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Old 05-05-2011, 02:09 AM   #19
CaseyFan

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Oct 2005
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485
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following on that suggestion that Nabi would marry her and not consummate that marriage, precisely what age should the wife be when a husband can consummate the marriage without having to be answerable for it?

A more probing question would be, how do you think our Fiqh and Islamic rules would evolve for today, if we assume that Nabi had not consummated the marriage? Do you think any madhab (School of thought) would allow consummating with a 9/10 year old female who is completely mature, able to bear children, desirous of relationship by token of being baligh. Afterall Rasulullah did not, then it must be impermissible.

My point is, that Rasulullah doing so also establishes a ruling of shariah, that consummation does not depend on age rather the ability of girl to consummate and bear children.

Another point to ponder, just something to tantalize those neurons. According to Western law normally age of consensual relation is 18. What makes 17 years and 364 days not eligible for the woman to make her private choice, and suddenly the birthday bells give her that ability?

You can also twist this matter into Islamic question. The surety of buloogh (maturity) is at the age of 15 lunar (14.5 solar) years. What makes her mature a moment after her 15th year? and not before then?

Yes, in terms of specific laws it is odd. I think if Aisha (ra) even 13 years old or 12 at the least a lot of people would have less of a problem with it. But then again you never know, people object to all kinds of things. It is definitely plausible that puberty could have been complete at the ages of 13 (or 12) despite it being rarer then usual. However, 9 for the completion of puberty is nearing on the impossible (I won't say it is as you do have rare cases of girls of that age giving birth). The arugement I've seen used is that the onset of puberty (which is rare as it is at 9 let alone compeltion) is not a sign of readiness for "maritial relations" mentally or physically. They argue Aisha (ra) may have started puberty but this would not mean she was mentally or physically ready (mental or physical readiness would be heralded by the completion of puberty at differing ages for different people). I am not a medical doctor so I'm not an expert on the fine points. But, it is feasible that sexual maturity may be reached by 13-14 (hence teenage pregnancies and what not). But, 9 is why non-muslims disagree.

I'm just putting this out there for discussion.

Allah knows best
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