for his guardianship). And when ye deliver up their fortune unto orphans, have (the transaction) witnessed in their presence. Allah sufficeth as a Reckoner.<br />
<br />
'''Shakir:''' And test the orphans until they attain puberty; then if you find in them maturity of intellect, make over to them their property, and do not consume it extravagantly and hastily, lest they attain to full age; and whoever is rich, let him abstain altogether, and whoever is poor, let him eat reasonably; then when you make over to them their property, call witnesses in their presence; and Allah is enough as a Reckoner.}}<br />
<br />
The word [[Nikah]] can have multiple understandings:<br />
<br />
#According to the Islamic Shar'iah, "Nikah" is a technical term, whose Shar'i (Islamic legal) meaning is "the consumation of a marriage through vaginal intercourse" and in many Islamic languages and cultures, such as Urdu speaking Muslims in South Asia, this by extension merely means "(Islamic) marriage." In Arabic, though , ''Zuwaaj'' زواج<ref>[http://www.studyquran.co.uk/28_ZAY.htm Lane's Lexicon - Zay-Waw-Jiim]</ref> is the specific word for just "marriage" (although the contract of marriage which both parties sign is called "'aqd an-nikaah" عقد النكاح), but the Qur'an uses both words in reference to marrying women; Nikaah for human females and Zuwaaj for the Houris.<br />
#The underlying, literal meaning of "Nikaah" in Arabic language is vaginal, "[[Nikah (Sexual Consummation of Marriage)|Sexual Intercourse]]"<br />
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Few Modern du'aah use this word "Nikaah" in this verse to mean "marriage" (i.e. till they (the orphans) reach the age of marriage). Their argument is that this verse links the age of "Nikaah" with "becoming sound in Judgement to take care of the property", and thus a child's Nikaah is impossible while a child does not have the sound judgement to take care of his/her property. <br />
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But contrary to these modern Islamic advocates, the traditional view of Muslim 'ulamaa' of the last 1400 years was that word "Nikaah" had been used in it's literal meaning here (i.e. reaching the age where they are able to do the sexual intercourse). And their arguments are as follows:<br />
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Firstly, this verse is talking about the "male orphans" and not about the "female orphans". It becomes evident from the Arabic word بَلَغُوا (balaghū) in this verse, and the Arabic grammar used in it is (3rd person '''masculine''' plural perfect verb). This Arabic grammar could be seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=4&verse=6 Corpus Quran Website]. <br />
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Thus the exact translation of this verse becomes: "''And test the ('''male''') orphans until they reach the age of (doing) the '''sexual intercourse (i.e. Nikah)'''. Then if you perceive in them sound judgement, release their property to them ...''."<br />
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Secondly, it becomes even more evident from another verse of Quran 17:34:<br />
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{{Quote|{{Quran|17|34}}|وَلَا تَقْرَبُوا۟ مَالَ ٱلْيَتِيمِ إِلَّا بِٱلَّتِى هِىَ أَحْسَنُ حَتَّىٰ يَبْلُغَ '''أَشُدَّهُۥ''' ۚ </br><br />
Come not nigh to the orphan's property except to improve it, until he attains the age of '''full strength'''}}<br />
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The word أَشُدَّهُ (full strength) in this verse means the age when a young boy starts feeling the desire/strength of doing sexual intercourse. <br />
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And the Arabic grammar in the word يَبْلُغَ in this verse is '''"3rd person masculine singular imperfect verb"''', which again points out that this verse is talking about the "male orphans" only. This Arabic grammar could be again seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=17&verse=34 Corpus Quran Website].<br />
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It should be noted that:<br />
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*As far as Shari'i 'aqd an-Nikaah (marriage) is concerned, then there is no condition present in it of reaching the أَشُدَّهُ (i.e. Strength to do the intercourse).<br />
*And the proof is that Muhammad himself did the Shari'i Nikah with 'Aisha, when she was only 6 years old.<br />
*And no one tests a 6 years old child for handing over his/her property to him/her, as 6 years old child has neither أَشُدَّهُ (Strength/Desire) nor he/she has any kind of "sound judgement" to look after his/her property.<br />
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Thus, the Shar'i Nikah has nothing to do with the أَشُدَّهُ (strength), as Muhammad did this Shar'i Nikah with 6 years 'Aisha. <br />
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Actually, even at the age of 9, when 'Aisha finally came to the house of Muhammad for the consummation of marriage, still she was not mentally sound enough to look after any property or business. It is evident from the following hadith:<br />
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{{Quote|{{Bukhari|||6130|darussalam}}|Narrated `Aisha:<br />
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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 (ﷺ) used to enter (my dwelling place) they used to hide themselves, but the Prophet would call them to join and play with me.}}<br />
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According to Islamic Sharia:<br />
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*When a girl reaches puberty, then she herself gets the right to give her consent for the marriage, or to deny the marriage.<br />
*But if she is a minor or prepubescent girl, then her father/guardian could wed her to anyone even without her consent<ref>[https://islamqa.info/en/answers/12708/is-it-acceptable-to-marry-a-girl-who-has-not-yet-started-her-menses The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. Fatwa Website Islam Q&A.] </ref>.<br />
*And if she is a prepubescent and also an orphan, then her guardian has the right to wed her with himself (even without her consent), in order to get her property and the wealth.<br />
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It is evident from the following hadith: <br />
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{{Quote|{{Bukhari|||5064|darussalam}}|Narrated 'Urwa:<br />
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that he asked `Aisha about the Statement of Allah: '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) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! '''(This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr''', and they are ordered to marry other women instead of them."}}<br />
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And it is also evident from the following Quranic Verse: <br />
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{{Quote|{{Quran|4|127}}|You also read them (the guardians) in the Book concerning orphaned women (in your charge) '''to whom you deny their ordained rights and yet wish to take them in marriage''', as well as in respect of helpless children, that you should be just in the matter of orphans." The good you do is known to God.}}<br />
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Thus a prepubescent girl is practically at the mercy of her guardian, and he could marry her to himself, even without her consent, and even for very little Mahr price. <br />
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The Tafsir's agree with this understanding of 4:6:<br />
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{{quote|1=[http://tafsir.com/default.asp?sid=4&tid=10463 Giving Back the Property of the Orphans When They Reach Adulthood (Qur'an 4:6)]<BR>Tafsir Ibn Kathir|2=<br />
'''Giving Back the Property of the Orphans When They Reach Adulthood'''<br />
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Allah said,<br />
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[وَابْتَلُواْ الْيَتَـمَى]<br />
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(And test orphans) meaning, test their intelligence, as Ibn `Abbas, Mujahid, Al-Hasan, As-Suddi and Muqatil bin Hayyan stated.<br />
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[حَتَّى إِذَا بَلَغُواْ النِّكَاحَ]<br />
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(until they reach the age of marriage), the age of puberty, according to Mujahid. The age of puberty according to the majority of scholars comes when the child has a wet dream. In his Sunan, Abu Dawud recorded that `Ali said, "I memorized these words from the Messenger of Allah ,<br />
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«لَا يُتْمَ بَعْدَ احْتِلَامٍ، وَلَا صُمَاتَ يَوْمٍ إِلَى اللَّيْل»<br />
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(There is no orphan after the age of puberty nor vowing to be silent throughout the day to the night.) In another Hadith, `A'ishah and other Companions said that the Prophet said,<br />
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«رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ، عَنِ الصَّبِيِّ حَتَّى يَحْتَلِمَ، وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ، وَعَنِ الْمَجْنُونِ حَتَّى يُفِيق»<br />
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s(The pen does not record the deeds of three persons: the child until the age of puberty, the sleeping person until waking up, and the senile until sane.) Or, the age of fifteen is considered the age of adolescence. In the Two Sahihs, it is recorded that Ibn `Umar said, "I was presented in front of the Prophet on the eve of the battle of Uhud, while I was fourteen years of age, and he did not allow me to take part in that battle. But I was presented in front of him on the eve of the battle of Al-Khandaq (The Trench) when I was fifteen years old, and he allowed me (to join that battle).'' `Umar bin `Abdul-`Aziz commented when this Hadith reached him, "This is the difference between a child and an adult.'' There is a difference of opinion over whether pubic hair is considered a sign of adulthood, and the correct opinion is that it is. The Sunnah supports this view, according to a Hadith collected by Imam Ahmad from `Atiyah Al-Qurazi who said, We were presented to the Prophet on the day of Qurizah, whoever had pubic hair was killed, whoever did not was left free to go, I was one of those who did not, so I was left free.'' The Four Sunan compilers also recorded similar to it. At-Tirmidhi said, "Hasan Sahih.'' Allah's statement,<br />
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[فَإِنْ ءَانَسْتُمْ مِّنْهُمْ رُشْداً فَادْفَعُواْ إِلَيْهِمْ أَمْوَلَهُمْ]<br />
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(if then you find sound judgment in them, release their property to them,) Sa`id bin Jubayr said that this portion of the Ayah means, when you find them to be good in the religion and wise with their money. Similar was reported from Ibn `Abbas, Al-Hasan Al-Basri and others among the Imams. The scholars of Fiqh stated that when the child becomes good in the religion and wise concerning with money, then the money that his caretaker was keeping for him should be surrendered to him.}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsir al-Jalalayn|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
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Try, test, well the orphans, before reaching maturity with regard [the duties of] religion and [before] they can [legally] manage their own affairs, until they reach the age of marrying, that is, until they have become eligible for it through puberty or [legal] age, which, according to al-Shāfi‘ī, is the completion of fifteen years; then, if you perceive in them maturity, that is, right [judgement] in matters of religion and their property, deliver their property to them; consume it not, O guardians, wastefully, without due merit, and in haste, that is, hastening to expend it, fearing, lest they should grow up, and become mature, at which time you will be obliged to hand it over to them. If any man, who is a guardian, is rich, let him be abstinent, that is, let him abstain from the orphan’s property and refrain from consuming it; if he is poor, let him consume, of it, honourably, that is, in line with the wage for his work. And when you deliver to them, the orphans, their property, take witnesses over them, that they have received it and that you are absolved [of the obligation], so that if any dispute occurs, you are able to refer to a clear proof: this is a command [intended] for guidance. God suffices as a reckoner, as a guardian of His creatures’ deeds and as a reckoner of these [deeds] (the bā’ [in bi’Llāhi] is extra).}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsîr Ibn Abbas|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
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(Prove orphans) test the intelligence of orphans (till they reach the marriageable age) the age of puberty; (then, if ye find them of) if you see that they possess (sound judgement) righteousness in Religion and a tendency to protect their wealth, (deliver over unto them their fortune) then give their wealth which is with you; (and devour it not squandering) it in transgression and unlawfully (and in haste) in haste lest the orphan grows older and consumes it little by little (lest they should grow up) for fear that they grow older and stop you from devouring their wealth. (Whoso (of the guardians) is rich) and needs not the orphan's wealth, (let him abstain generously) because of his richness from taking of the property of orphans, nor should he diminish anything from their wealth; (and whoso is poor) and needy (let him take thereof in reason (for his guardianship)) in measure, such that he is not in need for the wealth of orphans; it is also said that this means: he should take from the wealth of orphans in proportion with the measure of his work regarding this wealth; and it is also said that this means: he can take from the wealth of orphans as a loan to be paid back. (And when ye deliver up their fortune unto orphans) when they reach the legal age, (have (the transaction) witnessed in their presence) when you deliver it to them. (Allah sufficeth as a Reckoner) Allah suffices as a witness. This verse was revealed about Thabit Ibn Rifa'ah al-Ansari.}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Al-Wahidi, Asbab Al-Nuzul|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
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(Prove orphans…) [4:6]. This was revealed about Thabit ibn Rifa‘ah and his uncle. Rifa‘ah died when his son Thabit was very young. The uncle of Thabit went to the Messenger of Allah, Allah bless him and give him peace, and said: “The son of my brother is an orphan under my care, what is lawful for me from his wealth? And when should I give him back his wealth?” And so Allah, exalted is He, revealed this verse.}}<br />
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===The Arabic word “Nisaa'” does not refer to young females===<br />
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Some defenders of the Qur'an, speaking in English, claim that the Qur'an only uses the word ''Nisaa''' to refer to mature, adult women, therefore 65:4 cannot be talking about pre-pubescent females.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = Kaleef K. Karim| work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = that the Arabic word ‘Nisa’ could also refer to ‘female children’. Let us take a look in Arabic-English dictionaries. The Arabic word ‘Nisa’ has been used 59 times in the Quran. Not once has the word ‘Nisa’ been used for a ‘child(ren)’, it has always referred to mature adult women. Dr. Rohi Baalbaki, says in Al-Mawrid: A modern Arabic-English Dictionary:}}</ref> This linguistic argument does not hold water, even just on the basis of the Qur'an itself as a text. The word merely means "women/females" and can refer to mixed groups of women of various ages, as the English "female" or "women." Here are some verses that use the word ''"nisaa'"'':<br />
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{{Quote|{{Quran|2|49}}|وَإِذْ نَجَّيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ يُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith najjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' And remember, We delivered you from the people of Pharaoh: They set you hard tasks and punishments, slaughtered your sons and let your women-folk live; therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|7|127}}|وَقَالَ ٱلْمَلَأُ مِن قَوْمِ فِرْعَوْنَ أَتَذَرُ مُوسَىٰ وَقَوْمَهُۥ لِيُفْسِدُوا۟ فِى ٱلْأَرْضِ وَيَذَرَكَ وَءَالِهَتَكَ ۚ قَالَ سَنُقَتِّلُ أَبْنَآءَهُمْ وَنَسْتَحْىِۦ نِسَآءَهُمْ وَإِنَّا فَوْقَهُمْ قَٰهِرُونَ<br />
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'''Transliteration:''' ''Waqala almalao min qawmi firawna atatharu moosa waqawmahu liyufsidoo fee alardi wayatharaka waalihataka qala sanuqattilu abnaahum wanastahyee '''Nisa'''ahum wainna fawqahum qahiroona'' <BR><BR><br />
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'''Yusuf Ali:''' Said the chiefs of Pharaoh’s people: “Wilt thou leave Moses and his people, to spread mischief in the land, and to abandon thee and thy gods?” He said: “Their male children will we slay; (only) their females will we save alive; and we have over them (power) irresistible."}}<br />
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{{Quote|{{Quran|7|141}}|وَإِذْ أَنجَيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ ۖ يُقَتِّلُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith anjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuqattiloona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' And remember we rescued you from Pharaoh’s people, who afflicted you with the worst of penalties, who slew your male children and saved alive your females: in that was a momentous trial from your Lord.}}<br />
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{{Quote|{{Quran|14|6}}|وَإِذْ قَالَ مُوسَىٰ لِقَوْمِهِ ٱذْكُرُوا۟ نِعْمَةَ ٱللَّهِ عَلَيْكُمْ إِذْ أَنجَىٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ وَيُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith qala moosa liqawmihi othkuroo niAAmata Allahi AAalaykum ith anjakum min ali firawna yasoomoonakum sooa alAAathabi wayuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' Remember! Moses said to his people: “Call to mind the favour of Allah to you when He delivered you from the people of Pharaoh: they set you hard tasks and punishments, slaughtered your sons, and let your females live: therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|40|25}}|فَلَمَّا جَآءَهُم بِٱلْحَقِّ مِنْ عِندِنَا قَالُوا۟ ٱقْتُلُوٓا۟ أَبْنَآءَ ٱلَّذِينَ ءَامَنُوا۟ مَعَهُۥ وَٱسْتَحْيُوا۟ نِسَآءَهُمْ ۚ وَمَا كَيْدُ ٱلْكَٰفِرِينَ إِلَّا فِى ضَلَٰلٍ<br />
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'''Transliteration:''' ''Falamma jaahum bialhaqqi min AAindina qaloo oqtuloo abnaa allatheena amanoo maAAahu waistahyoo '''Nisa'''ahum wama kaydu alkafireena illa fee dalalin''<BR><BR><br />
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'''Yusuf Ali:''' Now, when he came to them in Truth, from Us, they said, "Slay the sons of those who believe with him, and keep alive their females," but the plots of Unbelievers (end) in nothing but errors (and delusions)!...}}<br />
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In the above verses, the word ''"Nisaa'"'' is referring to female infants. The biblical original of this story, which the Qur'an relies upon and which commentary on the Qur'an confirms in this case, <br />
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{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:15-16;&version=49; Exodus 1:15-16]|2=<br />
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וַיֹּ֨אמֶר֙ מֶ֣לֶךְ מִצְרַ֔יִם לַֽמְיַלְּדֹ֖ת הָֽעִבְרִיֹּ֑ת אֲשֶׁ֨ר שֵׁ֤ם הָֽאַחַת֙ שִׁפְרָ֔ה וְשֵׁ֥ם הַשֵּׁנִ֖ית פּוּעָֽה:וַיֹּ֗אמֶר בְּיַלֶּדְכֶן֙ אֶת־הָ֣עִבְרִיּ֔וֹת וּרְאִיתֶ֖ן עַל־הָֽאָבְנָ֑יִם אִם־בֵּ֥ן הוּא֙ וַֽהֲמִתֶּ֣ן אֹת֔וֹ וְאִם־בַּ֥ת הִ֖וא וָחָֽיָה:<br />
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''"And the king of Egypt spoke to the Hebrew midwives, of whom the name of the one was Shiphrah, and the name of the other Puah; and he said: ‘When ye do the office of a midwife to the Hebrew women, ye shall look upon the birthstool: if it be a son, then ye shall kill him; but if it be a daughter, then she shall live.’''}}<br />
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{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:22;&version=49; Exodus 1:22]|2=<br />
כבוַיְצַ֣ו פַּרְעֹ֔ה לְכָל־עַמּ֖וֹ לֵאמֹ֑ר כָּל־הַבֵּ֣ן הַיִּלּ֗וֹד הַיְאֹ֨רָה֙ תַּשְׁלִיכֻ֔הוּ וְכָל־הַבַּ֖ת תְּחַיּֽוּן:<br />
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''And Pharaoh charged all his people, saying: ‘Every son that is born ye shall cast into the river, and every daughter ye shall save alive.''}}<br />
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Moreover the Quran itself clarifies “Who the ''Nisa'' are”. <br />
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{{Quote|{{Quran|4|127}}|{{right|<br />
ويستفتونك في النساء قل الله يفتيكم فيهن ومايتلى عليكم في الكتاب في يتامى النساء اللاتي لاتؤتونهن ماكتب لهن وترغبون ان تنكحوهن والمستضعفين من الولدان وان تقوموا لليتامى بالقسط وماتفعلوا من خير فان الله كان به عليما }}<br />
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'''Transliteration:''' ''Wayastaftoonaka fee alnnisa-i quli Allahu yufteekum feehinna wama yutla AAalaykum fee alkitabi fee yatama alnnisa-i allatee la tu/toonahunna ma kutiba lahunna watarghaboona an tankihoohunna waalmustadAAafeena mina alwildani waan taqoomoo lilyatama bialqisti wama tafAAaloo min khayrin fa-inna Allaha kana bihi AAaleeman'' <br />
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'''Literal:''' And they ask for your opinion/clarification about the women, say: "God decreed/clarifies in them (F), and what is read/recited on you in The Book in the women orphans/minors that lose their father, those who (F) you did not give them (F) what was written/dictated to them (F), and you desire that you marry them (F), and the weakened from the children/newborns, and that you take care of to the orphans/minors that lose their father with the just/equitable; and what you make/do from goodness, so that God was/is with it knowledgeable."<ref>[{{Reference archive|1=http://iknowledge.islamicnature.com/quran/surah/4/lang/englishliteral/|2=2011-11-27}} 4. An-Nisa - Women (سورة النساء) - Revealed in Madinah (English: Literal)] - IslamicNature, accessed November 27, 2011</ref>}}<br />
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Here Muhammad is asked who the "Nisaa'" were, and the response delineates who they are:<br />
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#Orphans<br />
#Female wards<br />
#Those you desire to marry<br />
#The weakened from the children or new born.<br />
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===65.4 talks only of the 'Iddah and not of sexual activity===<br />
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One point of focus for modern commentators, seeking to defend the Qur'an from the charge of endorsing pedophilia, is that 65:4 does not explicitly discuss consummation or other sexual activity in regards to any of the females discussed in the verse; it merely sets the prescribed 'Iddah required for each.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = | work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = }}</ref>The 'iddah (prescribed waiting period) for females is required after a divorce or widowing, so that a child's father can be correctly identified. In addition to multiple tafsir and hadith traditions on 65:4, this is also established in Qur'an 33:49: <br />
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{{Quote|{{Quran|33|49}}|<br />
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَٰتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا<br />
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O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
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The tafsirs further expound on the meaning of the 'iddah according to this verse:<br />
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{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=1841&Itemid=89#1 A Gift and no (Iddah) for Women Who are divorced before Consummation of the Marriage (Qur'an 33:49)]<BR>Tafsir Ibn Kathir|2= {{right|<br />
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)}}<br />
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49. O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no `Iddah have you to count in respect of them. So, give them a present, and set them free in a handsome manner.)<br />
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This Ayah contains many rulings, including the use of the word Nikah for the marriage contract alone. There is no other Ayah in the Qur'an that is clearer than this on this point. It also indicates that it is permissible to divorce a woman before consummating the marriage with her.<br />
{{right|<br />
(الْمُؤْمِنَـتِ)<br />
}}<br />
(believing women)<br />
This refers to what is usually the case, although there is no difference between a believing (Muslim) woman and a woman of the People of the Book in this regard, according to scholarly consensus. Ibn `Abbas, may Allah be pleased with him, Sa`id bin Al-Musayyib, Al-Hasan Al-Basri, `Ali bin Al-Husayn Zayn-ul-`Abidin and a group of the Salaf took this Ayah as evidence that divorce cannot occur unless it has been preceded by marriage, because Allah says,<br />
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(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
}}<br />
(When you marry believing women, and then divorce them) <br />
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The marriage contract here is followed by divorce, which indicates that the divorce cannot be valid if it comes first. Ibn Abi Hatim recorded that Ibn `Abbas, may Allah be pleased with him, said, "If someone were to say, `every woman I marry will ipso facto be divorced,' this does not mean anything, because Allah says:<br />
{{right|<br />
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
}}<br />
(O you who believe! When you marry believing women, and then divorce them....).'' It was also reported that Ibn `Abbas, may Allah be pleased with him, said: "Allah said,<br />
{{right|<br />
(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
}}<br />
(When you marry believing women, and then divorce them.) Do you not see that divorce comes after marriage'' A Hadith to the same effect was recorded from `Amr bin Shu`ayb from his father from his grandfather, who said: "The Messenger of Allah said:<br />
{{right|<br />
«لَا طَلَاقَ لِابْنِ آدَمَ فِيمَا لَا يَمْلِك»<br />
}}<br />
(There is no divorce for the son of Adam with regard to that which he does not possess.) This was recorded by Ahmad, Abu Dawud, At-Tirmidhi and Ibn Majah. At-Tirmidhi said, "This is a Hasan Hadith, and it is the best thing that has been narrated on this matter.'' It was also recorded by Ibn Majah from `Ali and Al-Miswar bin Makhramah, may Allah be pleased with them, that the Messenger of Allah said:<br />
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«لَا طَلَاقَ قَبْلَ نِكَاح»<br />
}}<br />
(There is no divorce before marriage.)<br />
{{right|<br />
(فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا)<br />
}}<br />
(no `Iddah have you to count in respect of them.) This is a command on which the scholars are agreed, that if a woman is divorced before the marriage is consummated, she does not have to observe the `Iddah (prescribed period for divorce) and she may go and get married immediately to whomever she wishes. The only exception in this regard is a woman whose husband died, in which case she has to observe an `Iddah of four months and ten days even if the marriage was not consummated. This is also according to the consensus of the scholars.<br />
{{right|<br />
(فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
(So, give them a present, and set them free in a handsome manner.) The present here refers to something more general than half of the named dowery or a special gift that has not been named. Allah says:<br />
{{right|<br />
(وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ)<br />
}}<br />
(And if you divorce them before you have touched (had a sexual relation with) them, and you have fixed unto them their due (dowery) then pay half of that) (2:237). And Allah says:<br />
{{right|<br />
(لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ)<br />
}}<br />
(There is no sin on you, if you divorce women while yet you have not touched them, nor fixed unto them their due (dowery). But bestow on them gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.) (2:236) pIn Sahih Al-Bukhari, it was recorded that Sahl bin Sa`d and Abu Usayd, may Allah be pleased with them both, said, "The Messenger of Allah married Umaymah bint Sharahil, and when she entered upon him he reached out his hand towards her, and it was as if she did not like that, so he told Abu Usayd to give her two garments.'' `Ali bin Abi Talhah reported that Ibn `Abbas, may Allah be pleased with him, said "If the dowery had been named, she would not be entitled to more than half, but if the dowery is not been named, he should give her a gift according to his means, and this is the "handsome manner.''}}<br />
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{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir al-Jalalayn|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
O you who believe if you marry believing women and then divorce them before you have touched them (read tamassūhunna or tumāsūhunna) that is, before you have copulated with them, there shall be no [waiting] period for you to reckon against them, [no] waiting period [needed to preclude pregnancy] or otherwise. But provide for them, give them what they can use for [securing] comforts, in cases where no dowry has been fixed for them; otherwise theirs is to retain half of what was fixed, but no more — this is what Ibn ‘Abbās said and it is [the opinion] followed by al-Shāfi‘ī’; and release them in a gracious manner, leave them be without [the intention to cause them any] harm.}}<br />
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{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir 'Ibn Abbas|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
(O ye who believe! If ye wed believing women) without naming the amount of their dowry (and divorce them before ye have touched them) before you had sexual intercourse with them, (then there is no period that ye should reckon) by counting the months or the periods of menstruation. (But content them) as is due by divorce by giving them at least a scarf or shawl (and release them handsomely) divorce them without any harm done to them.}}<br />
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This verse effectively removes the apologist's objection to Qur'an 65.4 as we see clearly that if a man has not consummated his marriage with his wife then she does not need to observe an 'iddah. If Qur'an 65.4 specifies that pre-pubescent females must observe a 3 month 'iddah then clearly sexual intercourse is halal to Allah.<br />
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===This verse is only talking about adult women who don't know if they are pregnant===<br />
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The very reason 65:4 was revealed in the first place, was as a clarification to an existing revelation by Allah. Allah had already revealed that women must wait 3 menstrual periods before they can end the 'iddat and be free to marry again. This is in Qur'an 2:228:<br />
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{{quote|{{Quran|2|228}}|'''And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs''', if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and Allah is Mighty, Wise. }}<br />
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However, after this, Muslim men went to Muhammad to ask about those who did not presently have their menses - how do they measure the 'iddat in those cases? It is in this circumstance that Allah sent down the clarification (65:4) for the three groups of women that did not have menstruation, therefore they could not wait the '3 menstrual cycles' as mandated by Qur'an 2:228.<br />
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Those Muslims who make this claim are ignoring what all of their own scholars have said about 65:4; that it is referring to the peri-menopausal and post menopausal women, the pre-pubescent girls and the pregnant women. The women who are currently menstruating are told in Qur'an 2:228 that they must wait 3 menstrual cycles, therefore this apologetic is also debunked.<br />
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===This verse is applied to unconsummated widows===<br />
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Another claim is that Qur'an 65:4 doesn't necessarily mean that Muslim men can have sex with pre-pubescent females because there may be cases where a man has married a pre-pubescent female, but while waiting for her to attain menstruation before consummating the marriage, he died. The 'iddah could be referring to a situation such as this. This claim is invalid because the Qur'an specifies the 'iddah for ''all'' widows to be 4 months and 10 days; in Qur'an 2:234:<br />
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{{Quote|{{Quran|2|234}}|And (as for) those of you who die and leave wives behind, they should keep themselves in waiting for four months and ten days; then when they have fully attained their term, there is no blame on you for what they do for themselves in a lawful manner; and Allah is aware of what you do.}}<br />
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Snce the 'Iddah specified in Qur'an 65.4 is for a different amount of time, this situation would not seem to be the subject of 65:4. <br />
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==See Also==<br />
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*[[Child Marriage in the Muslim World]]<br />
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{{Translation-links-english|[[Pedophilie_dans_le_Coran|French]]}}<br />
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==External Links==<br />
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*[http://www.answering-islam.org/Quran/Versions/065.004.html Marriage to Minors: Surah At-Talaq (65:4)] - ''Answering Islam''<br />
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==References==<br />
{{Reflist|30em}}<br />
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[[Category:Qur'an]]<br />
[[Category:Shariah (Islamic Law)]]<br />
[[Category:Child Marriage]]<br />
[[Category:Human rights]]<br />
[[Category:Marriage]]<br />
[[Category:Women]]<br />
[[Category:Criticism of Islam]]<br />
[[Category:Apologetics]]<br />
[[Category:Tafsir]]</div>IbnPinkerhttps://wikiislam.net/index.php?title=Child_Marriage_in_the_Qur%27an&diff=134322Child Marriage in the Qur'an2022-01-10T20:13:07Z<p>IbnPinker: /* Tabrasi */</p>
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<div>{{QualityScore|Lead=4|Structure=3|Content=3|Language=4|References=2}}<br />
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The subject of child marriage per se never arises in the Qur'an. Yet the Qur'an deals indirectly with the topic. The subject of the [['Iddah]] or "(waiting) period" of a woman is dealt with frequently in the Qu'ran. Summarized briefly, the Qur'an lays down strict rules (based largely on the women's menstruation cycles or lack thereof) for how long a woman must wait in between the end of one marriage and the beginning of another, and the purpose in the pre-modern, patriarchal societies in which the [[Shari'ah]] was codified was to ensure that a woman would not marry a new man while pregnant from her last husband and impute fathership of her baby to the wrong husband. Pursuant to these rules the Qur'an in verse 33:49 states that no [['Iddah]] is prescribed for a woman who has ''not'' had intimate contact with her husband, but goes on to stipulate an [['Iddah]] for pre-pubescent girls in verse 65:4, implying that pre-pubescent girls can be divorced, with the implication that it is possible to marry them. This has been interpreted in the orthodox Sunni Muslim tradition to mean that the[[Qur'an]] supports marrying and having sex with prepubescent girls. Despite the discomfort that this causes for modern readers, the conclusion (which is drawn explicitly in sahih hadith and tafsir traditions around this and related Qur'anic verse) seems to be that the Qur'an endorses sexual intercourse (as a part of Islamic marriage) with pre-pubescent girls. <br />
[[File:Women protesters.jpg|right|thumb|300px|March 23, 2010: Women protesters hold up copies of the Qur'an outside parliament in Sanaa while stating that a proposed law banning marriages under the age of 17 in Yemen is un-Islamic<ref>[http://www.irinnews.org/Report.aspx?ReportId=88589 YEMEN: Deep divisions over child brides] - IRIN, March 28, 2010</ref>]] <br />
==Introduction==<br />
<br />
The Qur'an has stipulated a waiting period which women must observe before they can remarry. This waiting period must be observed after they are divorced, or if their husbands have died. In the Qur'an, this is called '<nowiki/>''[[Iddah]]'' or '''Iddat'' (العدة). However, there is one exception to this requirement in Qur'an 33:49:<br />
<br />
{{Quote|{{Quran|33|49}}| {{right|<br />
ياايها الذين امنوا اذا نكحتم المؤمنات ثم طلقتموهن من قبل ان تمسوهن فمالكم عليهن من عدة تعتدونهافمتعوهن وسرحوهن سراحا جميلا<br />
}}<br />
'''Transliteration:''' ''Ya ayyuha allatheena amanoo itha nakahtumu almuminati thumma tallaqtumoohunna min qabli an tamassoohunna fama lakum AAalayhinna min AAiddatin taAAtaddoonaha famattiAAoohunna wasarrihoohunna sarahan jameelan''<br />
<br />
'''Sahih International:''' O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
<br />
From the verse above it is understood that 'Iddah (stipulated waiting period) is required if sexual contact has occurred within the marriage. If a woman is not touched by her husband, she should not have to observe any waiting period at all.<br />
<br />
After the mention of women who have not had their marriage consummated, the Qur'an goes further - discussing the women who need to observe the 'iddah, and the span of time required. We see in Qur'an 65.4: <br />
<br />
{{Quote|{{Quran|65|4}}|{{right|<br />
واللائي يئسن من المحيض من نسائكم ان ارتبتم فعدتهن ثلاثة اشهر واللائي لم يحضن واولات الاحمال اجلهن ان يضعن حملهن ومن يتق الله يجعل له من امره يسرا<br />
}} <br />
'''Transliteration:''' ''Waalla-ee ya-isna mina almaheedi min nisa-ikum ini irtabtum faAAiddatuhunna thalathatu ashhurin waalla-ee lam yahidna waolatu al-ahmali ajaluhunna an yadaAAna hamlahunna waman yattaqi Allaha yajAAal lahu min amrihi yusran''<br />
<br />
'''Sahih International:''' 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. And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease.}}<br />
<br />
Here the 'Iddah is prescribed to three categories of women:<br />
<br />
#First the phrase: “Yaisna min al-maheedhi” يئسن من المحيض which means “those women who are desperate of menses” is an indication to women who reached the stage of menstruation but do not menstruate and of those who reached menopause. Desperate of menses underlines that it concerns women who though reached the age, fail to menstruate too. Their 'Iddah period is three months.<br />
#Next comes, “Wallaee Lam yahidhna” واللائي لم يحضن which means “those who have not menstruated yet” This group of females are pre-pubescent girls who have not yet menstruated. Here the 'Iddah prescribed for them is equal to the previous group of women (ie. three months).<br />
#Lastly, the women who are pregnant - their prescribed 'iddah is until they have given birth.<br />
<br />
==Linguistic Analysis of Verse in Arabic==<br />
<br />
The Qur'an says in Arabic:<br />
<br />
{{Quote|1=[http://quran.al-islam.com/Tafseer/DispTafsser.asp?l=arb&taf=GALALEEN&nType=1&nSora=65&nAya=4 Quran 65:4]<BR>Tafsir from al-Islam.com<br />
|2= {{right|<br />
واللائي لم يحضن فعدتهن ثلاثة أشهر <br />
}}<br />
<br />
"and those who never had menses" (because they are underage)}} <br />
<br />
The transliteration of the verse and the meaning of each portion of the verse is given below:<br />
<br />
''واللائي لم يحضن" فعدتهن ثلاثة أشهر'' <br />
<br />
''Wa Al-Lā'ī Lam Yaĥiđna'' <br />
<br />
''wa'' ( <font size="4">وَ</font> ) = and<br />
<br />
''Al-Lā'ī'' ( <font size="4">وَاللَّائِي</font> ) = for those who<br />
<br />
''Lam'' ( <font size="4">لَمْ </font>) = did not (negation in past tense) <ref name="EB">Elabbas Benmamoun, Arabic morphology: The central role of the imperfective, Lingua 108 (1999) 175-201</ref> <br />
<br />
''Yaĥiđna'' ( <font size="4">يَحِضْنَ</font> ) = menstruate. <br />
<br />
''Yaĥiđna'' comes from the verbal root H-Y-D ( <font size="4">حيض</font> ) which means "to menstruate". <br />
<br />
The addition of prefix "Ya" and suffix "na" to the root "HYD" shows that the word is used in used in third person, feminine gender, plural, imperfective aspect, jussive mood.<ref>[[w:Arabic grammar|Arabic grammar]] - Wikipedia</ref><br />
<br />
The imperfective aspect, according to traditional understanding of classical Arabic grammar, by itself lacks any tense feature (as is true of other classical Semetic languages such as Hebrew). <ref name="EB" /> The tensed negatives like ''lam'' ( <font size="3">لَمْ </font> ) (negation in past tense), ''lan'' ( <font size="3">لن</font> ) (negation in future tense), ''laa'' ( لا) (negation in present tense) combined with imperfective (in different moods) decide the tense in the case of a negative sentence. <br />
<br />
Thus ''lam Yadrus لم يدرس'' = He did not study. The verb is in the imperfect tense, but the partical lam لم conveys a meaning of a simple, negated past. <br />
<br />
In the verse 65:4, '''''Lam Yaĥiđna'' لم يحضن= 'those who did not menstruate'.''' The meaning here is that the females being referred to have not, yet, menstruated, ie they are pre-pubescent. <br />
<br />
The imperfective verb in the with the negation particle ''lam'' ( <font size="3">لَمْ </font> ) (indicating a past-tense meaning) is in the [[w:Grammatical mood#Jussive|Jussive]] mood(يعني المضارع المجزوم). <ref name="EB" /> <br />
<br />
{{Quote||'''The mood is similar to the cohortative mood, in that it expresses plea, insistence, imploring, self-encouragement, wish, desire, intent, command, purpose or consequence.''' In some languages, the two are distinguished in that cohortative occurs in the first person and the jussive in the second or third. It is found in Arabic, where it is called the مجزوم, majzum. The rules governing the jussive in Arabic are somewhat complex. <ref>[[w:Grammatical mood#Jussive|Jussive]] - Wikipedia</ref>|}} <br />
<br />
Supporting these meanings, from Lane's lexicon, ''Lam'' ({{arabic|لم }}) means 'not':<br />
<br />
{{Quote|1=Lane's Lexicon for ''Lam''|2=Lam = ل<br />
<br />lam = Negative particle giving to the present the sense of the perfect; not.<ref>[http://www.studyquran.co.uk/13_LAM.htm Lam = ل] - StudyQuran</ref>}}<br />
<br />
From the Lexicon, Arabic word for Menstruate is 'Haid' ({{arabic|حيض}}):<br />
{{Quote|1= Lane's Lexicon for ''Haa''|2=Ha-Ya-Dad (Ha-Alif-Dad) = To have her courses, menstruate; Her blood flowed from her womb, to attain the age of menstruation, to make a thing flow.<br />
<br />
hada vb. (1) impf. act. 65:4<br />
<br />
mahid n.m. 2:222<br /><br />
Lane's Lexicon, Volume 2, page: 322, 323<ref>[http://www.studyquran.co.uk/9_HAA.htm ح = Ha] - StudyQuran</ref>}}<br />
<br />
It thus follows that 65:4 is describing the state of women have not yet menstruated, which would logically include children or girls before puberty or attainment of [[w:menarche|menarche]] (first period). This implication, as seen below, was also drawn by the majors [[tafsir|tafsirs]]. <br />
<br />
The exact translation of this portion of {{Quran|65|4}} is thus ''"Not menstruated yet"'' ( <font size="4">لَمْ يَحِضْنَ</font> ). In Arabic, the menstruation process is called HaiD( <font size="4">حيض</font> ), and the verb for "to menstruate" is yaHiD( <font size="4">يَحِض</font> ), with the noun likely being derivative of the verb (as with most but not all derivations in Arabic). The LAM ( <font size="4">لَمْ </font> )clearly shows that the verb refers to women who menstruated, and the na ( <font size="4">نَ</font> ) at the end of the verb drives home the point that this verb speaks of women. “Not menstruated yet” or some similar translation is the only acceptable English translation.<br />
<br />
This verse 65:4 is read by the tafsirs as a continuation of Qur'an 33:49. A question that naturally arises from these verses, and which was more or less answered by the mufassiruun, is 'if a woman who has not had sex should not have to observe any Iddah at all, as mentioned in 33:49, what is the reason for the prescribed 'Iddah for those women who have not yet menstruated?' The seems to be that marrying pre-pubescent girls and having sex with them is sanctioned by the Qur'an.<br />
<br />
The phrase found in Qur'an 65:4 as "wallaee lam yaHiDhna" واللائي لم يحضن is sometimes mistranslated by [[apologists]] by apologists to mask the fact that pre-pubescent girls are normally understood as the intended meaning here; the exact meaning of the phrase is clearly understood this way in the [[Tafsir]]<nowiki/>s.<br />
<br />
==Tafsirs of the Verse==<br />
<br />
The classical tafsirs are unanimous that this verse prescribes the 'iddah for a pre-pubscent woman. Although not spelled out explicitly in the verse itself, this meaning is clearly the one that was taken away by the orthodox Sunni muslim exegetical tradition. <br />
<br />
===Sayyid Abul Ala Maududi===<br />
<br />
{{quote |1=[http://www.islamicstudies.info/tafheem.php?sura=65 Commentary on Qur'an Chapter 65:4]<BR>Sayyid Abul Ala Maududi, Tafhim al-Qur'an|2= Here, one should bear in mind the fact that according to the explanations given in the Quran 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 Quran has held as permissible.}}<br />
<br />
Note here what Maududi mentions on giving pre-pubescent girls in marriage and consummating the marriage with them. The interpreter affirms it is permitted by the Qur'an and no Muslims can question or forbid it.<br />
<br />
===Shaykh Muhammad ibn ‘Uthaymeen===<br />
<br />
{{quote |Shaykh Muhammad ibn ‘Uthaymeen, Majmoo’at As’ilah tahumm al-Usrah al-Muslimah, p. 61-63|Surah al-Talaaq 65:4: <br />
If a woman does not menstruate, either because she is very young or old and past menopause, then her ‘iddah is three months, because Allaah says (interpretation of the meaning): “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.<ref>[http://www.islamqa.com/index.php?ln=eng&ds=qa&QR=12667 The ‘iddah of a woman divorced by talaaq] - Islam Q&A, Fatwa No. 12667</ref>}}<br />
<br />
The reason for bringing two more recent scholars is to show that ''nothing has changed'' in the Islamic tenets on marrying and having sex with pre-pubescent girls, even in this modern era.<br />
<br />
==='Ibn Kathir===<br />
<br />
{{quote |1=[http://www.tafsir.com/default.asp?sid=65&tid=54196 The `Iddah of Those in Menopause and Those Who do not have Menses (Qur'an 65:4)]<BR>Tafsir Ibn Kathir |2= 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 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.}}<br />
<br />
===Al-Jalalayn===<br />
<br />
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir al-Jalalayn|2= 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.}}<br />
<br />
===Ibn Abbas===<br />
<br />
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir Ibn Abbas|2= (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.}} <br />
<br />
===Al-Wahidi===<br />
<br />
{{quote |1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Al-Wahidi, Asbab al-nuzul|2= (And for such of your women as despair of menstruation…) [65:4]. Said Muqatil: “When the verse (Women who are divorced shall wait, keeping themselves apart…), Kallad ibn al-Nu‘man ibn Qays al-Ansari said: ‘O Messenger of Allah, '''what is the waiting period of the woman who does not menstruate and the woman who has not menstruated yet?''' And what is the waiting period of the pregnant woman?’ '''And so Allah, exalted is He, revealed this verse”.''' Abu Ishaq al-Muqri’ informed us> Muhammad ibn ‘Abd Allah ibn Hamdun> Makki ibn ‘Abdan> Abu’l-Azhar> Asbat ibn Muhammad> Mutarrif> Abu ‘Uthman ‘Amr ibn Salim who said: “When the waiting period for divorced and widowed women was mentioned in Surah al-Baqarah, Ubayy ibn Ka‘b said: ‘O Messenger of Allah, some women of Medina are saying: there are other women who have not been mentioned!’ He asked him: ‘And who are they?’ He said: '''Those who are too young [such that they have not started menstruating yet]''', those who are too old [whose menstruation has stopped] and those who are pregnant’. And so this verse (And for such of your women as despair of menstruation…) was revealed”.}}<br />
<br />
===Al-Tabari===<br />
<br />
{{Quote|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.'''}}<br />
<br />
===Al-Zamakhshari===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=2&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Al-Zamakhshari, Al-Kashshaaf|2= {{right|<br />
روي أن ناساً قالوا: قد عرفنا عدة ذوات الأقراء، فما عدة اللائي لا يحضن؛ فنزلت: فمعنى إِنِ ٱرْتَبْتُمْ }: إن أشكل عليكم حكمهن وجهلتم كيف يعتددن فهذا حكمهنّ، وقيل: إن ارتبتم في ذم البالغات مبلغ اليأس وقد قدروه بستين سنة وبخمس وخمسين، أهو دم حيض أو استحاضة؟ { فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ } وإذا كانت هذه عدة المرتاب بها، فغير المرتاب بها أولى بذلك '''{ وَٱلَّٰۤئى لَمْ يَحِضْنَ }''' هن الصغائر''' }}<br />
<br />
It is said that people said: we have known the period of the literate people, what is the waiting period of those who do not menstruate; it was revealed its meaning that "if you doubted", ie if the correct judgement is not clear and you do not know how to reckon their 'iddah this is to be the correct judgement. And it is asked if you doubted the women who have despaired of further menstruation, and they see more blood, is it menstruation or spotting? (Quoting the Qur'an)"Their waiting period is 3 months." And if this number the one which is accounted for here, for those cases which are not account for (quoting the Qur'an) "and for those how have not menstruated yet" these are the small female children. }}<br />
<br />
The bold text means “Those who have not menstruated” are young girls.<br />
<br />
===Tabrasi===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=3&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=7&Size=1&LanguageId=1 Qur'an 65:4]<BR>Tabrasi|2= {{right|{واللآئي لم يحضن}<br />
<br />
تقديره واللآئي لم يحضن إن ارتبتم فعدتهن أيضاً ثلاثة أشهر وحذف دلالة الكلام الأول عليه وهن اللواتي '''لم يبلغن''' المحيض ومثلهن تحيض على ما مرَّ بيانه.}}<br />
<br />
"And those who have not yet menstruated" ie for those who have not yet menstruated, if you are in doubt, their waiting period is three months, negating the reference to the previous verse, these are those women who have not yet reached the age of menstruation and those like them who's menstruation escapes observation. }}<br />
<br />
The bold text translates as “They are those who haven’t reached the age of menstruation”. Tabrasi comments on the phrase “Wallaee Lam yahidhna” = “Those who have not menstruated yet” in the verse.<br />
<br />
===Al-Shawkani===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=9&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=3&Size=1&LanguageId=1 Qur'an 65:4]<BR>Al-Shoukani, Fath al-Qadir|2= {{right|<br />
{ فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ '''وَٱللاَّئِى لَمْ يَحِضْنَ } لصغرهن، وعدم بلوغهن سن المحيض،''' أي: فعدتهن ثلاثة أشهر }}<br />
<br />
Due to their youth, and their lack of reaching adult age, (quoting the Qur'an) "their waiting period is 3 month" and "those who have not menstruated yet"). IE the waiting period of these ones is 3 months. }}<br />
<br />
The bold part translated as: “Those who have not menstruated yet” are young girls who have not reached the age of menstruation.<br />
<br />
===Abu-Hayyan===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=19&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Abu-Hayyan|2= {{right|{واللائي لم يحضن }<br />
<br />
<br />
،فالعدة هذه، فتلخص في قوله: { إن ارتبتم } قولان: أحدهما، أنه على ظاهر مفهوم اللغة فيه، وهو حصول الشك؛ والآخر، أن معناه التيقن للإياس؛ والقول الأول معناه: إن ارتبتم في دمها، أهو دم حيض أو دم علة؟ أو إن ارتبتم في علوق بحمل أم لا؛ أو إن ارتبتم: أي جهلتم عدتهن، أقوال. والظاهر أن قوله: واللائي '''لم يحضن''' } يشمل من لم يحض لصغر، }}<br />
<br />
As for the waiting period, it is summed up in its saying (quoting the Qur'an) "if you doubted", with two meanings: one of them, which appears exceedingly understandable, 'this is in the case of doubt'; and the other, whose meaning is certainly "have reached to the point of despair." The meaning of the first: if you doubted her blood, is it menstrual blood or caused by an illness or health irregularity? Or perhaps if you suspect a calamity (miscarriage) has happened or not? Or the verses which are for if you are not sure of their waiting period. And this much is clear: (quoting the Qur'an) 'as for those who have not yet menstruated.' This includes those who have not menstruated due to their young age. }}<br />
<br />
The bold: “Those who have not menstruated yet” denotes those not menstruated because of being young.<br />
<br />
==Evidence from the Hadith==<br />
<br />
From Imam Bukhari in his book of Tafsir and hadith collections:<br />
<br />
{{Quote|[http://bewley.virtualave.net/bukhari33.html Sahih Al-Bukhari, Chapter 68: Book of Tafsir]|'''CCCLXXXIV: The Tafsir of Surat at-Talaq'''<BR><BR>Mujahid said that "if you have any doubt" (65:4) means if you do not know whether she menstruates or not. Those who do not longer menstruate and '''those who have not yet menstruated, their 'idda is three months'''.}}<br />
<br />
{{Quote|{{cite web quotebox|url= http://archive.org/download/SahihAl-bukhari9Vol.Set/SahihAl-bukhariVol.7-Ahadith5063-5969.pdf|title= The Translation of the Meanings of Sahih Al-Bukhari|publisher= Dar-us-Salam Publications|isbn= 9960-717-38-0|author= Al-Bukhari (au.), Muhammad M. Khan (tr.)|date= June 1, 1997|series=vol. 7, book 67, ch. 39|page= 57|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Farchive.org%2Fdownload%2FSahihAl-bukhari9Vol.Set%2FSahihAl-bukhariVol.7-Ahadith5063-5969.pdf&date=2013-08-13|deadurl=no}}|'''(39) CHAPTER. Giving one's young children in marriage (is permissible).''' <br />
<br />
By virtue of the Statement of Allah : "...and for those who have no (monthly) <br />
courses (i.e. they are still immature).. (V.65:4) And the 'Idda for the girl before puberty is <br />
three months (in the above Verse). <br />
<br />
'''5133.''' Narrated 'Aishah; that the Prophet wrote the marriage contract with 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).}}<br />
<br />
From Sahih Muslim:<br />
<br />
{{Quote|Capter heading for {{Muslim|8|3309}} to {{Muslim|8|3311}}|Chapter 10: It is permissible for the father to give the hand of his daughter in marriage '''even when she is not fully grown''' up.}}<br />
<br />
The following Muwatta hadith shows it's permissible to marry girls who have not reached puberty:<br />
<br />
{{quote|{{Muwatta|29|33|108|}}|<br />
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."<br />
<br />
'''Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies." '''<br />
<br />
Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.''<br />
<br />
Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."}}<br />
<br />
The following is from Fath al-Bari, the most authoritative commentary on Sahih Al-Bukhari:<br />
<br />
{{Quote|1=|2= {{right|<br />
واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ ) أي فدل على أن نكاحها قبل البلوغ جائز <br />
}}<br />
<br />
"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."<ref>[http://hadith.al-islam.com/display/Display.asp?Doc=0&Rec=7644 Al-Islam (Arabic text)]</ref><ref>[http://www.islamweb.net/newlibrary/display_book.php?idfrom=9381&idto=9382&bk_no=52&ID=2847 IslamWeb (Arabic text)]</ref>}}<br />
<br />
==Recent Fatwas==<br />
<br />
IslamOnline.net is one of the most popular Islamic fatwa sites on the internet. The following excerpt is taken from a December 2010 fatwa.<br />
<br />
{{Quote|1=[http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamonline.net%2Far%2FIOLCounsel_C%2F1278406761316%2F1278406720653%2F%D9%87%D9%84-%D9%8A%D8%AC%D9%88%D8%B2-%D8%AA%D8%AD%D8%AF%D9%8A%D8%AF-%D8%B3%D9%86-%D8%B2%D9%88%D8%A7%D8%AC-%D9%84%D9%84%D9%81%D8%AA%D9%8A%D8%A7%D8%AA%D8%9F-&date=2011-02-03 Is it permissible to restrict the age at which girls can marry?]<BR>Submitted by Ahmad, IslamOnline, December 24, 2010|2=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.}}<br />
<br />
{{Quote|1=[http://www.webcitation.org/61C5nBLpe <!-- original URL http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=88089 -->Child marriage in Islam]<BR>Islamweb, Fatwa No. 88089, June 24, 2004|2='''Getting married at an early age is something that is confirmed by the book of Allah''', the Sunnah of his Prophet (Sallallahu Alaihi wa Sallam), the consensus of the scholars and the actions of the companions, and the Muslims who came after them. <br />
<br />
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. <br />
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The evidence from the Qur'an is: <br />
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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)<br />
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So, '''Allah set rulings of marriage, divorce and waiting period for the women who have not yet had menses, i.e. the young girls'''.<br />
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The Iddah (waiting period) does not take place except after marriage.}}<br />
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==Modern Views and Perspectives on the Meaning of Qur'an 65:4==<br />
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===The Qur'an prohibits marriage to pre-pubescent females===<br />
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Some Modern [[dawah|du'aah]] who decry the traditional sources as endorsing pedophilia often take issue with the interpretation of the wording of Qur'an 65:4 in these source. They see the verse as limited to women of current-day adulthood and not pre-pubescent women (again taking as a starting point modern modes of understanding "adulthood" for women.<ref>{{Cite web| title = Does verse 65:4 encourage child marriage?| author = Abu Amina Elias AKA Justin Parrott| work = Faith in Allah الإيمان بالله "Any practice that causes harm to children is unlawful in Islam."| date = | access-date = 6 January 2022| url = https://www.abuaminaelias.com/verse-65-4-child-marriage/| quote = }}</ref>. Qur'an 4:6 is often leveraged as part of this argument:<br />
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{{quote|{{Qtt|4|6}}|<br />
{{right|وابتلوا اليتامى حتى اذا بلغوا النكاح فان انستم منهم رشدا فادفعوا اليهم اموالهم ولاتاكلوها اسرافا وبدارا ان يكبروا ومن كان غنيا فليستعفف ومن كان فقيرا فلياكل بالمعروف فاذا دفعتم اليهم اموالهم فاشهدوا عليهم وكفى بالله حسيبا<br />
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'''Transliteration:''' Waibtaloo alyatama hatta itha balaghoo aln'''nikaha''' fa-in anastum minhum rushdan faidfaAAoo ilayhim amwalahum wala ta/kulooha israfan wabidaran an yakbaroo waman kana ghaniyyan falyastaAAfif waman kana faqeeran falya/kul bialmaAAroofi fa-itha dafaAAtum ilayhim amwalahum faashhidoo AAalayhim wakafa biAllahi haseeban<br />
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'''Yusuf Ali:''' Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is Allah in taking account. <br />
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'''Pickthal:''' Prove orphans till they reach the marriageable age; then, if ye find them of sound judgment, deliver over unto them their fortune; and devour it not by squandering and in haste lest they should grow up Whoso (of the guardians) is rich, let him abstain generously (from taking of the property of orphans); and whoso is poor let him take thereof in reason (for his guardianship). And when ye deliver up their fortune unto orphans, have (the transaction) witnessed in their presence. Allah sufficeth as a Reckoner.<br />
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'''Shakir:''' And test the orphans until they attain puberty; then if you find in them maturity of intellect, make over to them their property, and do not consume it extravagantly and hastily, lest they attain to full age; and whoever is rich, let him abstain altogether, and whoever is poor, let him eat reasonably; then when you make over to them their property, call witnesses in their presence; and Allah is enough as a Reckoner.}}<br />
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The word [[Nikah]] can have multiple understandings:<br />
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#According to the Islamic Shar'iah, "Nikah" is a technical term, whose Shar'i (Islamic legal) meaning is "the consumation of a marriage through vaginal intercourse" and in many Islamic languages and cultures, such as Urdu speaking Muslims in South Asia, this by extension merely means "(Islamic) marriage." In Arabic, though , ''Zuwaaj'' زواج<ref>[http://www.studyquran.co.uk/28_ZAY.htm Lane's Lexicon - Zay-Waw-Jiim]</ref> is the specific word for just "marriage" (although the contract of marriage which both parties sign is called "'aqd an-nikaah" عقد النكاح), but the Qur'an uses both words in reference to marrying women; Nikaah for human females and Zuwaaj for the Houris.<br />
#The underlying, literal meaning of "Nikaah" in Arabic language is vaginal, "[[Nikah (Sexual Consummation of Marriage)|Sexual Intercourse]]"<br />
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Few Modern du'aah use this word "Nikaah" in this verse to mean "marriage" (i.e. till they (the orphans) reach the age of marriage). Their argument is that this verse links the age of "Nikaah" with "becoming sound in Judgement to take care of the property", and thus a child's Nikaah is impossible while a child does not have the sound judgement to take care of his/her property. <br />
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But contrary to these modern Islamic advocates, the traditional view of Muslim 'ulamaa' of the last 1400 years was that word "Nikaah" had been used in it's literal meaning here (i.e. reaching the age where they are able to do the sexual intercourse). And their arguments are as follows:<br />
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Firstly, this verse is talking about the "male orphans" and not about the "female orphans". It becomes evident from the Arabic word بَلَغُوا (balaghū) in this verse, and the Arabic grammar used in it is (3rd person '''masculine''' plural perfect verb). This Arabic grammar could be seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=4&verse=6 Corpus Quran Website]. <br />
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Thus the exact translation of this verse becomes: "''And test the ('''male''') orphans until they reach the age of (doing) the '''sexual intercourse (i.e. Nikah)'''. Then if you perceive in them sound judgement, release their property to them ...''."<br />
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Secondly, it becomes even more evident from another verse of Quran 17:34:<br />
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{{Quote|{{Quran|17|34}}|وَلَا تَقْرَبُوا۟ مَالَ ٱلْيَتِيمِ إِلَّا بِٱلَّتِى هِىَ أَحْسَنُ حَتَّىٰ يَبْلُغَ '''أَشُدَّهُۥ''' ۚ </br><br />
Come not nigh to the orphan's property except to improve it, until he attains the age of '''full strength'''}}<br />
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The word أَشُدَّهُ (full strength) in this verse means the age when a young boy starts feeling the desire/strength of doing sexual intercourse. <br />
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And the Arabic grammar in the word يَبْلُغَ in this verse is '''"3rd person masculine singular imperfect verb"''', which again points out that this verse is talking about the "male orphans" only. This Arabic grammar could be again seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=17&verse=34 Corpus Quran Website].<br />
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It should be noted that:<br />
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*As far as Shari'i 'aqd an-Nikaah (marriage) is concerned, then there is no condition present in it of reaching the أَشُدَّهُ (i.e. Strength to do the intercourse).<br />
*And the proof is that Muhammad himself did the Shari'i Nikah with 'Aisha, when she was only 6 years old.<br />
*And no one tests a 6 years old child for handing over his/her property to him/her, as 6 years old child has neither أَشُدَّهُ (Strength/Desire) nor he/she has any kind of "sound judgement" to look after his/her property.<br />
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Thus, the Shar'i Nikah has nothing to do with the أَشُدَّهُ (strength), as Muhammad did this Shar'i Nikah with 6 years 'Aisha. <br />
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Actually, even at the age of 9, when 'Aisha finally came to the house of Muhammad for the consummation of marriage, still she was not mentally sound enough to look after any property or business. It is evident from the following hadith:<br />
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{{Quote|{{Bukhari|||6130|darussalam}}|Narrated `Aisha:<br />
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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 (ﷺ) used to enter (my dwelling place) they used to hide themselves, but the Prophet would call them to join and play with me.}}<br />
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According to Islamic Sharia:<br />
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*When a girl reaches puberty, then she herself gets the right to give her consent for the marriage, or to deny the marriage.<br />
*But if she is a minor or prepubescent girl, then her father/guardian could wed her to anyone even without her consent<ref>[https://islamqa.info/en/answers/12708/is-it-acceptable-to-marry-a-girl-who-has-not-yet-started-her-menses The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. Fatwa Website Islam Q&A.] </ref>.<br />
*And if she is a prepubescent and also an orphan, then her guardian has the right to wed her with himself (even without her consent), in order to get her property and the wealth.<br />
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It is evident from the following hadith: <br />
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{{Quote|{{Bukhari|||5064|darussalam}}|Narrated 'Urwa:<br />
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that he asked `Aisha about the Statement of Allah: '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) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! '''(This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr''', and they are ordered to marry other women instead of them."}}<br />
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And it is also evident from the following Quranic Verse: <br />
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{{Quote|{{Quran|4|127}}|You also read them (the guardians) in the Book concerning orphaned women (in your charge) '''to whom you deny their ordained rights and yet wish to take them in marriage''', as well as in respect of helpless children, that you should be just in the matter of orphans." The good you do is known to God.}}<br />
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Thus a prepubescent girl is practically at the mercy of her guardian, and he could marry her to himself, even without her consent, and even for very little Mahr price. <br />
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The Tafsir's agree with this understanding of 4:6:<br />
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{{quote|1=[http://tafsir.com/default.asp?sid=4&tid=10463 Giving Back the Property of the Orphans When They Reach Adulthood (Qur'an 4:6)]<BR>Tafsir Ibn Kathir|2=<br />
'''Giving Back the Property of the Orphans When They Reach Adulthood'''<br />
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Allah said,<br />
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[وَابْتَلُواْ الْيَتَـمَى]<br />
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(And test orphans) meaning, test their intelligence, as Ibn `Abbas, Mujahid, Al-Hasan, As-Suddi and Muqatil bin Hayyan stated.<br />
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[حَتَّى إِذَا بَلَغُواْ النِّكَاحَ]<br />
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(until they reach the age of marriage), the age of puberty, according to Mujahid. The age of puberty according to the majority of scholars comes when the child has a wet dream. In his Sunan, Abu Dawud recorded that `Ali said, "I memorized these words from the Messenger of Allah ,<br />
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«لَا يُتْمَ بَعْدَ احْتِلَامٍ، وَلَا صُمَاتَ يَوْمٍ إِلَى اللَّيْل»<br />
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(There is no orphan after the age of puberty nor vowing to be silent throughout the day to the night.) In another Hadith, `A'ishah and other Companions said that the Prophet said,<br />
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«رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ، عَنِ الصَّبِيِّ حَتَّى يَحْتَلِمَ، وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ، وَعَنِ الْمَجْنُونِ حَتَّى يُفِيق»<br />
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s(The pen does not record the deeds of three persons: the child until the age of puberty, the sleeping person until waking up, and the senile until sane.) Or, the age of fifteen is considered the age of adolescence. In the Two Sahihs, it is recorded that Ibn `Umar said, "I was presented in front of the Prophet on the eve of the battle of Uhud, while I was fourteen years of age, and he did not allow me to take part in that battle. But I was presented in front of him on the eve of the battle of Al-Khandaq (The Trench) when I was fifteen years old, and he allowed me (to join that battle).'' `Umar bin `Abdul-`Aziz commented when this Hadith reached him, "This is the difference between a child and an adult.'' There is a difference of opinion over whether pubic hair is considered a sign of adulthood, and the correct opinion is that it is. The Sunnah supports this view, according to a Hadith collected by Imam Ahmad from `Atiyah Al-Qurazi who said, We were presented to the Prophet on the day of Qurizah, whoever had pubic hair was killed, whoever did not was left free to go, I was one of those who did not, so I was left free.'' The Four Sunan compilers also recorded similar to it. At-Tirmidhi said, "Hasan Sahih.'' Allah's statement,<br />
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[فَإِنْ ءَانَسْتُمْ مِّنْهُمْ رُشْداً فَادْفَعُواْ إِلَيْهِمْ أَمْوَلَهُمْ]<br />
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(if then you find sound judgment in them, release their property to them,) Sa`id bin Jubayr said that this portion of the Ayah means, when you find them to be good in the religion and wise with their money. Similar was reported from Ibn `Abbas, Al-Hasan Al-Basri and others among the Imams. The scholars of Fiqh stated that when the child becomes good in the religion and wise concerning with money, then the money that his caretaker was keeping for him should be surrendered to him.}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsir al-Jalalayn|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
Try, test, well the orphans, before reaching maturity with regard [the duties of] religion and [before] they can [legally] manage their own affairs, until they reach the age of marrying, that is, until they have become eligible for it through puberty or [legal] age, which, according to al-Shāfi‘ī, is the completion of fifteen years; then, if you perceive in them maturity, that is, right [judgement] in matters of religion and their property, deliver their property to them; consume it not, O guardians, wastefully, without due merit, and in haste, that is, hastening to expend it, fearing, lest they should grow up, and become mature, at which time you will be obliged to hand it over to them. If any man, who is a guardian, is rich, let him be abstinent, that is, let him abstain from the orphan’s property and refrain from consuming it; if he is poor, let him consume, of it, honourably, that is, in line with the wage for his work. And when you deliver to them, the orphans, their property, take witnesses over them, that they have received it and that you are absolved [of the obligation], so that if any dispute occurs, you are able to refer to a clear proof: this is a command [intended] for guidance. God suffices as a reckoner, as a guardian of His creatures’ deeds and as a reckoner of these [deeds] (the bā’ [in bi’Llāhi] is extra).}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsîr Ibn Abbas|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
(Prove orphans) test the intelligence of orphans (till they reach the marriageable age) the age of puberty; (then, if ye find them of) if you see that they possess (sound judgement) righteousness in Religion and a tendency to protect their wealth, (deliver over unto them their fortune) then give their wealth which is with you; (and devour it not squandering) it in transgression and unlawfully (and in haste) in haste lest the orphan grows older and consumes it little by little (lest they should grow up) for fear that they grow older and stop you from devouring their wealth. (Whoso (of the guardians) is rich) and needs not the orphan's wealth, (let him abstain generously) because of his richness from taking of the property of orphans, nor should he diminish anything from their wealth; (and whoso is poor) and needy (let him take thereof in reason (for his guardianship)) in measure, such that he is not in need for the wealth of orphans; it is also said that this means: he should take from the wealth of orphans in proportion with the measure of his work regarding this wealth; and it is also said that this means: he can take from the wealth of orphans as a loan to be paid back. (And when ye deliver up their fortune unto orphans) when they reach the legal age, (have (the transaction) witnessed in their presence) when you deliver it to them. (Allah sufficeth as a Reckoner) Allah suffices as a witness. This verse was revealed about Thabit Ibn Rifa'ah al-Ansari.}}<br />
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{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Al-Wahidi, Asbab Al-Nuzul|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
(Prove orphans…) [4:6]. This was revealed about Thabit ibn Rifa‘ah and his uncle. Rifa‘ah died when his son Thabit was very young. The uncle of Thabit went to the Messenger of Allah, Allah bless him and give him peace, and said: “The son of my brother is an orphan under my care, what is lawful for me from his wealth? And when should I give him back his wealth?” And so Allah, exalted is He, revealed this verse.}}<br />
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===The Arabic word “Nisaa'” does not refer to young females===<br />
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Some defenders of the Qur'an, speaking in English, claim that the Qur'an only uses the word ''Nisaa''' to refer to mature, adult women, therefore 65:4 cannot be talking about pre-pubescent females.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = Kaleef K. Karim| work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = that the Arabic word ‘Nisa’ could also refer to ‘female children’. Let us take a look in Arabic-English dictionaries. The Arabic word ‘Nisa’ has been used 59 times in the Quran. Not once has the word ‘Nisa’ been used for a ‘child(ren)’, it has always referred to mature adult women. Dr. Rohi Baalbaki, says in Al-Mawrid: A modern Arabic-English Dictionary:}}</ref> This linguistic argument does not hold water, even just on the basis of the Qur'an itself as a text. The word merely means "women/females" and can refer to mixed groups of women of various ages, as the English "female" or "women." Here are some verses that use the word ''"nisaa'"'':<br />
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{{Quote|{{Quran|2|49}}|وَإِذْ نَجَّيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ يُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith najjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' And remember, We delivered you from the people of Pharaoh: They set you hard tasks and punishments, slaughtered your sons and let your women-folk live; therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|7|127}}|وَقَالَ ٱلْمَلَأُ مِن قَوْمِ فِرْعَوْنَ أَتَذَرُ مُوسَىٰ وَقَوْمَهُۥ لِيُفْسِدُوا۟ فِى ٱلْأَرْضِ وَيَذَرَكَ وَءَالِهَتَكَ ۚ قَالَ سَنُقَتِّلُ أَبْنَآءَهُمْ وَنَسْتَحْىِۦ نِسَآءَهُمْ وَإِنَّا فَوْقَهُمْ قَٰهِرُونَ<br />
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'''Transliteration:''' ''Waqala almalao min qawmi firawna atatharu moosa waqawmahu liyufsidoo fee alardi wayatharaka waalihataka qala sanuqattilu abnaahum wanastahyee '''Nisa'''ahum wainna fawqahum qahiroona'' <BR><BR><br />
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'''Yusuf Ali:''' Said the chiefs of Pharaoh’s people: “Wilt thou leave Moses and his people, to spread mischief in the land, and to abandon thee and thy gods?” He said: “Their male children will we slay; (only) their females will we save alive; and we have over them (power) irresistible."}}<br />
<br />
{{Quote|{{Quran|7|141}}|وَإِذْ أَنجَيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ ۖ يُقَتِّلُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith anjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuqattiloona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' And remember we rescued you from Pharaoh’s people, who afflicted you with the worst of penalties, who slew your male children and saved alive your females: in that was a momentous trial from your Lord.}}<br />
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{{Quote|{{Quran|14|6}}|وَإِذْ قَالَ مُوسَىٰ لِقَوْمِهِ ٱذْكُرُوا۟ نِعْمَةَ ٱللَّهِ عَلَيْكُمْ إِذْ أَنجَىٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ وَيُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith qala moosa liqawmihi othkuroo niAAmata Allahi AAalaykum ith anjakum min ali firawna yasoomoonakum sooa alAAathabi wayuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' Remember! Moses said to his people: “Call to mind the favour of Allah to you when He delivered you from the people of Pharaoh: they set you hard tasks and punishments, slaughtered your sons, and let your females live: therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|40|25}}|فَلَمَّا جَآءَهُم بِٱلْحَقِّ مِنْ عِندِنَا قَالُوا۟ ٱقْتُلُوٓا۟ أَبْنَآءَ ٱلَّذِينَ ءَامَنُوا۟ مَعَهُۥ وَٱسْتَحْيُوا۟ نِسَآءَهُمْ ۚ وَمَا كَيْدُ ٱلْكَٰفِرِينَ إِلَّا فِى ضَلَٰلٍ<br />
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'''Transliteration:''' ''Falamma jaahum bialhaqqi min AAindina qaloo oqtuloo abnaa allatheena amanoo maAAahu waistahyoo '''Nisa'''ahum wama kaydu alkafireena illa fee dalalin''<BR><BR><br />
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'''Yusuf Ali:''' Now, when he came to them in Truth, from Us, they said, "Slay the sons of those who believe with him, and keep alive their females," but the plots of Unbelievers (end) in nothing but errors (and delusions)!...}}<br />
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In the above verses, the word ''"Nisaa'"'' is referring to female infants. The biblical original of this story, which the Qur'an relies upon and which commentary on the Qur'an confirms in this case, <br />
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{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:15-16;&version=49; Exodus 1:15-16]|2=<br />
<br />
וַיֹּ֨אמֶר֙ מֶ֣לֶךְ מִצְרַ֔יִם לַֽמְיַלְּדֹ֖ת הָֽעִבְרִיֹּ֑ת אֲשֶׁ֨ר שֵׁ֤ם הָֽאַחַת֙ שִׁפְרָ֔ה וְשֵׁ֥ם הַשֵּׁנִ֖ית פּוּעָֽה:וַיֹּ֗אמֶר בְּיַלֶּדְכֶן֙ אֶת־הָ֣עִבְרִיּ֔וֹת וּרְאִיתֶ֖ן עַל־הָֽאָבְנָ֑יִם אִם־בֵּ֥ן הוּא֙ וַֽהֲמִתֶּ֣ן אֹת֔וֹ וְאִם־בַּ֥ת הִ֖וא וָחָֽיָה:<br />
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''"And the king of Egypt spoke to the Hebrew midwives, of whom the name of the one was Shiphrah, and the name of the other Puah; and he said: ‘When ye do the office of a midwife to the Hebrew women, ye shall look upon the birthstool: if it be a son, then ye shall kill him; but if it be a daughter, then she shall live.’''}}<br />
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{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:22;&version=49; Exodus 1:22]|2=<br />
כבוַיְצַ֣ו פַּרְעֹ֔ה לְכָל־עַמּ֖וֹ לֵאמֹ֑ר כָּל־הַבֵּ֣ן הַיִּלּ֗וֹד הַיְאֹ֨רָה֙ תַּשְׁלִיכֻ֔הוּ וְכָל־הַבַּ֖ת תְּחַיּֽוּן:<br />
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''And Pharaoh charged all his people, saying: ‘Every son that is born ye shall cast into the river, and every daughter ye shall save alive.''}}<br />
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Moreover the Quran itself clarifies “Who the ''Nisa'' are”. <br />
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{{Quote|{{Quran|4|127}}|{{right|<br />
ويستفتونك في النساء قل الله يفتيكم فيهن ومايتلى عليكم في الكتاب في يتامى النساء اللاتي لاتؤتونهن ماكتب لهن وترغبون ان تنكحوهن والمستضعفين من الولدان وان تقوموا لليتامى بالقسط وماتفعلوا من خير فان الله كان به عليما }}<br />
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'''Transliteration:''' ''Wayastaftoonaka fee alnnisa-i quli Allahu yufteekum feehinna wama yutla AAalaykum fee alkitabi fee yatama alnnisa-i allatee la tu/toonahunna ma kutiba lahunna watarghaboona an tankihoohunna waalmustadAAafeena mina alwildani waan taqoomoo lilyatama bialqisti wama tafAAaloo min khayrin fa-inna Allaha kana bihi AAaleeman'' <br />
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'''Literal:''' And they ask for your opinion/clarification about the women, say: "God decreed/clarifies in them (F), and what is read/recited on you in The Book in the women orphans/minors that lose their father, those who (F) you did not give them (F) what was written/dictated to them (F), and you desire that you marry them (F), and the weakened from the children/newborns, and that you take care of to the orphans/minors that lose their father with the just/equitable; and what you make/do from goodness, so that God was/is with it knowledgeable."<ref>[{{Reference archive|1=http://iknowledge.islamicnature.com/quran/surah/4/lang/englishliteral/|2=2011-11-27}} 4. An-Nisa - Women (سورة النساء) - Revealed in Madinah (English: Literal)] - IslamicNature, accessed November 27, 2011</ref>}}<br />
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Here Muhammad is asked who the "Nisaa'" were, and the response delineates who they are:<br />
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#Orphans<br />
#Female wards<br />
#Those you desire to marry<br />
#The weakened from the children or new born.<br />
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===65.4 talks only of the 'Iddah and not of sexual activity===<br />
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One point of focus for modern commentators, seeking to defend the Qur'an from the charge of endorsing pedophilia, is that 65:4 does not explicitly discuss consummation or other sexual activity in regards to any of the females discussed in the verse; it merely sets the prescribed 'Iddah required for each.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = | work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = }}</ref>The 'iddah (prescribed waiting period) for females is required after a divorce or widowing, so that a child's father can be correctly identified. In addition to multiple tafsir and hadith traditions on 65:4, this is also established in Qur'an 33:49: <br />
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{{Quote|{{Quran|33|49}}|<br />
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَٰتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا<br />
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O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
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The tafsirs further expound on the meaning of the 'iddah according to this verse:<br />
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{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=1841&Itemid=89#1 A Gift and no (Iddah) for Women Who are divorced before Consummation of the Marriage (Qur'an 33:49)]<BR>Tafsir Ibn Kathir|2= {{right|<br />
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)}}<br />
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49. O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no `Iddah have you to count in respect of them. So, give them a present, and set them free in a handsome manner.)<br />
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This Ayah contains many rulings, including the use of the word Nikah for the marriage contract alone. There is no other Ayah in the Qur'an that is clearer than this on this point. It also indicates that it is permissible to divorce a woman before consummating the marriage with her.<br />
{{right|<br />
(الْمُؤْمِنَـتِ)<br />
}}<br />
(believing women)<br />
This refers to what is usually the case, although there is no difference between a believing (Muslim) woman and a woman of the People of the Book in this regard, according to scholarly consensus. Ibn `Abbas, may Allah be pleased with him, Sa`id bin Al-Musayyib, Al-Hasan Al-Basri, `Ali bin Al-Husayn Zayn-ul-`Abidin and a group of the Salaf took this Ayah as evidence that divorce cannot occur unless it has been preceded by marriage, because Allah says,<br />
{{right|<br />
(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
}}<br />
(When you marry believing women, and then divorce them) <br />
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The marriage contract here is followed by divorce, which indicates that the divorce cannot be valid if it comes first. Ibn Abi Hatim recorded that Ibn `Abbas, may Allah be pleased with him, said, "If someone were to say, `every woman I marry will ipso facto be divorced,' this does not mean anything, because Allah says:<br />
{{right|<br />
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
}}<br />
(O you who believe! When you marry believing women, and then divorce them....).'' It was also reported that Ibn `Abbas, may Allah be pleased with him, said: "Allah said,<br />
{{right|<br />
(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
}}<br />
(When you marry believing women, and then divorce them.) Do you not see that divorce comes after marriage'' A Hadith to the same effect was recorded from `Amr bin Shu`ayb from his father from his grandfather, who said: "The Messenger of Allah said:<br />
{{right|<br />
«لَا طَلَاقَ لِابْنِ آدَمَ فِيمَا لَا يَمْلِك»<br />
}}<br />
(There is no divorce for the son of Adam with regard to that which he does not possess.) This was recorded by Ahmad, Abu Dawud, At-Tirmidhi and Ibn Majah. At-Tirmidhi said, "This is a Hasan Hadith, and it is the best thing that has been narrated on this matter.'' It was also recorded by Ibn Majah from `Ali and Al-Miswar bin Makhramah, may Allah be pleased with them, that the Messenger of Allah said:<br />
{{right|<br />
«لَا طَلَاقَ قَبْلَ نِكَاح»<br />
}}<br />
(There is no divorce before marriage.)<br />
{{right|<br />
(فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا)<br />
}}<br />
(no `Iddah have you to count in respect of them.) This is a command on which the scholars are agreed, that if a woman is divorced before the marriage is consummated, she does not have to observe the `Iddah (prescribed period for divorce) and she may go and get married immediately to whomever she wishes. The only exception in this regard is a woman whose husband died, in which case she has to observe an `Iddah of four months and ten days even if the marriage was not consummated. This is also according to the consensus of the scholars.<br />
{{right|<br />
(فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
(So, give them a present, and set them free in a handsome manner.) The present here refers to something more general than half of the named dowery or a special gift that has not been named. Allah says:<br />
{{right|<br />
(وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ)<br />
}}<br />
(And if you divorce them before you have touched (had a sexual relation with) them, and you have fixed unto them their due (dowery) then pay half of that) (2:237). And Allah says:<br />
{{right|<br />
(لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ)<br />
}}<br />
(There is no sin on you, if you divorce women while yet you have not touched them, nor fixed unto them their due (dowery). But bestow on them gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.) (2:236) pIn Sahih Al-Bukhari, it was recorded that Sahl bin Sa`d and Abu Usayd, may Allah be pleased with them both, said, "The Messenger of Allah married Umaymah bint Sharahil, and when she entered upon him he reached out his hand towards her, and it was as if she did not like that, so he told Abu Usayd to give her two garments.'' `Ali bin Abi Talhah reported that Ibn `Abbas, may Allah be pleased with him, said "If the dowery had been named, she would not be entitled to more than half, but if the dowery is not been named, he should give her a gift according to his means, and this is the "handsome manner.''}}<br />
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{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir al-Jalalayn|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
O you who believe if you marry believing women and then divorce them before you have touched them (read tamassūhunna or tumāsūhunna) that is, before you have copulated with them, there shall be no [waiting] period for you to reckon against them, [no] waiting period [needed to preclude pregnancy] or otherwise. But provide for them, give them what they can use for [securing] comforts, in cases where no dowry has been fixed for them; otherwise theirs is to retain half of what was fixed, but no more — this is what Ibn ‘Abbās said and it is [the opinion] followed by al-Shāfi‘ī’; and release them in a gracious manner, leave them be without [the intention to cause them any] harm.}}<br />
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{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir 'Ibn Abbas|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
(O ye who believe! If ye wed believing women) without naming the amount of their dowry (and divorce them before ye have touched them) before you had sexual intercourse with them, (then there is no period that ye should reckon) by counting the months or the periods of menstruation. (But content them) as is due by divorce by giving them at least a scarf or shawl (and release them handsomely) divorce them without any harm done to them.}}<br />
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This verse effectively removes the apologist's objection to Qur'an 65.4 as we see clearly that if a man has not consummated his marriage with his wife then she does not need to observe an 'iddah. If Qur'an 65.4 specifies that pre-pubescent females must observe a 3 month 'iddah then clearly sexual intercourse is halal to Allah.<br />
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===This verse is only talking about adult women who don't know if they are pregnant===<br />
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The very reason 65:4 was revealed in the first place, was as a clarification to an existing revelation by Allah. Allah had already revealed that women must wait 3 menstrual periods before they can end the 'iddat and be free to marry again. This is in Qur'an 2:228:<br />
<br />
{{quote|{{Quran|2|228}}|'''And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs''', if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and Allah is Mighty, Wise. }}<br />
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However, after this, Muslim men went to Muhammad to ask about those who did not presently have their menses - how do they measure the 'iddat in those cases? It is in this circumstance that Allah sent down the clarification (65:4) for the three groups of women that did not have menstruation, therefore they could not wait the '3 menstrual cycles' as mandated by Qur'an 2:228.<br />
<br />
Those Muslims who make this claim are ignoring what all of their own scholars have said about 65:4; that it is referring to the peri-menopausal and post menopausal women, the pre-pubescent girls and the pregnant women. The women who are currently menstruating are told in Qur'an 2:228 that they must wait 3 menstrual cycles, therefore this apologetic is also debunked.<br />
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===This verse is applied to unconsummated widows===<br />
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Another claim is that Qur'an 65:4 doesn't necessarily mean that Muslim men can have sex with pre-pubescent females because there may be cases where a man has married a pre-pubescent female, but while waiting for her to attain menstruation before consummating the marriage, he died. The 'iddah could be referring to a situation such as this. This claim is invalid because the Qur'an specifies the 'iddah for ''all'' widows to be 4 months and 10 days; in Qur'an 2:234:<br />
<br />
{{Quote|{{Quran|2|234}}|And (as for) those of you who die and leave wives behind, they should keep themselves in waiting for four months and ten days; then when they have fully attained their term, there is no blame on you for what they do for themselves in a lawful manner; and Allah is aware of what you do.}}<br />
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Snce the 'Iddah specified in Qur'an 65.4 is for a different amount of time, this situation would not seem to be the subject of 65:4. <br />
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==See Also==<br />
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*[[Child Marriage in the Muslim World]]<br />
<br />
{{Translation-links-english|[[Pedophilie_dans_le_Coran|French]]}}<br />
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==External Links==<br />
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*[http://www.answering-islam.org/Quran/Versions/065.004.html Marriage to Minors: Surah At-Talaq (65:4)] - ''Answering Islam''<br />
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==References==<br />
{{Reflist|30em}}<br />
<br />
[[Category:Qur'an]]<br />
[[Category:Shariah (Islamic Law)]]<br />
[[Category:Child Marriage]]<br />
[[Category:Human rights]]<br />
[[Category:Marriage]]<br />
[[Category:Women]]<br />
[[Category:Criticism of Islam]]<br />
[[Category:Apologetics]]<br />
[[Category:Tafsir]]</div>IbnPinkerhttps://wikiislam.net/index.php?title=Child_Marriage_in_the_Qur%27an&diff=134320Child Marriage in the Qur'an2022-01-10T20:09:26Z<p>IbnPinker: /* Linguistic Analysis of Verse in Arabic */</p>
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The subject of child marriage per se never arises in the Qur'an. Yet the Qur'an deals indirectly with the topic. The subject of the [['Iddah]] or "(waiting) period" of a woman is dealt with frequently in the Qu'ran. Summarized briefly, the Qur'an lays down strict rules (based largely on the women's menstruation cycles or lack thereof) for how long a woman must wait in between the end of one marriage and the beginning of another, and the purpose in the pre-modern, patriarchal societies in which the [[Shari'ah]] was codified was to ensure that a woman would not marry a new man while pregnant from her last husband and impute fathership of her baby to the wrong husband. Pursuant to these rules the Qur'an in verse 33:49 states that no [['Iddah]] is prescribed for a woman who has ''not'' had intimate contact with her husband, but goes on to stipulate an [['Iddah]] for pre-pubescent girls in verse 65:4, implying that pre-pubescent girls can be divorced, with the implication that it is possible to marry them. This has been interpreted in the orthodox Sunni Muslim tradition to mean that the[[Qur'an]] supports marrying and having sex with prepubescent girls. Despite the discomfort that this causes for modern readers, the conclusion (which is drawn explicitly in sahih hadith and tafsir traditions around this and related Qur'anic verse) seems to be that the Qur'an endorses sexual intercourse (as a part of Islamic marriage) with pre-pubescent girls. <br />
[[File:Women protesters.jpg|right|thumb|300px|March 23, 2010: Women protesters hold up copies of the Qur'an outside parliament in Sanaa while stating that a proposed law banning marriages under the age of 17 in Yemen is un-Islamic<ref>[http://www.irinnews.org/Report.aspx?ReportId=88589 YEMEN: Deep divisions over child brides] - IRIN, March 28, 2010</ref>]] <br />
==Introduction==<br />
<br />
The Qur'an has stipulated a waiting period which women must observe before they can remarry. This waiting period must be observed after they are divorced, or if their husbands have died. In the Qur'an, this is called '<nowiki/>''[[Iddah]]'' or '''Iddat'' (العدة). However, there is one exception to this requirement in Qur'an 33:49:<br />
<br />
{{Quote|{{Quran|33|49}}| {{right|<br />
ياايها الذين امنوا اذا نكحتم المؤمنات ثم طلقتموهن من قبل ان تمسوهن فمالكم عليهن من عدة تعتدونهافمتعوهن وسرحوهن سراحا جميلا<br />
}}<br />
'''Transliteration:''' ''Ya ayyuha allatheena amanoo itha nakahtumu almuminati thumma tallaqtumoohunna min qabli an tamassoohunna fama lakum AAalayhinna min AAiddatin taAAtaddoonaha famattiAAoohunna wasarrihoohunna sarahan jameelan''<br />
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'''Sahih International:''' O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
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From the verse above it is understood that 'Iddah (stipulated waiting period) is required if sexual contact has occurred within the marriage. If a woman is not touched by her husband, she should not have to observe any waiting period at all.<br />
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After the mention of women who have not had their marriage consummated, the Qur'an goes further - discussing the women who need to observe the 'iddah, and the span of time required. We see in Qur'an 65.4: <br />
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{{Quote|{{Quran|65|4}}|{{right|<br />
واللائي يئسن من المحيض من نسائكم ان ارتبتم فعدتهن ثلاثة اشهر واللائي لم يحضن واولات الاحمال اجلهن ان يضعن حملهن ومن يتق الله يجعل له من امره يسرا<br />
}} <br />
'''Transliteration:''' ''Waalla-ee ya-isna mina almaheedi min nisa-ikum ini irtabtum faAAiddatuhunna thalathatu ashhurin waalla-ee lam yahidna waolatu al-ahmali ajaluhunna an yadaAAna hamlahunna waman yattaqi Allaha yajAAal lahu min amrihi yusran''<br />
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'''Sahih International:''' 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. And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease.}}<br />
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Here the 'Iddah is prescribed to three categories of women:<br />
<br />
#First the phrase: “Yaisna min al-maheedhi” يئسن من المحيض which means “those women who are desperate of menses” is an indication to women who reached the stage of menstruation but do not menstruate and of those who reached menopause. Desperate of menses underlines that it concerns women who though reached the age, fail to menstruate too. Their 'Iddah period is three months.<br />
#Next comes, “Wallaee Lam yahidhna” واللائي لم يحضن which means “those who have not menstruated yet” This group of females are pre-pubescent girls who have not yet menstruated. Here the 'Iddah prescribed for them is equal to the previous group of women (ie. three months).<br />
#Lastly, the women who are pregnant - their prescribed 'iddah is until they have given birth.<br />
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==Linguistic Analysis of Verse in Arabic==<br />
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The Qur'an says in Arabic:<br />
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{{Quote|1=[http://quran.al-islam.com/Tafseer/DispTafsser.asp?l=arb&taf=GALALEEN&nType=1&nSora=65&nAya=4 Quran 65:4]<BR>Tafsir from al-Islam.com<br />
|2= {{right|<br />
واللائي لم يحضن فعدتهن ثلاثة أشهر <br />
}}<br />
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"and those who never had menses" (because they are underage)}} <br />
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The transliteration of the verse and the meaning of each portion of the verse is given below:<br />
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''واللائي لم يحضن" فعدتهن ثلاثة أشهر'' <br />
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''Wa Al-Lā'ī Lam Yaĥiđna'' <br />
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''wa'' ( <font size="4">وَ</font> ) = and<br />
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''Al-Lā'ī'' ( <font size="4">وَاللَّائِي</font> ) = for those who<br />
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''Lam'' ( <font size="4">لَمْ </font>) = did not (negation in past tense) <ref name="EB">Elabbas Benmamoun, Arabic morphology: The central role of the imperfective, Lingua 108 (1999) 175-201</ref> <br />
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''Yaĥiđna'' ( <font size="4">يَحِضْنَ</font> ) = menstruate. <br />
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''Yaĥiđna'' comes from the verbal root H-Y-D ( <font size="4">حيض</font> ) which means "to menstruate". <br />
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The addition of prefix "Ya" and suffix "na" to the root "HYD" shows that the word is used in used in third person, feminine gender, plural, imperfective aspect, jussive mood.<ref>[[w:Arabic grammar|Arabic grammar]] - Wikipedia</ref><br />
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The imperfective aspect, according to traditional understanding of classical Arabic grammar, by itself lacks any tense feature (as is true of other classical Semetic languages such as Hebrew). <ref name="EB" /> The tensed negatives like ''lam'' ( <font size="3">لَمْ </font> ) (negation in past tense), ''lan'' ( <font size="3">لن</font> ) (negation in future tense), ''laa'' ( لا) (negation in present tense) combined with imperfective (in different moods) decide the tense in the case of a negative sentence. <br />
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Thus ''lam Yadrus لم يدرس'' = He did not study. The verb is in the imperfect tense, but the partical lam لم conveys a meaning of a simple, negated past. <br />
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In the verse 65:4, '''''Lam Yaĥiđna'' لم يحضن= 'those who did not menstruate'.''' The meaning here is that the females being referred to have not, yet, menstruated, ie they are pre-pubescent. <br />
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The imperfective verb in the with the negation particle ''lam'' ( <font size="3">لَمْ </font> ) (indicating a past-tense meaning) is in the [[w:Grammatical mood#Jussive|Jussive]] mood(يعني المضارع المجزوم). <ref name="EB" /> <br />
<br />
{{Quote||'''The mood is similar to the cohortative mood, in that it expresses plea, insistence, imploring, self-encouragement, wish, desire, intent, command, purpose or consequence.''' In some languages, the two are distinguished in that cohortative occurs in the first person and the jussive in the second or third. It is found in Arabic, where it is called the مجزوم, majzum. The rules governing the jussive in Arabic are somewhat complex. <ref>[[w:Grammatical mood#Jussive|Jussive]] - Wikipedia</ref>|}} <br />
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Supporting these meanings, from Lane's lexicon, ''Lam'' ({{arabic|لم }}) means 'not':<br />
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{{Quote|1=Lane's Lexicon for ''Lam''|2=Lam = ل<br />
<br />lam = Negative particle giving to the present the sense of the perfect; not.<ref>[http://www.studyquran.co.uk/13_LAM.htm Lam = ل] - StudyQuran</ref>}}<br />
<br />
From the Lexicon, Arabic word for Menstruate is 'Haid' ({{arabic|حيض}}):<br />
{{Quote|1= Lane's Lexicon for ''Haa''|2=Ha-Ya-Dad (Ha-Alif-Dad) = To have her courses, menstruate; Her blood flowed from her womb, to attain the age of menstruation, to make a thing flow.<br />
<br />
hada vb. (1) impf. act. 65:4<br />
<br />
mahid n.m. 2:222<br /><br />
Lane's Lexicon, Volume 2, page: 322, 323<ref>[http://www.studyquran.co.uk/9_HAA.htm ح = Ha] - StudyQuran</ref>}}<br />
<br />
It thus follows that 65:4 is describing the state of women have not yet menstruated, which would logically include children or girls before puberty or attainment of [[w:menarche|menarche]] (first period). This implication, as seen below, was also drawn by the majors [[tafsir|tafsirs]]. <br />
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The exact translation of this portion of {{Quran|65|4}} is thus ''"Not menstruated yet"'' ( <font size="4">لَمْ يَحِضْنَ</font> ). In Arabic, the menstruation process is called HaiD( <font size="4">حيض</font> ), and the verb for "to menstruate" is yaHiD( <font size="4">يَحِض</font> ), with the noun likely being derivative of the verb (as with most but not all derivations in Arabic). The LAM ( <font size="4">لَمْ </font> )clearly shows that the verb refers to women who menstruated, and the na ( <font size="4">نَ</font> ) at the end of the verb drives home the point that this verb speaks of women. “Not menstruated yet” or some similar translation is the only acceptable English translation.<br />
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This verse 65:4 is read by the tafsirs as a continuation of Qur'an 33:49. A question that naturally arises from these verses, and which was more or less answered by the mufassiruun, is 'if a woman who has not had sex should not have to observe any Iddah at all, as mentioned in 33:49, what is the reason for the prescribed 'Iddah for those women who have not yet menstruated?' The seems to be that marrying pre-pubescent girls and having sex with them is sanctioned by the Qur'an.<br />
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The phrase found in Qur'an 65:4 as "wallaee lam yaHiDhna" واللائي لم يحضن is sometimes mistranslated by [[apologists]] by apologists to mask the fact that pre-pubescent girls are normally understood as the intended meaning here; the exact meaning of the phrase is clearly understood this way in the [[Tafsir]]<nowiki/>s.<br />
<br />
==Tafsirs of the Verse==<br />
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The classical tafsirs are unanimous that this verse prescribes the 'iddah for a pre-pubscent woman. Although not spelled out explicitly in the verse itself, this meaning is clearly the one that was taken away by the orthodox Sunni muslim exegetical tradition. <br />
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===Sayyid Abul Ala Maududi===<br />
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{{quote |1=[http://www.islamicstudies.info/tafheem.php?sura=65 Commentary on Qur'an Chapter 65:4]<BR>Sayyid Abul Ala Maududi, Tafhim al-Qur'an|2= Here, one should bear in mind the fact that according to the explanations given in the Quran 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 Quran has held as permissible.}}<br />
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Note here what Maududi mentions on giving pre-pubescent girls in marriage and consummating the marriage with them. The interpreter affirms it is permitted by the Qur'an and no Muslims can question or forbid it.<br />
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===Shaykh Muhammad ibn ‘Uthaymeen===<br />
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{{quote |Shaykh Muhammad ibn ‘Uthaymeen, Majmoo’at As’ilah tahumm al-Usrah al-Muslimah, p. 61-63|Surah al-Talaaq 65:4: <br />
If a woman does not menstruate, either because she is very young or old and past menopause, then her ‘iddah is three months, because Allaah says (interpretation of the meaning): “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.<ref>[http://www.islamqa.com/index.php?ln=eng&ds=qa&QR=12667 The ‘iddah of a woman divorced by talaaq] - Islam Q&A, Fatwa No. 12667</ref>}}<br />
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The reason for bringing two more recent scholars is to show that ''nothing has changed'' in the Islamic tenets on marrying and having sex with pre-pubescent girls, even in this modern era.<br />
<br />
==='Ibn Kathir===<br />
<br />
{{quote |1=[http://www.tafsir.com/default.asp?sid=65&tid=54196 The `Iddah of Those in Menopause and Those Who do not have Menses (Qur'an 65:4)]<BR>Tafsir Ibn Kathir |2= 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 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.}}<br />
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===Al-Jalalayn===<br />
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{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir al-Jalalayn|2= 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.}}<br />
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===Ibn Abbas===<br />
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{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Tafsir Ibn Abbas|2= (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.}} <br />
<br />
===Al-Wahidi===<br />
<br />
{{quote |1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0 Qur'an 65:4]<BR>Al-Wahidi, Asbab al-nuzul|2= (And for such of your women as despair of menstruation…) [65:4]. Said Muqatil: “When the verse (Women who are divorced shall wait, keeping themselves apart…), Kallad ibn al-Nu‘man ibn Qays al-Ansari said: ‘O Messenger of Allah, '''what is the waiting period of the woman who does not menstruate and the woman who has not menstruated yet?''' And what is the waiting period of the pregnant woman?’ '''And so Allah, exalted is He, revealed this verse”.''' Abu Ishaq al-Muqri’ informed us> Muhammad ibn ‘Abd Allah ibn Hamdun> Makki ibn ‘Abdan> Abu’l-Azhar> Asbat ibn Muhammad> Mutarrif> Abu ‘Uthman ‘Amr ibn Salim who said: “When the waiting period for divorced and widowed women was mentioned in Surah al-Baqarah, Ubayy ibn Ka‘b said: ‘O Messenger of Allah, some women of Medina are saying: there are other women who have not been mentioned!’ He asked him: ‘And who are they?’ He said: '''Those who are too young [such that they have not started menstruating yet]''', those who are too old [whose menstruation has stopped] and those who are pregnant’. And so this verse (And for such of your women as despair of menstruation…) was revealed”.}}<br />
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===Al-Tabari===<br />
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{{Quote|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.'''}}<br />
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===Al-Zamakhshari===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=2&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Al-Zamakhshari, Al-Kashshaaf|2= {{right|<br />
روي أن ناساً قالوا: قد عرفنا عدة ذوات الأقراء، فما عدة اللائي لا يحضن؛ فنزلت: فمعنى إِنِ ٱرْتَبْتُمْ }: إن أشكل عليكم حكمهن وجهلتم كيف يعتددن فهذا حكمهنّ، وقيل: إن ارتبتم في ذم البالغات مبلغ اليأس وقد قدروه بستين سنة وبخمس وخمسين، أهو دم حيض أو استحاضة؟ { فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ } وإذا كانت هذه عدة المرتاب بها، فغير المرتاب بها أولى بذلك '''{ وَٱلَّٰۤئى لَمْ يَحِضْنَ }''' هن الصغائر''' }}<br />
<br />
It is said that people said: we have known the period of the literate people, what is the waiting period of those who do not menstruate; it was revealed its meaning that "if you doubted", ie if the correct judgement is not clear and you do not know how to reckon their 'iddah this is to be the correct judgement. And it is asked if you doubted the women who have despaired of further menstruation, and they see more blood, is it menstruation or spotting? (Quoting the Qur'an)"Their waiting period is 3 months." And if this number the one which is accounted for here, for those cases which are not account for (quoting the Qur'an) "and for those how have not menstruated yet" these are the small female children. }}<br />
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The bold text means “Those who have not menstruated” are young girls.<br />
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===Tabrasi===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=3&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=7&Size=1&LanguageId=1 Qur'an 65:4]<BR>Tabrasi|2= {{right|{واللآئي لم يحضن}<br />
<br />
تقديره واللآئي لم يحضن إن ارتبتم فعدتهن أيضاً ثلاثة أشهر وحذف لدلالة<br />
الكلام الأول عليه وهن اللواتي '''لم يبلغن''' المحيض ومثلهن تحيض على ما مرَّ بيانه.}}<br />
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"And those who have not yet menstruated" ie for those who have not yet menstruated their waiting period is three months, negating the reference to the previous verse, these are those women who have not yet reached the age of menstruation and those like them who's menstruation escapes observation. }}<br />
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The bold text translates as “They are those who haven’t reached the age of menstruation”. Tabrasi comments on the phrase “Wallaee Lam yahidhna” = “Those who have not menstruated yet” in the verse.<br />
<br />
===Al-Shawkani===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=9&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=3&Size=1&LanguageId=1 Qur'an 65:4]<BR>Al-Shoukani, Fath al-Qadir|2= {{right|<br />
{ فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍ '''وَٱللاَّئِى لَمْ يَحِضْنَ } لصغرهن، وعدم بلوغهن سن المحيض،''' أي: فعدتهن ثلاثة أشهر }}<br />
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Due to their youth, and their lack of reaching adult age, (quoting the Qur'an) "their waiting period is 3 month" and "those who have not menstruated yet"). IE the waiting period of these ones is 3 months. }}<br />
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The bold part translated as: “Those who have not menstruated yet” are young girls who have not reached the age of menstruation.<br />
<br />
===Abu-Hayyan===<br />
<br />
{{quote |1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=19&tSoraNo=65&tAyahNo=4&tDisplay=yes&UserProfile=0&LanguageId=1 Qur'an 65:4]<BR>Abu-Hayyan|2= {{right|{واللائي لم يحضن }<br />
<br />
<br />
،فالعدة هذه، فتلخص في قوله: { إن ارتبتم } قولان: أحدهما، أنه على ظاهر مفهوم اللغة فيه، وهو حصول الشك؛ والآخر، أن معناه التيقن للإياس؛ والقول الأول معناه: إن ارتبتم في دمها، أهو دم حيض أو دم علة؟ أو إن ارتبتم في علوق بحمل أم لا؛ أو إن ارتبتم: أي جهلتم عدتهن، أقوال. والظاهر أن قوله: واللائي '''لم يحضن''' } يشمل من لم يحض لصغر، }}<br />
<br />
As for the waiting period, it is summed up in its saying (quoting the Qur'an) "if you doubted", with two meanings: one of them, which appears exceedingly understandable, 'this is in the case of doubt'; and the other, whose meaning is certainly "have reached to the point of despair." The meaning of the first: if you doubted her blood, is it menstrual blood or caused by an illness or health irregularity? Or perhaps if you suspect a calamity (miscarriage) has happened or not? Or the verses which are for if you are not sure of their waiting period. And this much is clear: (quoting the Qur'an) 'as for those who have not yet menstruated.' This includes those who have not menstruated due to their young age. }}<br />
<br />
The bold: “Those who have not menstruated yet” denotes those not menstruated because of being young.<br />
<br />
==Evidence from the Hadith==<br />
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From Imam Bukhari in his book of Tafsir and hadith collections:<br />
<br />
{{Quote|[http://bewley.virtualave.net/bukhari33.html Sahih Al-Bukhari, Chapter 68: Book of Tafsir]|'''CCCLXXXIV: The Tafsir of Surat at-Talaq'''<BR><BR>Mujahid said that "if you have any doubt" (65:4) means if you do not know whether she menstruates or not. Those who do not longer menstruate and '''those who have not yet menstruated, their 'idda is three months'''.}}<br />
<br />
{{Quote|{{cite web quotebox|url= http://archive.org/download/SahihAl-bukhari9Vol.Set/SahihAl-bukhariVol.7-Ahadith5063-5969.pdf|title= The Translation of the Meanings of Sahih Al-Bukhari|publisher= Dar-us-Salam Publications|isbn= 9960-717-38-0|author= Al-Bukhari (au.), Muhammad M. Khan (tr.)|date= June 1, 1997|series=vol. 7, book 67, ch. 39|page= 57|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Farchive.org%2Fdownload%2FSahihAl-bukhari9Vol.Set%2FSahihAl-bukhariVol.7-Ahadith5063-5969.pdf&date=2013-08-13|deadurl=no}}|'''(39) CHAPTER. Giving one's young children in marriage (is permissible).''' <br />
<br />
By virtue of the Statement of Allah : "...and for those who have no (monthly) <br />
courses (i.e. they are still immature).. (V.65:4) And the 'Idda for the girl before puberty is <br />
three months (in the above Verse). <br />
<br />
'''5133.''' Narrated 'Aishah; that the Prophet wrote the marriage contract with 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).}}<br />
<br />
From Sahih Muslim:<br />
<br />
{{Quote|Capter heading for {{Muslim|8|3309}} to {{Muslim|8|3311}}|Chapter 10: It is permissible for the father to give the hand of his daughter in marriage '''even when she is not fully grown''' up.}}<br />
<br />
The following Muwatta hadith shows it's permissible to marry girls who have not reached puberty:<br />
<br />
{{quote|{{Muwatta|29|33|108|}}|<br />
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."<br />
<br />
'''Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies." '''<br />
<br />
Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.''<br />
<br />
Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."}}<br />
<br />
The following is from Fath al-Bari, the most authoritative commentary on Sahih Al-Bukhari:<br />
<br />
{{Quote|1=|2= {{right|<br />
واللائي لم يحضن , فجعل عدتها ثلاثة أشهر قبل البلوغ ) أي فدل على أن نكاحها قبل البلوغ جائز <br />
}}<br />
<br />
"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."<ref>[http://hadith.al-islam.com/display/Display.asp?Doc=0&Rec=7644 Al-Islam (Arabic text)]</ref><ref>[http://www.islamweb.net/newlibrary/display_book.php?idfrom=9381&idto=9382&bk_no=52&ID=2847 IslamWeb (Arabic text)]</ref>}}<br />
<br />
==Recent Fatwas==<br />
<br />
IslamOnline.net is one of the most popular Islamic fatwa sites on the internet. The following excerpt is taken from a December 2010 fatwa.<br />
<br />
{{Quote|1=[http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamonline.net%2Far%2FIOLCounsel_C%2F1278406761316%2F1278406720653%2F%D9%87%D9%84-%D9%8A%D8%AC%D9%88%D8%B2-%D8%AA%D8%AD%D8%AF%D9%8A%D8%AF-%D8%B3%D9%86-%D8%B2%D9%88%D8%A7%D8%AC-%D9%84%D9%84%D9%81%D8%AA%D9%8A%D8%A7%D8%AA%D8%9F-&date=2011-02-03 Is it permissible to restrict the age at which girls can marry?]<BR>Submitted by Ahmad, IslamOnline, December 24, 2010|2=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.}}<br />
<br />
{{Quote|1=[http://www.webcitation.org/61C5nBLpe <!-- original URL http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=88089 -->Child marriage in Islam]<BR>Islamweb, Fatwa No. 88089, June 24, 2004|2='''Getting married at an early age is something that is confirmed by the book of Allah''', the Sunnah of his Prophet (Sallallahu Alaihi wa Sallam), the consensus of the scholars and the actions of the companions, and the Muslims who came after them. <br />
<br />
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. <br />
<br />
The evidence from the Qur'an is: <br />
<br />
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)<br />
<br />
So, '''Allah set rulings of marriage, divorce and waiting period for the women who have not yet had menses, i.e. the young girls'''.<br />
<br />
The Iddah (waiting period) does not take place except after marriage.}}<br />
<br />
==Modern Views and Perspectives on the Meaning of Qur'an 65:4==<br />
<br />
===The Qur'an prohibits marriage to pre-pubescent females===<br />
<br />
Some Modern [[dawah|du'aah]] who publicly denounce the traditional sources often take issue with the interpretation of the wording of Qur'an 65:4 in these source. They see the verse as limited to women of current-day adulthood and not pre-pubescent women (again taking as a starting point modern modes of understanding "adulthood" for women.<ref>{{Cite web| title = Does verse 65:4 encourage child marriage?| author = Abu Amina Elias AKA Justin Parrott| work = Faith in Allah الإيمان بالله "Any practice that causes harm to children is unlawful in Islam."| date = | access-date = 6 January 2022| url = https://www.abuaminaelias.com/verse-65-4-child-marriage/| quote = }}</ref>. Qur'an 4:6 is often leveraged as part of this argument:<br />
<br />
{{quote|{{Qtt|4|6}}|<br />
{{right|وابتلوا اليتامى حتى اذا بلغوا النكاح فان انستم منهم رشدا فادفعوا اليهم اموالهم ولاتاكلوها اسرافا وبدارا ان يكبروا ومن كان غنيا فليستعفف ومن كان فقيرا فلياكل بالمعروف فاذا دفعتم اليهم اموالهم فاشهدوا عليهم وكفى بالله حسيبا<br />
}}<br />
<br />
'''Transliteration:''' Waibtaloo alyatama hatta itha balaghoo aln'''nikaha''' fa-in anastum minhum rushdan faidfaAAoo ilayhim amwalahum wala ta/kulooha israfan wabidaran an yakbaroo waman kana ghaniyyan falyastaAAfif waman kana faqeeran falya/kul bialmaAAroofi fa-itha dafaAAtum ilayhim amwalahum faashhidoo AAalayhim wakafa biAllahi haseeban<br />
<br />
'''Yusuf Ali:''' Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is Allah in taking account. <br />
<br />
'''Pickthal:''' Prove orphans till they reach the marriageable age; then, if ye find them of sound judgment, deliver over unto them their fortune; and devour it not by squandering and in haste lest they should grow up Whoso (of the guardians) is rich, let him abstain generously (from taking of the property of orphans); and whoso is poor let him take thereof in reason (for his guardianship). And when ye deliver up their fortune unto orphans, have (the transaction) witnessed in their presence. Allah sufficeth as a Reckoner.<br />
<br />
'''Shakir:''' And test the orphans until they attain puberty; then if you find in them maturity of intellect, make over to them their property, and do not consume it extravagantly and hastily, lest they attain to full age; and whoever is rich, let him abstain altogether, and whoever is poor, let him eat reasonably; then when you make over to them their property, call witnesses in their presence; and Allah is enough as a Reckoner.}}<br />
<br />
The word [[Nikah]] can have multiple understandings:<br />
<br />
#According to the Islamic Shar'iah, "Nikah" is a technical term, whose Shar'i (Islamic legal) meaning is "the consumation of a marriage through vaginal intercourse" and in many Islamic languages and cultures, such as Urdu speaking Muslims in South Asia, this by extension merely means "(Islamic) marriage." In Arabic, though , ''Zuwaaj'' زواج<ref>[http://www.studyquran.co.uk/28_ZAY.htm Lane's Lexicon - Zay-Waw-Jiim]</ref> is the specific word for just "marriage" (although the contract of marriage which both parties sign is called "'aqd an-nikaah" عقد النكاح), but the Qur'an uses both words in reference to marrying women; Nikaah for human females and Zuwaaj for the Houris.<br />
#The underlying, literal meaning of "Nikaah" in Arabic language is vaginal, "[[Nikah (Sexual Consummation of Marriage)|Sexual Intercourse]]"<br />
<br />
Few Modern du'aah use this word "Nikaah" in this verse to mean "marriage" (i.e. till they (the orphans) reach the age of marriage). Their argument is that this verse links the age of "Nikaah" with "becoming sound in Judgement to take care of the property", and thus a child's Nikaah is impossible while a child does not have the sound judgement to take care of his/her property. <br />
<br />
But contrary to these modern Islamic advocates, the traditional view of Muslim 'ulamaa' of the last 1400 years was that word "Nikaah" had been used in it's literal meaning here (i.e. reaching the age where they are able to do the sexual intercourse). And their arguments are as follows:<br />
<br />
Firstly, this verse is talking about the "male orphans" and not about the "female orphans". It becomes evident from the Arabic word بَلَغُوا (balaghū) in this verse, and the Arabic grammar used in it is (3rd person '''masculine''' plural perfect verb). This Arabic grammar could be seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=4&verse=6 Corpus Quran Website]. <br />
<br />
Thus the exact translation of this verse becomes: "''And test the ('''male''') orphans until they reach the age of (doing) the '''sexual intercourse (i.e. Nikah)'''. Then if you perceive in them sound judgement, release their property to them ...''."<br />
<br />
Secondly, it becomes even more evident from another verse of Quran 17:34:<br />
<br />
{{Quote|{{Quran|17|34}}|وَلَا تَقْرَبُوا۟ مَالَ ٱلْيَتِيمِ إِلَّا بِٱلَّتِى هِىَ أَحْسَنُ حَتَّىٰ يَبْلُغَ '''أَشُدَّهُۥ''' ۚ </br><br />
Come not nigh to the orphan's property except to improve it, until he attains the age of '''full strength'''}}<br />
<br />
The word أَشُدَّهُ (full strength) in this verse means the age when a young boy starts feeling the desire/strength of doing sexual intercourse. <br />
<br />
And the Arabic grammar in the word يَبْلُغَ in this verse is '''"3rd person masculine singular imperfect verb"''', which again points out that this verse is talking about the "male orphans" only. This Arabic grammar could be again seen at the [https://corpus.quran.com/wordbyword.jsp?chapter=17&verse=34 Corpus Quran Website].<br />
<br />
It should be noted that:<br />
<br />
*As far as Shari'i 'aqd an-Nikaah (marriage) is concerned, then there is no condition present in it of reaching the أَشُدَّهُ (i.e. Strength to do the intercourse).<br />
*And the proof is that Muhammad himself did the Shari'i Nikah with 'Aisha, when she was only 6 years old.<br />
*And no one tests a 6 years old child for handing over his/her property to him/her, as 6 years old child has neither أَشُدَّهُ (Strength/Desire) nor he/she has any kind of "sound judgement" to look after his/her property.<br />
<br />
Thus, the Shar'i Nikah has nothing to do with the أَشُدَّهُ (strength), as Muhammad did this Shar'i Nikah with 6 years 'Aisha. <br />
<br />
Actually, even at the age of 9, when 'Aisha finally came to the house of Muhammad for the consummation of marriage, still she was not mentally sound enough to look after any property or business. It is evident from the following hadith:<br />
<br />
{{Quote|{{Bukhari|||6130|darussalam}}|Narrated `Aisha:<br />
<br />
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 (ﷺ) used to enter (my dwelling place) they used to hide themselves, but the Prophet would call them to join and play with me.}}<br />
<br />
According to Islamic Sharia:<br />
<br />
*When a girl reaches puberty, then she herself gets the right to give her consent for the marriage, or to deny the marriage.<br />
*But if she is a minor or prepubescent girl, then her father/guardian could wed her to anyone even without her consent<ref>[https://islamqa.info/en/answers/12708/is-it-acceptable-to-marry-a-girl-who-has-not-yet-started-her-menses The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. Fatwa Website Islam Q&A.] </ref>.<br />
*And if she is a prepubescent and also an orphan, then her guardian has the right to wed her with himself (even without her consent), in order to get her property and the wealth.<br />
<br />
It is evident from the following hadith: <br />
<br />
{{Quote|{{Bukhari|||5064|darussalam}}|Narrated 'Urwa:<br />
<br />
that he asked `Aisha about the Statement of Allah: '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) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! '''(This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr''', and they are ordered to marry other women instead of them."}}<br />
<br />
And it is also evident from the following Quranic Verse: <br />
<br />
{{Quote|{{Quran|4|127}}|You also read them (the guardians) in the Book concerning orphaned women (in your charge) '''to whom you deny their ordained rights and yet wish to take them in marriage''', as well as in respect of helpless children, that you should be just in the matter of orphans." The good you do is known to God.}}<br />
<br />
Thus a prepubescent girl is practically at the mercy of her guardian, and he could marry her to himself, even without her consent, and even for very little Mahr price. <br />
<br />
The Tafsir's agree with this understanding of 4:6:<br />
<br />
{{quote|1=[http://tafsir.com/default.asp?sid=4&tid=10463 Giving Back the Property of the Orphans When They Reach Adulthood (Qur'an 4:6)]<BR>Tafsir Ibn Kathir|2=<br />
'''Giving Back the Property of the Orphans When They Reach Adulthood'''<br />
<br />
Allah said,<br />
{{right|<br />
[وَابْتَلُواْ الْيَتَـمَى]<br />
}}<br />
(And test orphans) meaning, test their intelligence, as Ibn `Abbas, Mujahid, Al-Hasan, As-Suddi and Muqatil bin Hayyan stated.<br />
{{right|<br />
[حَتَّى إِذَا بَلَغُواْ النِّكَاحَ]<br />
}}<br />
(until they reach the age of marriage), the age of puberty, according to Mujahid. The age of puberty according to the majority of scholars comes when the child has a wet dream. In his Sunan, Abu Dawud recorded that `Ali said, "I memorized these words from the Messenger of Allah ,<br />
{{right|<br />
«لَا يُتْمَ بَعْدَ احْتِلَامٍ، وَلَا صُمَاتَ يَوْمٍ إِلَى اللَّيْل»<br />
}}<br />
(There is no orphan after the age of puberty nor vowing to be silent throughout the day to the night.) In another Hadith, `A'ishah and other Companions said that the Prophet said,<br />
{{right|<br />
«رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ، عَنِ الصَّبِيِّ حَتَّى يَحْتَلِمَ، وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ، وَعَنِ الْمَجْنُونِ حَتَّى يُفِيق»<br />
}}<br />
s(The pen does not record the deeds of three persons: the child until the age of puberty, the sleeping person until waking up, and the senile until sane.) Or, the age of fifteen is considered the age of adolescence. In the Two Sahihs, it is recorded that Ibn `Umar said, "I was presented in front of the Prophet on the eve of the battle of Uhud, while I was fourteen years of age, and he did not allow me to take part in that battle. But I was presented in front of him on the eve of the battle of Al-Khandaq (The Trench) when I was fifteen years old, and he allowed me (to join that battle).'' `Umar bin `Abdul-`Aziz commented when this Hadith reached him, "This is the difference between a child and an adult.'' There is a difference of opinion over whether pubic hair is considered a sign of adulthood, and the correct opinion is that it is. The Sunnah supports this view, according to a Hadith collected by Imam Ahmad from `Atiyah Al-Qurazi who said, We were presented to the Prophet on the day of Qurizah, whoever had pubic hair was killed, whoever did not was left free to go, I was one of those who did not, so I was left free.'' The Four Sunan compilers also recorded similar to it. At-Tirmidhi said, "Hasan Sahih.'' Allah's statement,<br />
{{right|<br />
[فَإِنْ ءَانَسْتُمْ مِّنْهُمْ رُشْداً فَادْفَعُواْ إِلَيْهِمْ أَمْوَلَهُمْ]<br />
}}<br />
(if then you find sound judgment in them, release their property to them,) Sa`id bin Jubayr said that this portion of the Ayah means, when you find them to be good in the religion and wise with their money. Similar was reported from Ibn `Abbas, Al-Hasan Al-Basri and others among the Imams. The scholars of Fiqh stated that when the child becomes good in the religion and wise concerning with money, then the money that his caretaker was keeping for him should be surrendered to him.}}<br />
<br />
{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsir al-Jalalayn|2=<br />
{{right|<br />
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
Try, test, well the orphans, before reaching maturity with regard [the duties of] religion and [before] they can [legally] manage their own affairs, until they reach the age of marrying, that is, until they have become eligible for it through puberty or [legal] age, which, according to al-Shāfi‘ī, is the completion of fifteen years; then, if you perceive in them maturity, that is, right [judgement] in matters of religion and their property, deliver their property to them; consume it not, O guardians, wastefully, without due merit, and in haste, that is, hastening to expend it, fearing, lest they should grow up, and become mature, at which time you will be obliged to hand it over to them. If any man, who is a guardian, is rich, let him be abstinent, that is, let him abstain from the orphan’s property and refrain from consuming it; if he is poor, let him consume, of it, honourably, that is, in line with the wage for his work. And when you deliver to them, the orphans, their property, take witnesses over them, that they have received it and that you are absolved [of the obligation], so that if any dispute occurs, you are able to refer to a clear proof: this is a command [intended] for guidance. God suffices as a reckoner, as a guardian of His creatures’ deeds and as a reckoner of these [deeds] (the bā’ [in bi’Llāhi] is extra).}}<br />
<br />
{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Tafsîr Ibn Abbas|2=<br />
{{right|<br />
{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
}}<br />
(Prove orphans) test the intelligence of orphans (till they reach the marriageable age) the age of puberty; (then, if ye find them of) if you see that they possess (sound judgement) righteousness in Religion and a tendency to protect their wealth, (deliver over unto them their fortune) then give their wealth which is with you; (and devour it not squandering) it in transgression and unlawfully (and in haste) in haste lest the orphan grows older and consumes it little by little (lest they should grow up) for fear that they grow older and stop you from devouring their wealth. (Whoso (of the guardians) is rich) and needs not the orphan's wealth, (let him abstain generously) because of his richness from taking of the property of orphans, nor should he diminish anything from their wealth; (and whoso is poor) and needy (let him take thereof in reason (for his guardianship)) in measure, such that he is not in need for the wealth of orphans; it is also said that this means: he should take from the wealth of orphans in proportion with the measure of his work regarding this wealth; and it is also said that this means: he can take from the wealth of orphans as a loan to be paid back. (And when ye deliver up their fortune unto orphans) when they reach the legal age, (have (the transaction) witnessed in their presence) when you deliver it to them. (Allah sufficeth as a Reckoner) Allah suffices as a witness. This verse was revealed about Thabit Ibn Rifa'ah al-Ansari.}}<br />
<br />
{{quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=86&tSoraNo=4&tAyahNo=6&tDisplay=yes&UserProfile=0&LanguageId=2 Qur'an 4:6]<BR>Al-Wahidi, Asbab Al-Nuzul|2=<br />
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{ وَٱبْتَلُواْ ٱلْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُمْ مِّنْهُمْ رُشْداً فَٱدْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِٱلْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَىٰ بِٱللَّهِ حَسِيباً }<br />
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(Prove orphans…) [4:6]. This was revealed about Thabit ibn Rifa‘ah and his uncle. Rifa‘ah died when his son Thabit was very young. The uncle of Thabit went to the Messenger of Allah, Allah bless him and give him peace, and said: “The son of my brother is an orphan under my care, what is lawful for me from his wealth? And when should I give him back his wealth?” And so Allah, exalted is He, revealed this verse.}}<br />
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===The Arabic word “Nisaa'” does not refer to young females===<br />
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Some defenders of the Qur'an, speaking in English, claim that the Qur'an only uses the word ''Nisaa''' to refer to mature, adult women, therefore 65:4 cannot be talking about pre-pubescent females.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = Kaleef K. Karim| work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = that the Arabic word ‘Nisa’ could also refer to ‘female children’. Let us take a look in Arabic-English dictionaries. The Arabic word ‘Nisa’ has been used 59 times in the Quran. Not once has the word ‘Nisa’ been used for a ‘child(ren)’, it has always referred to mature adult women. Dr. Rohi Baalbaki, says in Al-Mawrid: A modern Arabic-English Dictionary:}}</ref> This linguistic argument does not hold water, even just on the basis of the Qur'an itself as a text. The word merely means "women/females" and can refer to mixed groups of women of various ages, as the English "female" or "women." Here are some verses that use the word ''"nisaa'"'':<br />
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{{Quote|{{Quran|2|49}}|وَإِذْ نَجَّيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ يُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith najjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' And remember, We delivered you from the people of Pharaoh: They set you hard tasks and punishments, slaughtered your sons and let your women-folk live; therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|7|127}}|وَقَالَ ٱلْمَلَأُ مِن قَوْمِ فِرْعَوْنَ أَتَذَرُ مُوسَىٰ وَقَوْمَهُۥ لِيُفْسِدُوا۟ فِى ٱلْأَرْضِ وَيَذَرَكَ وَءَالِهَتَكَ ۚ قَالَ سَنُقَتِّلُ أَبْنَآءَهُمْ وَنَسْتَحْىِۦ نِسَآءَهُمْ وَإِنَّا فَوْقَهُمْ قَٰهِرُونَ<br />
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'''Transliteration:''' ''Waqala almalao min qawmi firawna atatharu moosa waqawmahu liyufsidoo fee alardi wayatharaka waalihataka qala sanuqattilu abnaahum wanastahyee '''Nisa'''ahum wainna fawqahum qahiroona'' <BR><BR><br />
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'''Yusuf Ali:''' Said the chiefs of Pharaoh’s people: “Wilt thou leave Moses and his people, to spread mischief in the land, and to abandon thee and thy gods?” He said: “Their male children will we slay; (only) their females will we save alive; and we have over them (power) irresistible."}}<br />
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{{Quote|{{Quran|7|141}}|وَإِذْ أَنجَيْنَٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ ۖ يُقَتِّلُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith anjaynakum min ali firawna yasoomoonakum sooa alAAathabi yuqattiloona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' And remember we rescued you from Pharaoh’s people, who afflicted you with the worst of penalties, who slew your male children and saved alive your females: in that was a momentous trial from your Lord.}}<br />
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{{Quote|{{Quran|14|6}}|وَإِذْ قَالَ مُوسَىٰ لِقَوْمِهِ ٱذْكُرُوا۟ نِعْمَةَ ٱللَّهِ عَلَيْكُمْ إِذْ أَنجَىٰكُم مِّنْ ءَالِ فِرْعَوْنَ يَسُومُونَكُمْ سُوٓءَ ٱلْعَذَابِ وَيُذَبِّحُونَ أَبْنَآءَكُمْ وَيَسْتَحْيُونَ نِسَآءَكُمْ ۚ وَفِى ذَٰلِكُم بَلَآءٌ مِّن رَّبِّكُمْ عَظِيمٌ<br />
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'''Transliteration:''' ''Waith qala moosa liqawmihi othkuroo niAAmata Allahi AAalaykum ith anjakum min ali firawna yasoomoonakum sooa alAAathabi wayuthabbihoona abnaakum wayastahyoona '''Nisa'''akum wafee thalikum balaon min rabbikum AAatheemun''<BR><BR><br />
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'''Yusuf Ali:''' Remember! Moses said to his people: “Call to mind the favour of Allah to you when He delivered you from the people of Pharaoh: they set you hard tasks and punishments, slaughtered your sons, and let your females live: therein was a tremendous trial from your Lord.}}<br />
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{{Quote|{{Quran|40|25}}|فَلَمَّا جَآءَهُم بِٱلْحَقِّ مِنْ عِندِنَا قَالُوا۟ ٱقْتُلُوٓا۟ أَبْنَآءَ ٱلَّذِينَ ءَامَنُوا۟ مَعَهُۥ وَٱسْتَحْيُوا۟ نِسَآءَهُمْ ۚ وَمَا كَيْدُ ٱلْكَٰفِرِينَ إِلَّا فِى ضَلَٰلٍ<br />
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'''Transliteration:''' ''Falamma jaahum bialhaqqi min AAindina qaloo oqtuloo abnaa allatheena amanoo maAAahu waistahyoo '''Nisa'''ahum wama kaydu alkafireena illa fee dalalin''<BR><BR><br />
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'''Yusuf Ali:''' Now, when he came to them in Truth, from Us, they said, "Slay the sons of those who believe with him, and keep alive their females," but the plots of Unbelievers (end) in nothing but errors (and delusions)!...}}<br />
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In the above verses, the word ''"Nisaa'"'' is referring to female infants. The biblical original of this story, which the Qur'an relies upon and which commentary on the Qur'an confirms in this case, <br />
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{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:15-16;&version=49; Exodus 1:15-16]|2=<br />
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וַיֹּ֨אמֶר֙ מֶ֣לֶךְ מִצְרַ֔יִם לַֽמְיַלְּדֹ֖ת הָֽעִבְרִיֹּ֑ת אֲשֶׁ֨ר שֵׁ֤ם הָֽאַחַת֙ שִׁפְרָ֔ה וְשֵׁ֥ם הַשֵּׁנִ֖ית פּוּעָֽה:וַיֹּ֗אמֶר בְּיַלֶּדְכֶן֙ אֶת־הָ֣עִבְרִיּ֔וֹת וּרְאִיתֶ֖ן עַל־הָֽאָבְנָ֑יִם אִם־בֵּ֥ן הוּא֙ וַֽהֲמִתֶּ֣ן אֹת֔וֹ וְאִם־בַּ֥ת הִ֖וא וָחָֽיָה:<br />
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''"And the king of Egypt spoke to the Hebrew midwives, of whom the name of the one was Shiphrah, and the name of the other Puah; and he said: ‘When ye do the office of a midwife to the Hebrew women, ye shall look upon the birthstool: if it be a son, then ye shall kill him; but if it be a daughter, then she shall live.’''}}<br />
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{{Quote|1=[http://www.biblegateway.com/passage/?search=Exodus%201:22;&version=49; Exodus 1:22]|2=<br />
כבוַיְצַ֣ו פַּרְעֹ֔ה לְכָל־עַמּ֖וֹ לֵאמֹ֑ר כָּל־הַבֵּ֣ן הַיִּלּ֗וֹד הַיְאֹ֨רָה֙ תַּשְׁלִיכֻ֔הוּ וְכָל־הַבַּ֖ת תְּחַיּֽוּן:<br />
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''And Pharaoh charged all his people, saying: ‘Every son that is born ye shall cast into the river, and every daughter ye shall save alive.''}}<br />
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Moreover the Quran itself clarifies “Who the ''Nisa'' are”. <br />
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{{Quote|{{Quran|4|127}}|{{right|<br />
ويستفتونك في النساء قل الله يفتيكم فيهن ومايتلى عليكم في الكتاب في يتامى النساء اللاتي لاتؤتونهن ماكتب لهن وترغبون ان تنكحوهن والمستضعفين من الولدان وان تقوموا لليتامى بالقسط وماتفعلوا من خير فان الله كان به عليما }}<br />
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'''Transliteration:''' ''Wayastaftoonaka fee alnnisa-i quli Allahu yufteekum feehinna wama yutla AAalaykum fee alkitabi fee yatama alnnisa-i allatee la tu/toonahunna ma kutiba lahunna watarghaboona an tankihoohunna waalmustadAAafeena mina alwildani waan taqoomoo lilyatama bialqisti wama tafAAaloo min khayrin fa-inna Allaha kana bihi AAaleeman'' <br />
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'''Literal:''' And they ask for your opinion/clarification about the women, say: "God decreed/clarifies in them (F), and what is read/recited on you in The Book in the women orphans/minors that lose their father, those who (F) you did not give them (F) what was written/dictated to them (F), and you desire that you marry them (F), and the weakened from the children/newborns, and that you take care of to the orphans/minors that lose their father with the just/equitable; and what you make/do from goodness, so that God was/is with it knowledgeable."<ref>[{{Reference archive|1=http://iknowledge.islamicnature.com/quran/surah/4/lang/englishliteral/|2=2011-11-27}} 4. An-Nisa - Women (سورة النساء) - Revealed in Madinah (English: Literal)] - IslamicNature, accessed November 27, 2011</ref>}}<br />
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Here Muhammad is asked who the "Nisaa'" were, and the response delineates who they are:<br />
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#Orphans<br />
#Female wards<br />
#Those you desire to marry<br />
#The weakened from the children or new born.<br />
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===65.4 talks only of the 'Iddah and not of sexual activity===<br />
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One point of focus for modern commentators, seeking to defend the Qur'an from the charge of endorsing pedophilia, is that 65:4 does not explicitly discuss consummation or other sexual activity in regards to any of the females discussed in the verse; it merely sets the prescribed 'Iddah required for each.<ref>{{Cite web| title = Quran 65:4 – The Child Marriage Claim| author = | work = Discover The Truth| date = | access-date = 6 January 2022| url = https://discover-the-truth.com/2016/03/12/quran-654-the-child-marriage-claim/| quote = }}</ref>The 'iddah (prescribed waiting period) for females is required after a divorce or widowing, so that a child's father can be correctly identified. In addition to multiple tafsir and hadith traditions on 65:4, this is also established in Qur'an 33:49: <br />
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{{Quote|{{Quran|33|49}}|<br />
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَٰتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا<br />
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O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}}<br />
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The tafsirs further expound on the meaning of the 'iddah according to this verse:<br />
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{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=1841&Itemid=89#1 A Gift and no (Iddah) for Women Who are divorced before Consummation of the Marriage (Qur'an 33:49)]<BR>Tafsir Ibn Kathir|2= {{right|<br />
(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)}}<br />
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49. O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no `Iddah have you to count in respect of them. So, give them a present, and set them free in a handsome manner.)<br />
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This Ayah contains many rulings, including the use of the word Nikah for the marriage contract alone. There is no other Ayah in the Qur'an that is clearer than this on this point. It also indicates that it is permissible to divorce a woman before consummating the marriage with her.<br />
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(الْمُؤْمِنَـتِ)<br />
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(believing women)<br />
This refers to what is usually the case, although there is no difference between a believing (Muslim) woman and a woman of the People of the Book in this regard, according to scholarly consensus. Ibn `Abbas, may Allah be pleased with him, Sa`id bin Al-Musayyib, Al-Hasan Al-Basri, `Ali bin Al-Husayn Zayn-ul-`Abidin and a group of the Salaf took this Ayah as evidence that divorce cannot occur unless it has been preceded by marriage, because Allah says,<br />
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(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
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(When you marry believing women, and then divorce them) <br />
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The marriage contract here is followed by divorce, which indicates that the divorce cannot be valid if it comes first. Ibn Abi Hatim recorded that Ibn `Abbas, may Allah be pleased with him, said, "If someone were to say, `every woman I marry will ipso facto be divorced,' this does not mean anything, because Allah says:<br />
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(يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
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(O you who believe! When you marry believing women, and then divorce them....).'' It was also reported that Ibn `Abbas, may Allah be pleased with him, said: "Allah said,<br />
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(إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ)<br />
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(When you marry believing women, and then divorce them.) Do you not see that divorce comes after marriage'' A Hadith to the same effect was recorded from `Amr bin Shu`ayb from his father from his grandfather, who said: "The Messenger of Allah said:<br />
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«لَا طَلَاقَ لِابْنِ آدَمَ فِيمَا لَا يَمْلِك»<br />
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(There is no divorce for the son of Adam with regard to that which he does not possess.) This was recorded by Ahmad, Abu Dawud, At-Tirmidhi and Ibn Majah. At-Tirmidhi said, "This is a Hasan Hadith, and it is the best thing that has been narrated on this matter.'' It was also recorded by Ibn Majah from `Ali and Al-Miswar bin Makhramah, may Allah be pleased with them, that the Messenger of Allah said:<br />
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«لَا طَلَاقَ قَبْلَ نِكَاح»<br />
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(There is no divorce before marriage.)<br />
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(فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا)<br />
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(no `Iddah have you to count in respect of them.) This is a command on which the scholars are agreed, that if a woman is divorced before the marriage is consummated, she does not have to observe the `Iddah (prescribed period for divorce) and she may go and get married immediately to whomever she wishes. The only exception in this regard is a woman whose husband died, in which case she has to observe an `Iddah of four months and ten days even if the marriage was not consummated. This is also according to the consensus of the scholars.<br />
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(فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
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(So, give them a present, and set them free in a handsome manner.) The present here refers to something more general than half of the named dowery or a special gift that has not been named. Allah says:<br />
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(وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ)<br />
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(And if you divorce them before you have touched (had a sexual relation with) them, and you have fixed unto them their due (dowery) then pay half of that) (2:237). And Allah says:<br />
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(لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ)<br />
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(There is no sin on you, if you divorce women while yet you have not touched them, nor fixed unto them their due (dowery). But bestow on them gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.) (2:236) pIn Sahih Al-Bukhari, it was recorded that Sahl bin Sa`d and Abu Usayd, may Allah be pleased with them both, said, "The Messenger of Allah married Umaymah bint Sharahil, and when she entered upon him he reached out his hand towards her, and it was as if she did not like that, so he told Abu Usayd to give her two garments.'' `Ali bin Abi Talhah reported that Ibn `Abbas, may Allah be pleased with him, said "If the dowery had been named, she would not be entitled to more than half, but if the dowery is not been named, he should give her a gift according to his means, and this is the "handsome manner.''}}<br />
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{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir al-Jalalayn|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
O you who believe if you marry believing women and then divorce them before you have touched them (read tamassūhunna or tumāsūhunna) that is, before you have copulated with them, there shall be no [waiting] period for you to reckon against them, [no] waiting period [needed to preclude pregnancy] or otherwise. But provide for them, give them what they can use for [securing] comforts, in cases where no dowry has been fixed for them; otherwise theirs is to retain half of what was fixed, but no more — this is what Ibn ‘Abbās said and it is [the opinion] followed by al-Shāfi‘ī’; and release them in a gracious manner, leave them be without [the intention to cause them any] harm.}}<br />
<br />
{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=73&tSoraNo=33&tAyahNo=49&tDisplay=yes&UserProfile=0 Qur'an 33:49]<BR>Tafsir 'Ibn Abbas|2= {{right|<br />
(يٰأَيُّهَا ٱلَّذِينَ آمَنُوۤاْ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً)<br />
}}<br />
(O ye who believe! If ye wed believing women) without naming the amount of their dowry (and divorce them before ye have touched them) before you had sexual intercourse with them, (then there is no period that ye should reckon) by counting the months or the periods of menstruation. (But content them) as is due by divorce by giving them at least a scarf or shawl (and release them handsomely) divorce them without any harm done to them.}}<br />
<br />
This verse effectively removes the apologist's objection to Qur'an 65.4 as we see clearly that if a man has not consummated his marriage with his wife then she does not need to observe an 'iddah. If Qur'an 65.4 specifies that pre-pubescent females must observe a 3 month 'iddah then clearly sexual intercourse is halal to Allah.<br />
<br />
===This verse is only talking about adult women who don't know if they are pregnant===<br />
<br />
The very reason 65:4 was revealed in the first place, was as a clarification to an existing revelation by Allah. Allah had already revealed that women must wait 3 menstrual periods before they can end the 'iddat and be free to marry again. This is in Qur'an 2:228:<br />
<br />
{{quote|{{Quran|2|228}}|'''And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs''', if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and Allah is Mighty, Wise. }}<br />
<br />
However, after this, Muslim men went to Muhammad to ask about those who did not presently have their menses - how do they measure the 'iddat in those cases? It is in this circumstance that Allah sent down the clarification (65:4) for the three groups of women that did not have menstruation, therefore they could not wait the '3 menstrual cycles' as mandated by Qur'an 2:228.<br />
<br />
Those Muslims who make this claim are ignoring what all of their own scholars have said about 65:4; that it is referring to the peri-menopausal and post menopausal women, the pre-pubescent girls and the pregnant women. The women who are currently menstruating are told in Qur'an 2:228 that they must wait 3 menstrual cycles, therefore this apologetic is also debunked.<br />
<br />
===This verse is applied to unconsummated widows===<br />
<br />
Another claim is that Qur'an 65:4 doesn't necessarily mean that Muslim men can have sex with pre-pubescent females because there may be cases where a man has married a pre-pubescent female, but while waiting for her to attain menstruation before consummating the marriage, he died. The 'iddah could be referring to a situation such as this. This claim is invalid because the Qur'an specifies the 'iddah for ''all'' widows to be 4 months and 10 days; in Qur'an 2:234:<br />
<br />
{{Quote|{{Quran|2|234}}|And (as for) those of you who die and leave wives behind, they should keep themselves in waiting for four months and ten days; then when they have fully attained their term, there is no blame on you for what they do for themselves in a lawful manner; and Allah is aware of what you do.}}<br />
<br />
Snce the 'Iddah specified in Qur'an 65.4 is for a different amount of time, this situation would not seem to be the subject of 65:4. <br />
<br />
<br /><br />
==See Also==<br />
<br />
*[[Child Marriage in the Muslim World]]<br />
<br />
{{Translation-links-english|[[Pedophilie_dans_le_Coran|French]]}}<br />
<br />
==External Links==<br />
<br />
*[http://www.answering-islam.org/Quran/Versions/065.004.html Marriage to Minors: Surah At-Talaq (65:4)] - ''Answering Islam''<br />
<br />
==References==<br />
{{Reflist|30em}}<br />
<br />
[[Category:Qur'an]]<br />
[[Category:Shariah (Islamic Law)]]<br />
[[Category:Child Marriage]]<br />
[[Category:Human rights]]<br />
[[Category:Marriage]]<br />
[[Category:Women]]<br />
[[Category:Criticism of Islam]]<br />
[[Category:Apologetics]]<br />
[[Category:Tafsir]]</div>IbnPinkerhttps://wikiislam.net/index.php?title=Lesser_and_Greater_Jihad&diff=134278Lesser and Greater Jihad2022-01-07T00:03:28Z<p>IbnPinker: </p>
<hr />
<div>{{QualityScore|Lead=2|Structure=3|Content=4|Language=3|References=4}}Within the Islamic tradition, the word "jihad" or "struggle" has two specialized meanings: either a personal struggle of self-improvement and following the law of Allah, or as a military struggle or holy war to expand the domain of Islamic political control or to defend Islamic territories and believers from infidel aggressors. The former definition, though designated as the "greater jihad", in fact stems from the latter definition, which is the earlier, more primordial meaning of the word in Islamic religious literature. In fact, this "lesser jihad" seems to have been a fundamental aspect of religious devotion from the earliest times of the [[Believers' movement|believers' movement]], and the earliest material in the Islamic canon refers solely to this aspect of jihad. The former definition was highly influenced by Christian polemic against Islam, which cast it as a "religion of the sword" against the foible of Christianity as preached by Jesus as a religion of "turning the other cheek" to aggressors. <br />
<br />
As Paul M. Cobb, Professor of Near Eastern Languages and Civilizations at the University of Pennsylvania notes, "the 'Greater Jihad,' is often overemphasized by contemporary apologists uncomfortable with the prominent place of jihad in medieval Islamic sources" and "it is also perfectly clear that when medieval Muslims discussed jihad, they were almost always discussing it in the sense of armed struggle against infidels."<ref>{{Citation|author=Paul M. Cobb|publisher=Oxford University Press|year=2016|title=The Race for Paradise: an Islamic History of the Crusades|url=https://global.oup.com/academic/product/the-race-for-paradise-9780190614461?cc=us&lang=en&|page=30|isbn=9780190614461}}</ref> <br />
==Claim==<br />
<br />
The two forms of Jihad in Islam are sometimes explained as follows:<br />
<br />
*Lesser outer jihad (al-jihad al-asghar); a military struggle, i.e. a holy war<br />
*Greater inner jihad (al-jihad al-akbar); the struggle of personal self-improvement against the self's base desires<br />
<br />
It is claimed that this "inner Jihad" essentially refers to all the struggles that a Muslim may go through, in adhering to the religion. For example, a scholarly study of Islam can be an intellectual struggle that some allegedly may refer to as "jihad."<br />
<br />
Adam J. Silverstein, professor of Islamic studies at the Hebrew University of Jerusalem, provides the following summary of the dispute:{{Quote|{{citation|title=Islamic History|year=2010|publisher=Oxford University Press|pages=73-74|author=Adam J. Silverstein|ISBN=978–0–19–954572–8}}|From the 9th and especially the 10th centuries, many Muslims – influenced by quietist trends (e.g. Twelver Shiites), by spiritual ones (Sufis), and by Christian attacks against Islam’s claim to be a religion of peace – came to divide ''jihad'' into two types. The first was what they termed the ‘lesser ''jihad''’, which is the familiar obligation to spread Islam at the expense of other religions, but which is only to be undertaken as a defensive measure. The second is the ‘greater ''jihad''’, a general obligation on all Muslims actively to ward off their own evil inclinations. Though this distinction was retroactively attributed to Muhammad himself, it is clear from the historical record that most rulers (and many Muslims) disagreed with such interpretations. The important point, though, is that they were there to be adopted by those who abhor even defensive violence, and – latterly – by Muslim apologists who claim that ''jihad'' has been defensive or an inner struggle all along.}}<br />
<br />
===Origins===<br />
<br />
During Prophet [[Muhammad|Muhammad's]] lifetime, and onward to the present, the word 'Jihad' was, and is, almost always used in a military sense.<ref>{{cite web|url= |title= The Crisis of Islam|publisher= |author= Bernard Lewis|series=chapter 2|date= 2001|archiveurl= |deadurl=no}}</ref> This idea of a greater and lesser jihad was a later development which originated from the 11<sup>th</sup> century book, The History of Baghdad, by the Islamic scholar al-Khatib al-Baghdadi, by way of Yahya ibn al 'Ala', who said: <br />
<br />
{{Quote||We were told by Layth, on the authority of 'Ata', on the authority of Abu Rabah, on the authority of Jabir, who said, 'The Prophet (salallaahu 'alayhee wa sallam) returned from one of his battles, and thereupon told us, 'You have arrived with an excellent arrival, you have come from the Lesser Jihad to the Greater Jihad - the striving of a servant (of Allah) against his desires.'<ref>Fayd al-Qadir vol. 4, p. 511</ref>}}<br />
<br />
All four schools of [[Sunni]] jurisprudence ([[Fiqh]]) as well as the [[Shiite|Shi'ite]] tradition, all formulated in the 2nd and 3rd centuries after Muhammad's death, make no reference at all to the "greater" jihad, only the lesser.<br />
<br />
==Analysis==<br />
<br />
===Nonconformity with the Qur'an===<br />
<br />
One of the most important factors in the classification of a genuine [[hadith]], is that it must conform with what is written in the [[Qur'an]]. This hadith appears to directly contradict the teachings of the Qur'an.<br />
<br />
{{Quote|{{Quran|4|95}}|Not equal are those believers who sit (at home) and receive no hurt, and those who strive and fight in the cause of Allah with their goods and their persons. Allah hath granted a grade higher to those who strive and fight with their goods and persons than to those who sit (at home). Unto all (in Faith) Hath Allah promised good: But those who strive and fight Hath He distinguished above those who sit (at home) by a special reward,}}<br />
<br />
===Nonconformity with Major Hadith Collections===<br />
<br />
In all six major Hadith collections (Sahih Bukhari, Sahih Muslim, Dawud, al-Sughra, Tirmidhi and Ibn Majah), jihad almost always refers to the "lesser" outward physical struggle and not the "greater" inward spiritual struggle. As an example, there are nearly 200 references to jihad in the most trusted collection of hadith, Sahih Bukhari, and ''every single one'' assumes that jihad means literal warfare. <br />
<br />
The [[List of Fabricated Hadith|fabricated hadith]] compiled by al-Baghdadi does not appear in any of the famous hadith collections and is inconsistent with the teachings found in corroborated (Mutawatir) sahih hadith. Some of these hadith state that fighting jihad is second only to the belief in Muhammad and [[Allah]], and that standing for an hour in the ranks of battle is better than standing in [[Salah|prayer]] for sixty years (this seems, again, to directly invert the idea that religious devotion is somehow greater than participation in the Muslims' military struggle).<br />
<br />
Furthermore, Muhammad himself appears to directly refute the claim that the "greater" jihad is the inward spiritual struggle, when he states the best jihad is that of a man whose "blood is shed and his horse is wounded".<br />
<br />
{{Quote|Sunan Ibn Majah 2794|It was narrated that Amr bin Abasah said: “I came to the Prophet and said: ‘O Messenger of Allah, which Jihad is best?’ He said: ‘(That of a man) whose blood is shed and his horse is wounded.’”}}<br />
<br />
{{Quote|Saheeh Bukhari 4/45|It was asked, 'Oh messenger of Allah!, which of makind is most excellent?'. He (Sallallahu alyhi wa salam) replied: "A believer who strives in the path of God with his self and his wealth.<ref name="Join the caravan">{{cite web|url= http://www.religioscope.com/info/doc/jihad/azzam_caravan_1_foreword.htm|title= Join the Caravan (p. 4)|publisher= Religioscope (originally from al-haqq.org)|author= Imam Abdullah Azzam|date= December 2001|archiveurl= |deadurl=no}}</ref>}} <br />
<br />
{{Quote|{{Bukhari|1|2|26}}|Allah's Apostle was asked, "What is the best deed?" He replied, "To believe in Allah and His Apostle (Muhammad). The questioner then asked, "What is the next (in goodness)? He replied, "To participate in Jihad (religious fighting) in Allah's Cause."}}<br />
<br />
{{Quote|Saheeh related by Ibn Ade and Ibn Asakir from Abu Hurayrah 4/6165. Sahih al Jaami as Sagheer no. 4305|Standing for an hour in the ranks of battle is better than standing in prayer for sixty years.<ref name="Join the caravan"></ref>}}<br />
<br />
{{Quote|Saheeh al Bukhari 4/50 , agreed upon|A morning or evening spent in the path of Allah is better than the world and all it contains.<ref name="Join the caravan"></ref> }}<br />
<br />
{{Quote|{{Muwatta|21|21|1.4}}|Shall I tell you who has the best degree among people? A man who takes the rein of his horse to do jihad in the way of Allah}}<br />
<br />
{{Quote|{{Muslim|20|4645}}|It has been narrated on the authority of Abu Sa'id Khudri that the Messenger of Allah (may peace be upon him) said (to him): Abu Sa'id, whoever cheerfully accepts Allah as his Lord, Islam as his religion and Mubammad as his Apostle is necessarily entitled to enter Paradise. He (Abu Sa'id) wondered at it and said: Messenger of Allah, repeat it for me. He (the Messenger of Allah) did that and said: There is another act which elevates the position of a man in Paradise to a grade one hundred (higher), and the elevation between one grade and the other is equal to the height of the heaven from the earth. He (Abu Sa'id) said: What is that act? He replied: Jihad in the way of Allah! Jihad in the way of Allah!}}<br />
<br />
{{Quote|Sahih al-Jam'i|On the authority of Rashid, on the authority of Sa'd (radiallaahu 'anhu), on the authority of one of the Companions, that a man said, "Oh Messenger of Allah! Why is it that the believers are all put to trial in their graves, except for the martyrs?" He (salallaahu 'alayhee wa sallam) said, "The clashing of swords above his head was sufficient trial for him."<ref>Abu Khubayb and Abu Zubayr, "The Slandered Jihad (Refutation of Jihad Asghar)"</ref>}}<br />
<br />
The importance placed on physical jihad in Islam is made apparent in sahih hadith which record Muhammad referring to Muslims who refuse to fight or consider going to jihad as 'hypocrites'.<br />
<br />
{{Quote|{{Muslim|2|4696}}|It has been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: One who died but did not fight in the way of Allah nor did he express any desire (or determination) for Jihad died the death of a hypocrite. }}<br />
<br />
{{Quote|1=[http://tafsir.com/default.asp?sid=2&tid=5708 Jihad is made Obligatory]<BR>Sahih hadith, Tafsir Ibn Kathir|2=Whoever dies but neither fought (i.e., in Allah's cause), nor sincerely considered fighting, will die a death of Jahiliyyah (pre-Islamic era of ignorance.}}<br />
<br />
===Views and Research by Scholars===<br />
<br />
====Lesser vs Greater Jihad Hadith====<br />
<br />
The "lesser versus greater jihad" hadith's [[isnad]] (the completeness of the chain of narrators and the reputation of each individual narrators within the chain of oral tradition) has been categorized by scholars as "weak" (da`if), and generally in [[Islamic law]], only the authentic ([[sahih]]) and good (hasan) hadiths are used in deriving the rules. The weak hadiths have no value for the purpose of [[Shari'ah (Islamic Law)|Shari'ah]].<ref>{{cite web|url= http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503547442|title= May People Act According to a Weak Hadith?|publisher= Islam Online|author= Muzammil Siddiqi|series= Fatwa Bank|date= September 27, 2003|archiveurl= http://www.webcitation.org/query?url=https%3A%2F%2Fweb.archive.org%2Fweb%2F20061216005731%2Fhttp%3A%2F%2Fwww.islamonline.net%2Fservlet%2FSatellite%3Fpagename%3DIslamOnline-English-Ask_Scholar%2FFatwaE%2FFatwaE%26cid%3D1119503547442&date=2014-03-15|deadurl=yes}}</ref> Contemporary Islamic scholars have even classed it as "maudu" (fabricated), meaning this narration, by some, is not even considered to be a hadith at all.<ref>{{cite web|url= http://www.irfi.org/articles/articles_251_300/52_weak_ahadith.htm|title= 52 Weak Ahadith|publisher= Islamic Research Foundation International|author= Ibrahim B. Syed|date= accessed November 20, 2011|archiveurl= http://www.webcitation.org/query?url=http://www.irfi.org/articles/articles_251_300/52_weak_ahadith.htm&date=2011-11-20|deadurl=no}}</ref><br />
<br />
Dr. Abdullah Azzam:<br />
<br />
{{Quote||[It] is in fact a false, fabricated hadith which has no basis. It is only a saying of Ibrahim Ibn Abi `Abalah, one of the Successors, and it contradicts textual evidence and reality... The word "jihad", when mentioned on its own, only means combat with weapons, as was mentioned by Ibn Rushd, and upon this the four Imams have agreed.<ref>{{cite web|url= http://www.religioscope.com/info/doc/jihad/azzam_caravan_6_conclusion.htm|title= Join the Caravan: Conclusion|publisher= Religioscope (originally from al-haqq.org)|author= Imam Abdullah Azzam|date= December 2001|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Fwww.religioscope.com%2Finfo%2Fdoc%2Fjihad%2Fazzam_caravan_6_conclusion.htm&date=2014-03-16|deadurl=no}}</ref>}}<br />
<br />
Ibn Taymiyyah (also known as Shaykh ul-Islam):<br />
<br />
{{Quote||There is a Hadith related by a group of people which states that the Prophet [peace be upon him] said after the battle of Tabuk: 'We have returned from Jihad Asghar [lesser jihad] to Jihad Akbar [greater jihad].' '''This hadith has no source, nobody whomsoever in the field of Islamic Knowledge has narrated it.''' Jihad against the disbelievers is the most noble of actions, and moreover it is the most important action for the sake of mankind.<ref>Ibn Taymiyyah, [http://www.peacewithrealism.org/jihad/jihad03.htm "Al Furqan"], pp. 44-45</ref>}}<br />
<br />
Ibn Hajar al-`Asqalani:<br />
<br />
{{Quote|Hajar al Asqalani, Tasdid al-qaws, see also Kashf al-Khafaa’ (no.1362)| This saying is widespread and it is a saying by Ibrahim ibn Ablah according to Nisa'i in al-Kuna. Ghazali mentions it in the Ihya' and al-`Iraqi said that Bayhaqi related it on the authority of Jabir and said: There is weakness in its chain of transmission.<ref>{{cite web|url= http://www.sunnah.org/tasawwuf/jihad004.html|title= Jihad Al Akbar|publisher= As-Sunnah Foundation of America|author= Shaykh Hisham Kabbani|series=(from: "Islamic Beliefs and Doctrine According to Ahl al-Sunna: A Repudiation of "Salafi" Innovations")|date= accessed November 20, 2011|archiveurl= http://www.webcitation.org/query?url=http://www.sunnah.org/tasawwuf/jihad004.html&date=2011-11-20|deadurl=no}}</ref>}}<br />
<br />
Al Bayhaqi:<br />
<br />
{{Quote|Hajar ibn al Asqalani ’Kashf al-Khafaa’ (no.1362)|Its chain of narration is weak. Ibn Hajr said that this was a saying of Ibraaheem bin Abee Ablah, a Taabi’ee, and not a Ahaadeeth of the Messenger (SAW). <ref name="Suhaib Hassan"></ref><ref>{{cite web|url= http://islam.worldofislam.info/index.php?option=com_content&view=article&id=729:qwe-have-returned-from-the-lesser-jihad-to-the-greater-jihad-jihad-un-nafs-jihad-ul-akbarq&catid=129&Itemid=63|title= Be Aware - Da'eef (weak), mawdoo’ (fabricated) hadeeth|publisher= World of Islam Portal|author= |date= May 10, 2008|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Fislam.worldofislam.info%2Findex.php%3Foption%3Dcom_content%26view%3Darticle%26id%3D729%3Aqwe-have-returned-from-the-lesser-jihad-to-the-greater-jihad-jihad-un-nafs-jihad-ul-akbarq%26catid%3D129%26Itemid%3D63&date=2014-03-16|deadurl=no}}</ref>}}<br />
<br />
Al Haakim:<br />
<br />
{{Quote|| His hadith are unreliable.<ref name="Join the caravan2">{{cite web|url= http://www.religioscope.com/info/doc/jihad/azzam_caravan_1_foreword.htm|title= Join the Caravan (p. 27)|publisher= Religioscope (originally from al-haqq.org)|author= Imam Abdullah Azzam|date= December 2001|archiveurl= |deadurl=no}}</ref>}}<br />
<br />
Abu Yala al Khalili:<br />
<br />
{{Quote|Mashir al Ashwaq, Ibn Nuhad pg 1/31|He often Adulterates, is very weak and narrates unknown hadith. Their is also a narrator, Yahyah bin Alulah, who is a known liar and forger of hadith (Ahmed).<ref name="Join the caravan2"></ref>}}<br />
<br />
Amru bin Ali an Nasai and Ad Darqutni:<br />
<br />
{{Quote||His hadith are renounced.<ref name="Join the caravan2"></ref>}}<br />
<br />
Ibn Adi: <br />
<br />
{{Quote|Tahzeeb ut Tahzeeb 11/261-262|His hadith are false.<ref name="Join the caravan2"></ref>}}<br />
<br />
Abu Dahadbi:<br />
<br />
{{Quote||Abdu Hatim said he is not a strong narrator, Ibn Ma'een classified him as weak and Ad Daqatuni said he is to be neglected.<ref name="Join the caravan2"></ref>}}<br />
<br />
Mufti Zar Wali Khan (who is given the title Sheikh ul hadith) mentioned in his "Dora Tafsir" that this hadith was fabricated by Sufis.<br />
<br />
=====Related Hadith From the Same Source=====<br />
<br />
A similar narration taken from the same source reads: <br />
<br />
{{Quote||The ink of the scholar is more holy than the blood of the Martyr.}} <br />
<br />
This hadith has also been classed as Maudu (fabricated), even by its originating source.<br />
<br />
Dr. Suhaib Hassan:<br />
<br />
{{Quote||Mentioned by al-Manjaniqi is his collection of ahadith of older narrators reporting from younger ones, on the authority of al-Hasan al-Basri. Al-Khatib al-Baghdadi said that it is maudu as a narration from the Prophet (s.a.w), '''but that is a statement of al-Hasan al-Basri''' [Kashf al-Khafa, no. 2276].<ref name="Suhaib Hassan">{{cite web|url= http://www.thereligionislam.com/islamicideology/scienceofhadith.htm|title= The Science of Hadith|publisher= TheReligionIslam|author= Dr. Suhaib Hassan|date= accessed November 20, 2011|archiveurl= http://www.webcitation.org/query?url=http://www.thereligionislam.com/islamicideology/scienceofhadith.htm&date=2011-11-20|deadurl=no}}</ref>}}<br />
<br />
Shaikh Abdullah Faisal:<br />
<br />
{{Quote||Related by Khateeb in The History of Baghdad 2/193. '''He also said it was a fabricated hadith.'''<br />
<br />
The above-mentioned fabricated hadith gives preference to the method of da'wah over jihad for spreading Islam. However, '''the best method for spreading Islam is jihad and not da'wah'''. Thus the Holy Prophet (s.a.w) spent thirteen years in Makkah giving da'wah and only approximately one hundred people embraced Islam. But when he (s.a.w) entered Makkah with military might and Shawka (power) two thousand took their Shahadah in one day.<br />
<br />
The Mujahideen conquer lands and save the entire populace from entering Hell-fire by delivering Islam to them. This accomplishment is much greater than what books can do.<br />
<br />
Also this fabricated hadith contradicts the Holy Qur'an:<br />
<br />
'''Surah An Nisa verse 95:'''<br />
<br />
"Not equal are those of the believers who sit at home(except those who are disabled by injury or are blind or lame), and those who strive hard and fight in the Cause of Allah with their wealth and lives. Allah has preferred in grades those who strive hard and fight with their wealth and their lives above those who sit at home."<ref>{{cite web|url= http://www.missionislam.com/knowledge/books/100FabricatedHadith.pdf|title= 100 Fabricated Hadiths|publisher= Darul Islam Publishers|author= Shaikh Abdullah Faisal|date= 2000|archiveurl= http://www.webcitation.org/query?url=http://www.missionislam.com/knowledge/books/100FabricatedHadith.pdf&date=2011-11-20|deadurl=no}}</ref>}}<br />
<br />
====Lesser vs Greater Jihad Concept====<br />
<br />
In the Editors preface to Yusuf al ‘Uyayree's "Thawaabit ‘ala darb al Jihad" (Constants on The Path of Jihad), we find the following in reference to the concept of the 'greater jihad' being the inner struggle:<br />
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{{Quote||This is a very twisted concept of Jihad via Western propagation albeit it is true from a linguistic point of view. However, the overall Islamic connotation of Jihad is fighting for the sake of Allah (Jihad fe Sabeelillah). Before Islam, the word Salat was used by the Arabs; it meant supplication. But when Islam came, it changed the meaning of the word to the prayer we know of, although, linguistically it remains as supplication. The same is applied to Jihad. Before, it had nothing to do with fighting for the sake of Allah; and when Islam came, it became very apparent that Islam changed its meaning. One may argue that the Qur’an uses the word Jihad for ‘struggling’. This is true as we see this in many ayaat of Qur’an. However, like we said, the overall implication of Jihad has changed, but its linguistic meaning remains the same. For example, when the Prophet (sallallahu ‘alayhe wassallam) said: ''Narrated by Abu Huraira: Allah’s Messenger said: “Whosoever dies without participating in an expedition (Jihad) nor having the intention to do so, dies on a branch of hypocrisy.''” Is he referring to an “inner struggle” here? Not at all.<ref>Shaykh al Uyayree - [{{Reference archive|1=http://www.hoor-al-ayn.com/Books/constants.pdf|2=2011-03-16}} Constants in the Path of Jihad] - Lecture series delivered by Imam Anwar al Awlaki, transcribed and edited by Mujahid Fe Sabeelillah</ref>}}<br />
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Ibn Baaz:<br />
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{{Quote||Question: Is Jihad in the way of Allah the same level regardless of whether it is with one's life, wealth , or supplication , even if somebody is cabable of the type that involves one's life?<BR><BR><br />
Answer: There are different kinds of jihad - with one's self, wealth, supplication, teaching, giving guidance, or helping others in good in any form.The highest form of jihad, however, is with one's life (the intent here is not suicide, for that is forbidden in Islam), then comes Jihad with one's wealth and jihad with teaching and guidance, and in this way Da'wah is a form of jihad, but jihad with one's life is the highest form.<ref>Shaykh Abdul-Azeez Bin Baaz, Fatawa Islamiyah, Vol 8, p.24</ref>}}<br />
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Dr. Muhammad Amin:<br />
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{{Quote||Jihad of the self and Jihad by wealth, if they do not lead one to establish the Call of Truth, and to stand beside it, enjoining the right and forbidding the wrong, and contributing one's life and wealth in the Path of Allah, are deficient Jihads containing inadequacy. It is astonishing that the hour of testing and of severity, in which the feet are shaken and the heart reaches the throat, can be called the Hour of the Lesser Jihad, while the hours of safety and comfort in secure homes, in the midst of one's family and friends, can be called hours of the Greater Jihad! In the like of such appellations do the holders-back rejoice in their sitting behind from obeying the Messenger of Allah (salallaahu 'alayhee wa sallam) and his Companions (radiallaahu 'anhum)? Such people find contentment and comfort in this way, while in reality they only deceive their weak souls, for the true values of the deeds are entirely the opposite.<ref>Dr. Muhammad Amin, Path of Islamic Propagation</ref>}}<br />
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==Consensus== <br />
In accordance with the historical evidence, the lesser versus greater jihad hadith and other similar narrations have been shown by Islamic scholars to be, not only weak, but false. Their place in [[Fiqh (Islamic Jurisprudence)]] is thus suspect, as is their use in Islamic thought, as they contradict sahih hadith and the Qur'an itself. Professor David Cook sums up the consensus which was reached from these scholarly discussions:<br />
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{{Quote||In reading Muslim literature -- both contemporary and classical -- one can see that the evidence for the primacy of spiritual jihad is negligible. Today it is certain that no Muslim, writing in a non-Western language (such as Arabic, Persian, Urdu), would ever make claims that jihad is primarily nonviolent or has been superseded by the spiritual jihad. Such claims are made solely by Western scholars, primarily those who study Sufism and/or work in interfaith dialogue, and by Muslim apologists who are trying to present Islam in the most innocuous manner possible. <ref>{{cite web|url= http://www.jstor.org/stable/10.1525/j.ctt1ppjtw|title= Understanding Jihad|publisher= University of California Press|author= David Cook|date= 2005|isbn=978-0-520-93187-9|pages=165-6|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Fwww.jstor.org%2Fstable%2F10.1525%2Fj.ctt1ppjtw&date=2013-12-21|deadurl=no}}</ref>}}<br />
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==See Also==<br />
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*[[List of Fabricated Hadith]]<br />
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==External Links==<br />
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*[{{Reference archive|1=http://www.danielpipes.org/498/jihad-and-the-professors|2=2011-05-19}} Jihad and the Professors] ''- Daniel Pipes, November 2002''<br />
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==References==<br />
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[[Category:Jihad]]<br />
[[Category:Apologetics]]<br />
[[Category:Society and human nature]]</div>IbnPinkerhttps://wikiislam.net/index.php?title=Kalam_(Islamic_Theology)&diff=133970Kalam (Islamic Theology)2021-11-30T17:24:23Z<p>IbnPinker: </p>
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<div>===Early development of Mu'atzilite (rationalist), Ash'ari (Sunni orthodox), and Shi'ite theology===<br />
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[[Category:Theology]]</div>IbnPinkerhttps://wikiislam.net/index.php?title=Theology_(Kalam)&diff=133969Theology (Kalam)2021-11-30T17:21:33Z<p>IbnPinker: IbnPinker moved page Theology (Kalam) to Islamic Theology (Kalam)</p>
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<div>===Mu'tazilism vs. Ash'arism===<br />
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<div>===Mu'tazilism vs. Ash'arism===<br />
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[[Category:Theology]]</div>IbnPinkerhttps://wikiislam.net/index.php?title=Kalam_(Islamic_Theology)&diff=133963Kalam (Islamic Theology)2021-11-30T17:17:04Z<p>IbnPinker: Created page with "=== Mu'tazilism vs. Ash'arism ==="</p>
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<div>=== Mu'tazilism vs. Ash'arism ===</div>IbnPinker