[Sawyer]

As-salamu alaykum.

I have some questions about a verse from the Qur'an. Here is an English interpretation of the meaning of the verse:

Sahih International [65:4]
And those who no longer expect menstruation among your women - if you doubt, then their period is three months, and [also for] those who have not menstruated. And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease. Does this verse, when it is says (in translation) "and [also for] those who have not menstruated," indicate that it is permissible to marry pre-pubescent girls? If so, would this also mean that consummation of the marriage would be permissible?

JazakAllah Khayran for all of your help.

[RadcliffXX]

Puberty is determined to have been reached in different ways since it has 'signs'. Menstruation is one sign but not the only sign. If a girl is physically ready for intercourse but has not menstruated, then she can have intercourse if it is not harmful to her. This is what the verse means according to what I have read. And Allah knows best

[foI3fKWv]

^Thank you for the reply. Could someone please possibly provide a reliable source for the opinion in the post above this one or provide further clarification on this issue?

[Sx1qBli0]

^Thank you for the reply. Could someone please possibly provide a reliable source for the opinion in the post above this one or provide further clarification on this issue?

Even 'Modern medicine' does not consider menstruation as the only sign of puberty. And often even after the 'first menses' the periods are not regular initially and occurs with long gaps after many months. So young girls who already attained puberty might not have periods regularly.

[Sarah Armstrong]

Thanks for all of the replies so far. Can it safely be said that in Islam, consummation of marriage cannot take place until the girl has reached puberty? This is my current understanding, but reading this verse again made me wonder if it is correct.

[worldofwarcraft]

it is permissible to marry pre-pubescent girls?

Yes, there is no minimum age for a nikah contract to take place between two parties.
Theorically, if me and you want to make the nikah of our 1-year-old children, that would be valid. And as soon as they get mature (baligh), they'd have the choice whether "confirming" such nikah or refusing it.

If so, would this also mean that consummation of the marriage would be permissible?

I've always thought that's conditional to actually having reached puberty, wa Allahu a'lam. But I wouldn't have sources for this. Hope others may help on this.

[EscaCsamas]

^Thank you for your reply.

Can anyone provide sources?

[atmowasia]

Yes, there is no minimum age for a nikah contract to take place between two parties.
Theorically, if me and you want to make the nikah of our 1-year-old children, that would be valid. And as soon as they get mature (baligh), they'd have the choice whether "confirming" such nikah or refusing it.

By refusing do you mean the husband would just give talaq?

[ZonaPutaX]

http://askimam.org/public/question_detail/19344


According to various classical scholars, a prepubescent can be involved in a marriage contract, but the marriage is to be consummated when she reaches puberty. If the ‘iddah for a prepubescent divorcee is three months (sūrah 65:4), then how come sūrah 33:49 says that there is no ‘iddah if the marriage isnot consummated?

In short, is there an ‘iddah for a divorced prepubescent or not? If there is, what do you say about sūrah 33:49? If there is not, what do you say about sūrah 65:4?

Answer

As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.

There are two āyahs under discussion. The first one is from sūrah al-Ahzāb.

يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا (الأحزاب: 49)

O you who believe, when you marry believing women and then divorce them before you have marital relations, then you have no ‘iddah upon them… (Qur’an 33:49)



The second āyah under discussion is from sūrah al-Talāq.



وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِنْ نِسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَ وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّ وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مِنْ أَمْرِهِ يُسْرًا (الطلاق: 4)

And those of your women who have passed the age of monthly courses and those who have no courses, if you have doubts, their ‘iddah is three months… (Qur’an 65:4)



The āyah in al-Ahzāb is stating that if a couple has not engaged in marital relations, then the woman does not have to observe an 'iddah in case of a divorce. This is regardless of the age of the wife. On the other hand, the āyah in al-Talāq is discussing the 'iddah of a woman in the case where the couple had engaged in marital relations. A prepubescent girl, with whom a marriage is not normally consummated, falls within the ruling mentioned in al-Ahzab.



At times, even though a girl reaches the age of maturity, she still does not menstruate due to certain medical conditions. However, because of her having reached maturity, she and her husband may have consummated the marriage. In the case of a divorce and the absence of menstruation in this scenario, she will observe an 'iddah equivalent to three lunar months. This is the ruling mentioned in al-Talaq. Hence, there is no contradiction in rulings, as they discuss different scenarios.



And Allah knows best.



Mufti Abrar Mirza
Chicago, IL (USA)

Under the Supervision of Mufti Ebrahim Desai (South Africa)

[bredkumanfirst]

Thanks to everyone for their replies in this thread.