Even More on Islamic Pedophilia

The following is taken from the online Encyclopedia of Islamic Jurisprudence (https://dorar.net/feqhia), from the section on marrying a minor (https://dorar.net/feqhia/4093). All emphasis will be mine.

The second branch: The ruling on marrying a minor girl

The first issue: A father marrying off his young virgin daughter.

A father may marry off his young eldest daughter without her permission. This is agreed upon by the four schools of Islamic jurisprudence: the Hanafi school and the Maliki school and the Shafi'i school and the Hanbalis AND CONSENSUS WAS REPORTED ON THAT. 

The evidence:

First: From the Book,God Almighty said: “And those of your women who have despaired of menstruation, if you have any doubt, then their waiting period is three months, and those who have not menstruated.  ” [At-Talaq: 4]

The point of evidence is that God Almighty has ruled that the divorce of a young girl WHO AS NOT YET MENSTRUATED IS VALID, and divorce ONLY occurs within A VALID MARRIAGE. Therefore, the verse implies the permissibility OF MARRYING A YOUNG GIRL. And there is no authority with whom marriage is valid except if her father marries her off.

Secondly: From the Sunnah,

On the authority of Aisha,: “The Prophet married her when she was six years old, and she was brought to him when she was nine, and she stayed with him for nine years.”)) 

The point of evidence:

This is explicit in permitting a father to marry off his young daughter without her permission, because she has no right to give permission.

Thirdly: Because the father is not like other guardians, as evidenced by his management of her money and his oversight of her, and because he is not accused of wrongdoing against her.

Fourth: A suitable match is not always available, so there was a pressing need to establish guardianship for the guardian in her childhood, because if he waited until she reached maturity, that suitable match would be lost, and no one like him would be found.

The second issue: The marriage of a young virgin girl by someone other than her father (a guardian).

A guardian other than the father may arrange the marriage of a young virgin girl; this is the opinion of the Hanafi school of thought. This is the correct view according to the Hanbali school of thought. And it was favored by Sheikh al-Islam Ibn Taymiyyah. This is the statement of Ibn Baz . And Ibn Uthaymeen. 

The evidence:

Firstly: From the Book,

The Almighty’s saying: “And if you fear that you will not deal justly with the orphans, then marry those that please you of [other] women.”  [An-Nisa: 3]

The implication:

The verse, by its meaning, indicates that a guardian other than the father, who is permitted to marry an orphan girl, may marry her if he treats her justly.

Secondly: From the Sunnah:

1- On the authority of Abu Hurairah on the authority of the Messenger of God, may God’s prayers and peace be upon him, who said: “The orphan girl is consulted regarding herself. If she remains silent, that is her permission. If she refuses, then there is no obligation upon her.”)) 

2- On the authority of Abu Musa on the authority of the Messenger of God that he said: “The orphan girl is consulted regarding herself. If she remains silent, then she has given permission, and if she refuses, she is not to be forced.”)) 

The point of evidence from the two hadiths is that an orphan girl can be married with her permission.

3- On the authority of Abdullah ibn Umar, he said: “Uthman ibn Maz’un died and left behind a daughter from Khawla bint Hakim ibn Umayya ibn Haritha ibn al-Awqas. He said: He entrusted her to his brother Qudama ibn Maz’un. Abdullah said: They are my maternal uncles. He said: I asked Qudama ibn Maz’un for the hand of Uthman ibn Maz’un’s daughter, and he married her to me. Al-Mughirah ibn Shu’ba went to her mother and tried to persuade her with money, so she gave in to him, and the girl gave in to her mother’s wishes, so they refused until their matter was brought before the Messenger of God. Qudama ibn Maz’un said: “O Messenger of God, my brother entrusted his daughter to me. I gave her to him, and he married her to her cousin, Abdullah ibn Umar. I did not fall short in her suitability or compatibility, but she is a woman, and she was swayed by her mother's desires.” He said: The Messenger of God said: She is an orphan, and she cannot be married except with her permission. He said: By God, she was taken from me after I had given her in marriage, and they married her to al-Mughirah.)) 

Thirdly: From the narrations

On the authority of Urwah bin Al-Zubayr, he said: (I asked Aisha about the saying of God Almighty: “And if you fear that you will not deal justly with the orphans” [An-Nisa: 3]). She said: "O my nephew, this orphan girl is under the guardianship of her guardian, who shares his wealth with her. He admires her wealth and beauty and wants to marry her without being just in her dowry, giving her the same as what others give. So they were forbidden from marrying them unless they were just with them and gave them the highest customary dowry.")

The third issue: Handing over a young girl to her husband for his enjoyment.

A young girl who is too young for intercourse should not be given to her husband for his pleasure, and this is agreed upon by the four schools of Islamic jurisprudence: the Hanafi school and the Maliki school and the Shafi'i school and the Hanbalis.

This is for the following reasons:

Firstly, because the obligation to deliver was only due to the necessity of enabling him to deliver the rights related to marriage, and these rights are not present here.

Secondly: because it is not safe to assume that excessive lust will not drive him to have intercourse with her, thus committing a crime against her.

Fourth issue: Marrying a young girl to a previously married man. 

Scholars differed on the ruling regarding the marriage of a young widow, holding two opinions:

The first opinion: The father has the right to marry off a young widow as if she were a virgin, without her permission. This is the opinion of the majority: the Hanafis and the Maliki school and the Hanbalis.

This is for the following reasons:

Firstly, because she is young, it is permissible to compel her, like a virgin or a boy.

Secondly: Because she has no valid permission.

The second opinion: The guardian - father or other - does not have the right to marry off a young widow until she reaches puberty and gives her permission. This is the opinion of the Shafi'i school. And a view held by the Hanbalis. This is the saying of Ibn Shubrumah and Ibn Hazm and the Sana'ani.

The evidence:

Firstly: From the Sunnah:

1- On the authority of Ibn Abbas that the Prophet said: “A previously married woman has more right over herself than her guardian, and a virgin is to be consulted, and her silence is her permission.” )) 

2- On the authority of Abu Hurairah, on the authority of the Prophet who said: “A virgin should not be married until her permission is sought, nor a previously married woman until she is consulted.” It was said: “O Messenger of Allah, how is her permission obtained?” He said: “If she remains silent.” )) 

The implication of the two hadiths is that a previously married woman, whether young or old, should not be married off until she is consulted, nor should she be forced into marriage, or she should be delayed until she reaches puberty and becomes eligible to be consulted.

Secondly: because there is a benefit in delaying it, which is that she reaches puberty and chooses for herself and her permission is considered, so delaying it is necessary, unlike the case of a virgin.

Thirdly: By analogy with the older widow.

Fourth: Because she has no desire and does not reproduce, the purpose of marriage is negated in her.

Further Reading

Islam – The Religion of Pedophilia (https://www.samshmnthelogy.net/post/islam-the-religion-of-pedophilia)

MORE ON ISLAMIC PEDOPHILIA (https://www.samshmnthelogy.net/post/more-on-islamic-pedophilia)