Is it unIslamic to raise female marriageable age above nine years of age?
In Islamic tradition, the marriageable age for females has been a topic of significant discussion and interpretation. The Qur'an provides guidance on marriage in several verses, including Surah An-Nisaa, which states: And if ye fear that ye will not deal fairly by the orphans, marry of the women, who seem good to you, two or three or four; and if ye fear that ye cannot do justice (to so many) then one (only) or (the captives) that your right hands possess. Thus it is more likely that ye will not do injustice.
4:3. This verse highlights the importance of justice in marital relationships.
Within the context of marriageable age, it is noteworthy that some narrations attribute the Prophet Muhammad ﷺ allowing marriage to girls who have reached the age of nine. For instance, Al-Kafi narrates, The Messenger of Allah (peace be upon him and his family) declared the limit for a woman to be entered upon by her husband is when she reaches nine years of age.
Al-Kafi 3:364. This has been interpreted by many scholars as the permissible minimum age for marriage.
However, there are differing opinions within the Islamic scholarly community about the appropriateness of raising the marriageable age above nine. Some scholars argue that while the Prophet’s actions are a basis for understanding marriage in early Islam, contemporary considerations of maturity, health, and social conditions may necessitate adjustments to the marriageable age.
This perspective reflects a broader understanding of the Qur'anic principles, which emphasize justice and the welfare of individuals, suggesting that the age for marriage can be raised to ensure fairness and well-being. Thus, while it is not inherently un-Islamic to set a higher marriageable age, it is essential that such changes align with the core Islamic values of justice and compassion.
Sources
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4:3 · An-Nisaa
4:3 · Muhammad Marmaduke Pickthall
وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا۟ فِى ٱلْيَتَٰمَىٰ فَٱنكِحُوا۟ مَا طَابَ لَكُم مِّنَ ٱلنِّسَآءِ مَثْنَىٰ وَثُلَٰثَ وَرُبَٰعَ ۖ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا۟ فَوَٰحِدَةً أَوْ مَا مَلَكَتْ أَيْمَٰنُكُمْ ۚ ذَٰلِكَ أَدْنَىٰٓ أَلَّا تَعُولُوا۟
And if ye fear that ye will not deal fairly by the orphans, marry of the women, who seem good to you, two or three or four; and if ye fear that ye cannot do justice (to so many) then one (only) or (the captives) that your right hands possess. Thus it is more likely that ye will not do injustice.
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Al-Kafi 3:364
Al-Kafi · Book 3, Hadith 364
I wrote to him asking about miscarriage and what is to be done with it. He replied: The miscarriage is buried with its blood in its place. — OR — Regarding a man who gave another man money to perform his pilgrimage, but something happened to the second man, he said, 'If the second man set out and something happened in the way, then it suffices for the first. Otherwise, it does not suffice.' — OR — The Messenger of Allah (peace be upon him and his family) declared the limit for a woman to be entered upon by her husband is when she reaches nine years of age. — OR — I asked him about a man who falsely accuses another man but then pardons him and later wishes to lash him after the pardon. He said: He has no right to lash him after the pardon.
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