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06-06-2012, 10:50 AM
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#1 |
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 Muslim girl can marry at 15 if she attains puberty: Delhi high court
NEW DELHI: Ruling that a Muslim girl can marry a person of her choice if she has attained puberty i.e. 15 years, the Delhi high court has held the marriage of a minor valid and allowed her to stay in her matrimonial house.
"According to Mohammedan Law, a girl can marry without the consent of her parents once she attains the age of puberty and she has the right to reside with her husband even if she is below the age of 18....," a bench of justices S Ravindra Bhat and S P Garg observed while accepting the minor's plea to allow her to stay in her matrimonial home. Citing various verdicts of the Supreme Court, the bench disposed of a petition filed by the girl's mother alleging that her daughter was kidnapped by a youth and forced into marriage in April last year. HC said that it is clear that a Muslim girl who has "attained puberty, i.e. 15 years, can marry and such a marriage would not be void. However, she has the option of treating the marriage as voidable, at the time of her attaining the age of majority, i.e 18 years". The bench accepted the 16-year-old's statement that she had left her parental home to marry the man of her choice and her husband should not be booked on the charge of kidnapping. Meanwhile, to ascertain the girl's well being, the court has directed the couple and in-laws to appear before a CWC once in every six months till the girl attains majority. The girl's mother had claimed in petition that after abducting the girl on March 13 last year, the man telephoned her threatening to kidnap her other daughter if any legal action was taken against him. An FIR was registered on April 14 in Gokalpuri police station, northeast Delhi stating that the man had kidnapped the minor. The mother said police had not taken any action, forcing her to approach the court.] source: http://timesofindia.indiatimes.com/i...w/13852822.cms |
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06-13-2012, 11:34 AM
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#2 |
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06-13-2012, 03:03 PM
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#3 |
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this article is incorrect in many ways:
This doctrine, which also finds a mention in the Delhi HC ruling, is known as khiyar al-buloogh or, option of puberty. It is based on a report in Abu Dawood's hadess collection, wherein the Prophet is supposed to have given a minor girl the option to repudiate her marriage when she informed him that her father had married her off against her will agreed. then he says: Also, there is no mention of puberty in the report and hence, the Prophet could not have advised her to wait until puberty to exercise her right to divorce. how is this conclusion drawn?only conclusion is the girl was married against her will. and minor does refer to 'lack of puberty'. so how does this report not mention puberty? Further along, Even if it is hypothetically assumed that bikran refers to a minor, the wordings of the Abu Dawood hadees clearly indicate that the Prophet had the marriage annulled immediately on knowing from the girl that her consent was not obtained exactly. how does it refer to her age. even if a girl is not a minor the marriage can be annulled in a similar way. it has nothing to do with age but consent of the girl. In a similar narrative mentioned in Sahih Bukhari, the Prophet annulled the marriage of Khansa'a bint-e-Khizaam when she complained to him that her father had forced her into a marriage which was not to her liking. The only inference that could be drawn from these reports is that child or forced marriage has no legal validity in Islam. this shows marriage was annulled because it wasnt to her liking. not because she was minor. there is no mention of 'minor'. he is forcing conclusions down people's throat. This conclusion is supported by another hadees, found in both Sahih Bukhari and Sahih Muslim, in which the Prophet is quoted as saying, “An ayyim (a widow or divorcee) shall not be married till she gives her consent, and nor a bikr (a virgin) be married till her consent is sought.” again it is consent that is important. in both cases. he says above that bikr means a grown up virgin and not a minor. so how does he conclude it means minor here and also the hadith somehow refers to prohibition of this 'minor' marriage? Child marriage in Islam is also justified on the basis of a hadees which claims that the Prophet married Hazrat Aisha when she was just six and consummated the marriage when she was nine. The authenticity of this report is doubtful for several reasons. First, the Prophet could not have gone against the Koran to marry a physically and intellectually immature child phsycially and intelelctually immature now was not so back in 19th century. even now there are girls in parts of the world who attain puberty at this age and they are not a rarity. you just think the women of the world are represented by who you see in your university and on tv. Second, the age of Hazrat Aisha can be easily calculated from the age of her sister Hazrat Asma who was 10 years older than Hazrat Aisha. The author of the hadees collection. Mishkath, in his biography of narrators (Asma ur Rijal), writes that Hazrat Asma died in the year 73 Hijri at the age of 100, 10 or 12 days after the martyrdom of her son, Abdullah ibn Zubair. It is common knowledge that the Islamic calendar starts from the year of the Hijrah or the Prophet's migration from Mecca to Medina. what evidence is there of the difference between the sister's ages? what evidence she died in 73 AH at age of 100? it is evidence from books of ahadtih isnt it? yet the same books give her age to be 9 as he mentions. and that is a sahih hadith. ironically no scholar before the modernists started to seek acceptability from the west, realized this 'grave error' in judgement on their side? even so if you reject some sahih hadiths why do you believe in the others from mishkat telling about the age of the older sister? it is not based upon academic study of ahadith. he are accepting and rejecting ahadith according to what he likes. and he should provide exact hadith number for mishkat where he quotes from. again, 1000 years of scholarship missed this and modernists 'realized' this when they wished they would be more acceptable to the west. The foregoing scriptural evidence shows that there exists a strong case to delegitimise child marriages and fix 18 as the age of marriage for Muslim girls, thereby bringing Muslim personal law in conformity with the Koran and the teachings of the Prophet. This would prevent right-wing parties from exploiting controversial court judgments to time and again threaten the Muslims with a Uniform Civil Code. proof of what i just said. try and give dawah to right wing parties instead. does wonders. however if one continues to appease islamophobes know that they will not rest unless islam conforms completely to their secular way of thinking and their whims and desires. this cycle will never end. Yet traditions are cited by the jurists to justify child marriage as if to suggest the Prophet allowed what the Koran clearly did not encourage. For instance, Sunni law, without any Koranic or Prophetic basis, empowers the father, granting him the status of wali (guardian), to impose marriage on his minor children in their “best interests.” without Qur'anic or Prophetic basis. and what about the first three generations of Islam that are unanimously agreed to be daleel? the author seems to have no idea how any fiqh ruling is derived. even more so since later iin the article he himself gave evidence that he does not understand hadith one bit. Mulla's Principles of Mohammedan Law clear bias and hatred towards scholars. whenever you see such words know immediately whatever the person will say afterwards will be nothing but an attack on islam. |
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06-13-2012, 04:53 PM
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#4 |
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sorry to say akhi but that article is nonsense. In islam, we can get married as soon as we reach puberty, whenever taht may be
even teh western world you are trying to imitate doenst set the bar that high in most cases (i.e. 18 years old). Islam prohibbits forced marriages, stop forced marraiges and let teh girls choose when and who to marry and taht will solve any problems we currently face inshAllah |
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06-13-2012, 05:10 PM
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#5 |
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sorry to say akhi but that article is nonsense. In islam, we can get married as soon as we reach puberty, whenever taht may be |
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06-13-2012, 07:17 PM
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#6 |
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Islam prohibbits forced marriages, stop forced marraiges and let teh girls choose when and who to marry and taht will solve any problems we currently face inshAllah by the way, I have a question, is neccessary to have wali's persmission? for example I am a hanafi and if I wanted to merry someone but my parents forbid me with no valid reasons, can I merry withouth their permission? is their permission neccessary even in this case? what's the opinion of hanafi madhab about this? |
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06-13-2012, 07:23 PM
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#7 |
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according to Shafi madhab, a father can force her daughter to merry the man he choses for her. Honestly I just can't understand how come this is possible, but I found out it is, at least I've been told so! And if a man is rejected based on any reason by the wali, EXCEPT deen or character, huge fitnah and oppression will be in the land. Many imaams will marry you if you have a good religious guy who gets rejected on basis on some stupid reason e.g. caste or tribe or ethnicity. Also its waajib to get married if you fear you will commit haraam so you wont need your parents permission as there is no obeying the creation over the creator so westernised muslim parents who force their kids to not marry till their twenties or thirties, due to studies, mortgages etc, this applies to them. Allahu a'lam where did you hear taht concerning forced marriages? |
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06-13-2012, 07:27 PM
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#8 |
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according to Shafi madhab, a father can force her daughter to merry the man he choses for her. Honestly I just can't understand how come this is possible, but I found out it is, at least I've been told so!  Extracts from Shafi'i Fiqh book, Umdat As salik: No guardian may marry a woman to someone who is not a suitable match (def: m4) without her acceptance and the acceptance of all who can be guardians. The only guardians who may compel their charge to marry are a virgin bride's father or father's father, compel meaning to marry her to a suitable match (def: m4 ) without her consent. A SUITABLE MATCH (KAFA'A) (N: The definition of a suitable match should not be misunderstood as a recommendation for whom to marry. It is merely a legal restriction to protect a woman's interests when the father or grandfather of a virgin marry her to someone without her consent (dis: m3.13,15). As for when she wishes to marry someone who is not a suitable match, and her guardian has no objection, there is nothing wrong or offensive in her doing so.) I don't understand how the above became this: according to Shafi madhab, a father can force her daughter to merry the man he choses for her. Kindly don't say things without proper knowledge. P.s. for the complete extract: http://www.sunniforum.com/forum/show...l=1#post773133 if the shaafi madhab really does say that, then the shaafi madhab is wrong. As usual quick to judge if it doesn't comply with own opinion. Remember Shaafi Fiqh is based on Quran, Sunnah, ijma, Qiyas etc. A result of hundreds of years of scholarship following a specific usool. Yet you rejected it 'just like that'. What happened to you bro, you were more reasonable few months back. |
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06-13-2012, 07:34 PM
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#9 |
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according to Shafi madhab, a father can force her daughter to merry the man he choses for her. Honestly I just can't understand how come this is possible, but I found out it is, at least I've been told so! |
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06-13-2012, 07:41 PM
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#10 |
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Kindly don't say things without proper knowledge. I haven't read yet what you've reported, I mean not all because I don't have time right now, inshalah I will read it later, but if I'm wrong, good to know then! 
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06-14-2012, 01:53 AM
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#11 |
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according to Shafi madhab, a father can force her daughter to merry the man he choses for her. by the way, I have a question, is neccessary to have wali's persmission? for example I am a hanafi and if I wanted to merry someone but my parents forbid me with no valid reasons, can I merry withouth their permission? is their permission neccessary even in this case? what's the opinion of hanafi madhab about this? The issue of kufu' regards lineage, Islam, wealth, etc.; see: http://www.muslimkids.8m.net/NIKAH.htm Suitability in Marriage: Kafa'a - http://qa.sunnipath.com/issue_view.a...ID=601&CATE=10 Kafa'a - Conjugal suitability - http://qa.sunnipath.com/issue_view.a...=3678&CATE=239 Compatibility in Marriages - Mufti Muhammad Taqi Usmani - http://www.shariahprogram.ca/women-i...arriages.shtml Kafa'ah (Suitability and Compatibility) in Marriages - http://www.shariahprogram.ca/women-islam/kafaah.shtml http://www.askimam.org/fatwa/fatwa.p...16b4dceb0448aa http://www.askimam.org/fatwa/fatwa.p...aef065a0a10735 http://www.askimam.org/fatwa/fatwa.p...bf6e2349b0cd63 http://www.askimam.org/fatwa/fatwa.p...2024077999a09c http://www.askimam.org/fatwa/fatwa.p...f6d565db2487fc http://www.askimam.org/fatwa/fatwa.p...30e03bafb2dd92 http://www.askimam.org/fatwa/fatwa.p...24bf6a8f4dfa28 http://www.askimam.org/fatwa/fatwa.p...ff7ae6cc227e30 http://www.askimam.org/fatwa/fatwa.p...5e443bc9802fb7 (the last few links are from the old website but you may have a search on askimam for "kufu'", "kafa'ah", "compatibility" and insha'Allah you'll get many results.. |
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