Introduction
In the heart of the Muslim community lies a tapestry woven with traditions, beliefs, and modern interpretations. Among these threads is the delicate subject of marriage law, especially concerning age and consent. With an eye on Islamic teachings and an understanding of contemporary contexts, let's explore the intricate balance between tradition and today's societal norms, and how platforms like Queen Muslima are helping to elevate awareness and understanding of these vital issues.
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Child marriage is a global problem that affects millions of girls and women, especially in developing countries. It is often the result of poverty, gender inequality, cultural norms, and lack of education and opportunities. Child marriage has serious and lasting consequences for the health, education, and well-being of girls and women, as well as their families and communities.
Child marriage is not a new phenomenon. It has been practiced for centuries in different parts of the world, for various reasons and purposes. Some of the historical factors that have influenced child marriage are:
- Economic problems: Many families have married off their young daughters to older men, often receiving money or goods in return, to cope with poverty, debt, or dowry. This has also reduced the economic burden of raising and educating girls, who are often seen as a liability or a commodity.
- Social and cultural norms: Many societies have valued girls' virginity and chastity, and have seen marriage as a way to protect them from sexual violence, unwanted pregnancy, or dishonor. Many traditions and customs have also prescribed early marriage for girls, as a way of preserving family honor, lineage, or status.
- Political and religious motives: Many rulers and leaders have used child marriage as a tool to forge alliances, secure loyalty, or expand influence. Many religions and sects have also endorsed or encouraged child marriage, as a way of fulfilling divine will, spreading faith, or rewarding followers.
According to UNICEF, about 650 million women alive today were married before their 18th birthday. Worldwide, about 21% of girls are married in childhood. That’s 12 million girls under 18 every year — or 22 girls every minute. Child marriage is more common in some regions than others, such as sub-Saharan Africa, South Asia, Latin America and the Caribbean, and the Middle East and North Africa. Child marriage is also more prevalent in rural areas, among the poorest and least educated segments of the population, and among certain ethnic, religious, or cultural groups.
Child marriage is a human rights violation that has serious and lasting consequences for girls and women, as well as their families and communities. Child marriage exposes girls to higher risks of health problems, violence, exploitation, and poverty. It also limits their education, opportunities, and potential. Child marriage also affects the development and prosperity of the countries where it is practiced, as it hinders the achievement of the Sustainable Development Goals.
To end child marriage, UNICEF and its partners are working to raise awareness, change attitudes, provide opportunities and support, and enforce and implement laws and policies that protect and empower girls and women. UNICEF also supports evidence-based, girl-centred investments that help girls to be healthy, educated, and safe, and to make a successful transition to adulthood.
1- Religious Historical Misunderstanding
Dispelling Myths with Knowledge
In this part, we delve into understanding the historical and cultural contexts surrounding Prophet Muhammad's marriage to Aisha, exploring the reasons and circumstances of this event, and how it can be understood in its historical and cultural context. Some of the reasons mentioned by scholars and historians include:
Understanding the Foundations of Customary and Historical Contexts:
Cultural and Historical Relativity:
It's important to emphasize that these practices should be understood in their historical and cultural context and cannot be directly applied to contemporary social standards.
The marriage of Prophet Muhammad to Aishah at a young age was a widely accepted norm in their society. During that era, and for centuries thereafter, this aspect of the Prophet's life went unquestioned and was never a point of contention regarding his character. It's only in the last century that this has become a subject of debate. Historically, it was common for people to marry at younger ages, which were then considered appropriate for adulthood and consenting to marriage. This practice was in line with the societal norms and expectations of that time.
Marriage in Ancient Times:
In ancient times, concepts of puberty and maturity differed from today's world. Puberty was considered a sign of readiness to take on significant responsibilities and enter married life.
Physical and Mental Maturity:
Researchers indicate that physical and mental maturity developed faster in those times compared to today. Young people at an early age bore responsibilities comparable to adults in our current era.
2- The Prophet's Marriage to Aisha
Historians note that the Prophet's marriage to Aisha had several reasons, including strengthening social and family ties and spiritual and religious aspects.
Physical Structure at That Time: Historical evidence suggests that individuals' physical structures differed from today, where physical and mental growth occurred at an earlier age.
Reasons for the Marriage:
Lineage:
Aisha was the daughter of Abu Bakr, the Prophet's close companion and the first caliph. Abu Bakr was one of the first believers and migrated with the Prophet to Medina. He deeply loved and supported the Prophet in everything. The Prophet's marriage to Aisha was an expression of his love and respect for Abu Bakr and to strengthen their bond.
Wisdom:
The marriage had much good that only Allah knew. Aisha was intelligent and learned much from the Prophet and taught many companions and scholars in Islam. She narrated over two thousand hadiths and issued fatwas on various religious and life matters. Known for her eloquence, piety, and love for the Prophet, she participated in several battles and expeditions. She was among the Prophet's favorite wives and is considered one of the mothers of the believers. Her marriage brought blessings and benefits to the Muslim Ummah.
Fate and Destiny:
The Prophet's marriage to Aisha was decreed by Allah and a sign of his prophethood. It was based on wisdom and guidance, not desire. It was also the fulfillment of a vision the Prophet saw in his dream.
Arabic Hadith, English Version
Serving the message of Allah (SWT):
The marriages of the Prophets are never for sexual desires but to serve the message of Allah (SWT) including avoiding expected bigger harm on the message and testing the degree of the faith of the people, especially after the Prophet's life. Prophet Noah and Prophet Lut married wives who were away from obeying Allah and obeying them as Allah has mentioned them in the Quran as the example of nonbelievers (Sura 66, verse 10) despite being wives of prophets. This confirms that the degree of a person is not by relation but by sincere faith and obedience to Allah and His messenger. The marriage of the Prophet (SAWA) with Aisha was because of the demand of Abu Bakr, her father, likewise, the marriage with Hafsa was by a demand from her father Umar. The Prophet (SAWA) wanted to avoid the harm that could happen to the newly established Muslim society in Madinah.
3- Should these reasons be applied to contemporary social standards?
It's essential to understand the historical contexts of events and social practices, and not to apply them to contemporary situations directly. Social and cultural standards have significantly changed since the time of Prophet Muhammad, including standards related to marriage. In the present day, the age of puberty is legally defined in most countries, and marriage before reaching puberty is considered illegal in many of these nations.
Conclusion:
these insights provide insights into the wisdom and purpose behind the Prophet's marriage to Aisha at a young age. However, we cannot limit this marriage to a few reasons, as it was a noble prophetic marriage with much good known only to Allah. We believe the Prophet is the best of creation and the most noble of prophets, and everything he did was by divine revelation and for the benefit of Islam and Muslims. We honor and respect Aisha and all the Prophet's wives, considering them our mothers, and pray to Allah to unite us with them in paradise.
4- The Pillars of Consent and Suitability
Foundations of a Halal Union
In Islamic law, marriage is a contract between two consenting parties who are suitable for each other in terms of religion, character, and social status. Consent and suitability are the two essential pillars of a valid and halal marriage, and they must be respected and fulfilled by both the spouses and their guardians.
Islamic teachings emphasize that both the groom and the bride must consent to the marriage of their own free will, without any coercion or pressure. This applies to both virgin and non-virgin women, who have the right to accept or reject any marriage proposal. The Prophet Muhammad (peace be upon him) said: "A virgin should not be married until her permission is sought, and a previously married woman should not be married until she is consulted."
Suitability, or kafāʾa, is a legal concept that ensures compatibility and harmony between spouses. Traditionally, suitability was based on various factors, such as lineage, wealth, profession, and ethnicity. However, these factors are not fixed or absolute, but rather relative and flexible, depending on the context and the preferences of the parties. Today, suitability needs to be redefined and updated to include other aspects, such as age, education, personality, and interests.
5- Age and Maturity in Modern Context
Embracing Contemporary Understandings
The issue of age and maturity in marriage is a complex and sensitive one, that requires a careful and balanced approach, based on both Islamic principles and contemporary realities. While Islamic law does not specify a minimum or maximum age for marriage, it does require that the spouses are mature and rational and that they can fulfill their rights and responsibilities in marriage.
One of the main challenges that face Muslim marriages today is the problem of forced marriages, especially of young girls. Forced marriage is a violation of human rights and Islamic law, and it has many negative consequences for the health, education, and well-being of the girls and their children. It also perpetuates poverty, violence, and discrimination. To prevent and combat forced marriages, it is essential to raise awareness and educate the Muslim community about the importance of consent and suitability in marriage, and to empower the girls to exercise their legal rights and to seek help from the authorities or the courts if they are forced or coerced into marriage.
Another factor that contributes to the prevalence of child marriages in some Muslim societies is poverty and ignorance. Poverty often drives parents to marry off their daughters at an early age, to relieve themselves of the financial burden or to secure a better future for them. Ignorance often leads to the misunderstanding or misapplication of Islamic law or the adherence to harmful cultural or traditional practices. To address these root causes, it is necessary to provide economic and social support and opportunities for the poor and the marginalized, and to spread knowledge and enlightenment about the benefits and rights of marriage, and the harms and risks of child marriage.
6- The challenges of child marriage
Child marriage has many harmful effects on girls and women, as well as their families and communities. Some of the challenges of child marriage are:
- Health risks: Child brides face higher risks of maternal mortality, morbidity, and complications, as their bodies are not ready for pregnancy and childbirth. They also face higher risks of sexually transmitted infections, HIV, and cervical cancer, as they are often exposed to sexual violence, coercion, or multiple partners. They also suffer from mental and emotional stress, depression, and trauma, as they are isolated from their peers, family, and support networks.
- Education barriers: Child brides often drop out of school, or are prevented from attending or completing their education, due to their marital obligations, domestic chores, or social norms. This limits their access to knowledge, skills, and opportunities, and reduces their chances of empowerment, independence, and income generation. It also perpetuates the cycle of poverty, illiteracy, and inequality, and affects the development and prosperity of their communities.
- Human rights violations: Child brides are often deprived of their basic human rights, such as the right to life, health, education, and freedom. They are often subjected to physical, sexual, and emotional abuse, exploitation, and discrimination, by their husbands, in-laws, or society. They are often denied their voice, choice, and agency, and are unable to make decisions about their own lives, bodies, and futures.
How to overcome the challenges of child marriage and find true love online Child marriage is not inevitable or irreversible. It can be prevented and ended, with the collective efforts and actions of individuals, families, communities, and governments. Some of the ways to overcome the challenges of child marriage and find true love online are:
- Raising awareness and changing attitudes: Educating and informing people about the causes and consequences of child marriage, and challenging the myths and stereotypes that justify or normalize it. Promoting positive and alternative values and norms that respect and empower girls and women, and that support their rights and choices. Engaging and involving men and boys, as well as religious and traditional leaders, in the dialogue and advocacy against child marriage.
- Providing opportunities and support: Creating and expanding opportunities and support for girls and women, such as education, health, employment, and social services. Empowering and enabling them to access and use these opportunities and support, and to develop their potential and aspirations. Providing and facilitating safe and supportive spaces and networks for girls and women, where they can express themselves, learn, grow, and thrive.
- Enforcing and implementing laws and policies: Enacting and enforcing laws and policies that prohibit and punish child marriage, and that protect and promote the rights and interests of girls and women. Harmonizing and aligning these laws and policies with international human rights standards and conventions, and ensuring their compliance and accountability. Strengthening and improving the legal and institutional frameworks and mechanisms that address and prevent child marriage, and that provide justice and redress for its victims and survivors.
In this context, the Queen Muslima platform plays an educational and awareness-raising role by offering educational materials that enhance awareness about the importance of understanding the historical and cultural context of Islamic practices. The platform focuses on encouraging Halal marriage that aligns with Islamic laws and ethical principles, ensuring that all participants are over the age of 18, to guarantee the establishment of marital relationships built on mutual understanding and respect.
Conclusion:
In conclusion, forcing children into marriage is a complex issue deeply entwined with cultural, economic, and social factors. Historically rooted in various societies for various reasons, including economic necessity and social norms, this practice overlooks the critical importance of individual consent and maturity. Today, it's imperative to address and challenge this tradition through education, legal reforms, and community engagement. Empowering young individuals with knowledge, rights, and a voice is crucial in shifting the narrative towards more informed and consensual decisions regarding marriage. This change is not just beneficial for the individuals involved but also for the broader health and progress of societies worldwide.
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