The Quran provides a framework for justice, compassion, and the dignity of all individuals, particularly within the institution of marriage. It serves as a lighthouse, guiding humanity through the stormy seas of societal norms, toward justice and equality. Analysing the Quranic guidance reveals a clear emphasis on maturity, mutual consent, and equitable treatment as prerequisites for marriage, making a strong case against the practice of child marriage.
Age of Maturity and Responsibility in the Quran
“Test orphans until they reach the age of marriage. If you find them capable of sound judgment, hand over their property to them.” (Q.4:6)
This verse establishes a connection between the age of marriage and the attainment of maturity (rushd), both physically and intellectually. The age of marriage here is likened to a fruit ripening on a tree—only when it is ready can it be picked. It implies that marriage is not solely about reaching puberty but also about achieving sound judgment and responsibility, conditions unattainable by children.
“When the children among you reach puberty, let them ask permission [before entering private rooms].” (Q.24:59)
While recognizing puberty as a significant milestone, the verse does not equate it with readiness for marriage. Instead, it acknowledges puberty as the dawn of awareness, not the zenith of maturity. It highlights the gradual progression of maturity and the importance of understanding social boundaries. This nuanced approach aligns with broader Quranic principles of personal development and accountability.
Marriage as a Contract (Aqd)
The Quran describes marriage as a solemn covenant (‘mithaq ghaliza’) and a mutual contract. This covenant is akin to a bridge, requiring both pillars to be strong enough to support its weight. Several verses underscore the necessity of mutual consent and responsibility:
“Indeed, you have taken them as a pledge from God, and God’s covenant includes accountability.” (Q.4:21)
This verse emphasizes that marriage requires mature individuals capable of understanding and fulfilling their contractual obligations. Children, by their very nature, are like unformed clay—they lack the intellectual and emotional capacity to enter into such binding agreements. The Quran’s use of terms like ‘pledge’ and ‘accountability’ reinforces the idea that marriage involves a profound responsibility that transcends mere physical union.
Consent and Mutual Respect
“O believers! It is not permissible for you to inherit women against their will” (Quran 4:19). The verse underscores the crucial role of consent in human relationships, particularly within the contexts of marriage and inheritance. This verse provides profound guidance on upholding autonomy, mutual respect, and fairness.
Firstly, the verse recognizes women as individuals with full agency over their lives. It explicitly prohibits practices like inheriting women against their will or exploiting them for unjust gains. This affirms their right to make independent decisions regarding marriage and their relationships.
Secondly, the Quran emphasizes the importance of kindness and respect in all interactions, even during challenging circumstances. This principle fosters a culture of compassion and ensures that relationships are built on mutual dignity.
Finally, the verse implicitly advocates for informed decision-making. True consent necessitates that decisions are made freely and with full awareness of the implications. This requires equitable access to relevant information for all parties involved, ensuring that choices genuinely reflect their individual will.
By prioritizing consent, Quran 4:19 promotes the values of healthy relationships, mutual respect, and the overall well-being of all individuals. It serves as a timeless reminder to uphold justice, empathy, and ethical conduct in all personal and societal interactions.
“They (women) have rights similar to those over them in a just manner.” (Q.2:228)
This verse underscores the necessity of mutual respect and compatibility, like two hands coming together in prayer, forming a harmonious union. Such qualities cannot exist in a marriage involving a child. Consent, a foundational element of marriage, presupposes a level of maturity and understanding that children inherently lack.
Prophet Muhammad taught:
“A virgin woman should not be married until her consent is sought, and her silence is considered as her consent.” (Bukhari 5137; Muslim 1425)
“A woman came to the Prophet Muhammad and said that her father had married her to her cousin without her consent. The Prophet gave her the option to annul the marriage or continue it.” (Abu Dawud 2078)
“A matron should not be given in marriage to someone she does not like.” (Ibn Majah 9: 1874)
The Prophet’s Displeasure with Child Marriage
The Prophet Muhammad’s protective attitude toward his daughter, Fatimah, serves as a strong indication of his displeasure with child marriage. A narration about Fatimah states:
“Fatimah is a small child (jariyah saghirah) from me, and I am very protective of her.” (Al-Bayhaqi, Sunan Al-Kubra, Vol. 6, Pg. 204; Ibn ‘Abd al-Barr, Al-Isti’ab, Vol. 4, Pg. 1896)
This statement reflects the Prophet’s deep awareness of children’s vulnerabilities and the importance of safeguarding their rights and well-being. By describing Fatimah as a “small child,” the Prophet emphasizes her innocence and vulnerability, implying that she is not ready for marriage.
The Prophet’s actions serve as a beacon, illuminating the path of compassion and care for future generations. This example underscores the Quranic ethos of prioritizing the welfare of children and preserving their innocence (Q.46:15, 17:31).
The Prophet’s protective attitude toward Fatimah teaches us that children should be safeguarded from harm, including the harm caused by early marriage. This lesson is particularly relevant today, as child marriage remains a significant challenge in many parts of the world. By following the Prophet’s example, we can work towards creating a world where children are valued, protected, and allowed to thrive.
Misinterpretation of Q.65:4
Traditionalists and fundamentalists often misinterpret the following verse to justify child marriage:
“Those of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, and for those who have no courses (it is the same): for those who carry (life within their wombs), their period is until they deliver their burdens.” (Q.65:4)
This verse primarily addresses divorce and waiting periods (iddah), rather than marriage eligibility. Specifically, it discusses the post-divorce waiting period for “women” (nisa’), a term that implicitly refers to adults, rather than children. Moreover, the verse does not establish a minimum age for marriage, but rather focuses on the legal and emotional protections for women during divorce proceedings.
The phrase “those who have no courses” more accurately refers to exceptional cases of amenorrhea (absence of menstruation), rather than establishing a norm for child marriage. In context, this verse aims to safeguard women’s rights during divorce proceedings, rather than condone child marriage. Using this verse as a justification for child marriage distorts its original intent, which is rooted in protecting vulnerable individuals during life transitions.
Marriage eligibility should be based on physical and emotional maturity, rather than solely on menstruation. This perspective aligns with scientific research on adolescent development. Child marriage violates human rights and dignity, and is not condoned by Islamic principles.
The Quran emphasizes several core values that guide Muslim reformists. Muslim reformists should prioritize the well-being and agency of individuals, upholding the Quranic values of justice (Q.4:135), compassion (Q.21:107), and human dignity (Q.17:70). The Quran emphasizes the importance of compassion and kindness towards all of humanity. Q. 21:107 reminds us to “show mercy to those on earth, and God will have mercy on you.” Further, the Quran recognizes the inherent dignity and worth of every human being. “We have honoured the children of Adam” (Q.17:70). This recognition of human dignity is a cornerstone of Islamic ethics. By grounding their efforts in these Quranic values, Muslim reformists can strive to create a more just, compassionate, and equitable society that prioritizes the well-being and agency of all individuals. This includes advocating for social justice, promoting human rights, and working towards a more inclusive and harmonious world.
Ethical and Contextual Arguments Against Child Marriage
The Quran’s revelation occurred in a time when child marriage was prevalent. Its guidance sought to regulate and reform societal norms, promoting justice and human dignity. It planted the seeds of reform in a barren landscape, paving the way for future generations to reap the fruits of equality and compassion. Islamic ethics, rooted in the principles of compassion and fairness, demand the continuous re-evaluation of practices to align with these values.
The Quranic framework unequivocally emphasizes maturity, mutual consent, and justice as prerequisites for marriage. It describes marriage as a contract requiring intellectual and emotional readiness, which children cannot fulfil. To misinterpret Quranic verses to justify child marriage is akin to bending a straight arrow; it distorts its intended trajectory toward justice.
Child marriage violates fundamental principles of dignity, justice, and human rights. By contextualizing Quranic teachings within modern ethical frameworks, we affirm that Islam’s ultimate aim is to protect and promote human well-being, thereby unequivocally opposing child marriage. In this light, Islam’s message shines as a mirror reflecting the eternal values of compassion and equity. The Quran’s guidance remains a timeless call to prioritize the welfare of all individuals, ensuring that marriage is a union built on justice, maturity, and mutual respect.
V.A. Mohamad Ashrof is an independent Indian scholar specializing in Islamic humanism. With a deep commitment to advancing Quranic hermeneutics that prioritize human well-being, peace, and progress, his work aims to foster a just society, encourage critical thinking, and promote inclusive discourse and peaceful coexistence. He is dedicated to creating pathways for meaningful social change and intellectual growth through his scholarship. He can be reached at [email protected]
