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SURAH 4:6
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..(till they reach the marriageable age) the age of puberty; … (Tanwîr al-Miqbâs min Tafsîr Ibn ‘Abbâs)
http://altafsir.com/...s&UserProfile=0
http://altafsir.com/...s&UserProfile=0
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.. 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, ... (tafsir jalalyn)
http://altafsir.com/...=0&languageid=2
http://altafsir.com/...=0&languageid=2
The tafsir has recognised the age of puberty or the legal age to be age of marriage.
Doesn't this mean:
- the claim that no particular age exists for marriage but only for consumation of marriage is contridictory to this.
for example the claim:
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The fact that it is permissible to marry a minor girl does not imply that it is permissible to have intercourse with her,
(http://islamqa.com/index.php?ref=12708&ln=eng)
(http://islamqa.com/index.php?ref=12708&ln=eng)
would be wrong as Quran recognises age for marriage which is after puberty or legal age, which is usually the age of adulthood rather than minor.
- since a legal age is recognised(as per the tafsir) but there being no particular definition for the legal age defined by the Quran or sunnah itself, Islam permits the age limit of marriage to be varied or controlled by the government or society. i.e there nothing wrong in muslim countries increasing or decreasing the age restrictions. The age the government limits would be the legal age for muslims.
Even when we look at the what constitutes the age of puberty there are different opinions.
TAFSIR IBN KATHIR
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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 ,
(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,
(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,
http://tafsir.com/de...sid=4&tid=10463
(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,
(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,
http://tafsir.com/de...sid=4&tid=10463
According to wikipedia:
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Puberty is the process of physical changes by which a child's body becomes an adult body capable of reproduction. Puberty is initiated by hormone signals from the brain to the gonads (the ovaries and testes). In response, the gonads produce a variety of hormones that stimulate the growth, function, or transformation of brain, bones, muscle, skin, breasts, and reproductive organs. Growth accelerates in the first half of puberty and stops at the completion of puberty. Before puberty, body differences between boys and girls are almost entirely restricted to the genitalia. During puberty, major differences of size, shape, composition, and function develop in many body structures and systems. The most obvious of these are referred to as secondary sex characteristics.
In a strict sense, the term puberty (derived from the Latin word puberatum (age of maturity, manhood)) refers to the bodily changes of sexual maturation rather than the psychosocial and cultural aspects of adolescent development. Adolescence is the period of psychological and social transition between childhood and adulthood. Adolescence largely overlaps the period of puberty, but its boundaries are less precisely defined and it refers as much to the psychosocial and cultural characteristics of development during the teen years as to the physical changes of puberty.
http://en.wikipedia.org/wiki/Puberty
In a strict sense, the term puberty (derived from the Latin word puberatum (age of maturity, manhood)) refers to the bodily changes of sexual maturation rather than the psychosocial and cultural aspects of adolescent development. Adolescence is the period of psychological and social transition between childhood and adulthood. Adolescence largely overlaps the period of puberty, but its boundaries are less precisely defined and it refers as much to the psychosocial and cultural characteristics of development during the teen years as to the physical changes of puberty.
http://en.wikipedia.org/wiki/Puberty
But anyway, putting an age for marriage is recognised as mentioned.
Now knowing this aspect the question that comes:
- the verse 65:4.
tafsir ibn abbas
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...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....
http://altafsir.com/...=0&LanguageId=2
http://altafsir.com/...=0&LanguageId=2
The verse apparently recognises marriage as well as consumation of marriage before menstruation.
Note that there is no waiting period for marriage in which consumation has NOT taken place.
{O ye who believe! When ye marry believing women, and then divorce them before ye have touched them, no period of 'Iddat have ye to count in respect of them: so give them a present. And set them free in a handsome manner.} S. 33:49 Hilali-Khan
Does 65:4
- imply limiting the age of marriage after menstruation or puberty(as did by the tafsirs) would be wrong or shirk ?
because 65:4 recognises full marriage before menstruation.
- Does lack of menstruation mean puberty has not been reached as per definition ? As it can be reconciled as having reached puberty hence marriage, yet young that menstruation not yet taken place.
Imam Bukhari considered the verse refering to marrying before puberty.
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XXXIX. A man giving his young children in marriage
By the words of Allah, "that also applies to those who have not yet menstruated" (65:4) and He made the 'idda of a girl before puberty three months.
http://bewley.virtua.../bukhari35.html
By the words of Allah, "that also applies to those who have not yet menstruated" (65:4) and He made the 'idda of a girl before puberty three months.
http://bewley.virtua.../bukhari35.html
Another issue is Sayyiduna Muhammed(pbuh) marrying Hazrat Aisha® before reaching puberty yet completing marriage after puberty as per the reports in the sahihayn. This would be contridictory to the legal age for marriage defined in the tafsirs. The tafsir do not differentiate between getting married and consumation of marriage. Was the restriction in age a new law, just like restricting wives to four ?
Most of the muslim countries restrict the age of marriage beyond the age of puberty. I don't think the concept of getting married before puberty yet completing marriage after puberty is even recognised today. Even saudi arabia which previously had no particular legal age is initiating laws that would limit the age. Would accepting this law be contridictory to Islam ?
what do you have to say on claims like the following
http://www.islamicsu....com/ayesha.htm
that doubts the authenticity of reports in the sahihayn ?
wa salam
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