Sharia Law: Child Marriage And Adult Men

Sharia law, or Islamic law, is a religious law that governs the behaviour of those who follow the Muslim faith. It is derived from the Quran and the Hadith, which is a collection of the sayings and actions of the Prophet Muhammad. While the Quran states that women are morally and spiritually equal to men, it also indicates that wives and mothers have specific roles in the family and society. Certain governments use Islamic law to significantly restrict women's rights, dictating how they dress, barring them from certain spaces, and preventing them from initiating divorce and marriage on their own, which can contribute to child marriages. In the context of marriage, the age of consent is a significant concern, especially when discussing the intersection of Sharia law and the legal systems of Muslim-majority countries.

Can adult men marry children under Sharia law?

Islamic law and child marriage

Child marriage remains a pressing issue in many Islamic countries, as well as in some Christian African countries, India, Latin America, and the Caribbean. The practice is influenced by various factors, including poverty, family honour, and religious and customary laws. While the Quran states that women are morally and spiritually equal to men, certain interpretations of Sharia law have been used to restrict women's rights, including their freedom to initiate divorce and marriage.

In her book, "Minor Marriage in Early Islamic Law," Carolyn Baugh examines the opinions of Quranic commentators on the age of maturity for financial and legal responsibilities. Baugh notes that while there is no explicit indicator in the Quran for an age of marriage, Quran 4:6 mentions testing orphans until they "reach [the age of] marriage" (balaghu al nikah). This has been interpreted by some as reaching puberty, which is consistent with Kecia Ali's observation that jurists viewed puberty as the point at which a father could no longer force his child into a marriage contract.

The permissibility of child marriage in Islamic law has been a subject of debate, with some arguing that it is a misconception that Islam permits such marriages. Critics argue that child marriage contradicts the Quran's emphasis on marriage as a "solemn pledge," requiring a level of maturity and responsibility that children have not yet attained. Additionally, the Quran forbids forcing women to marry against their will, which aligns with the idea that children lack the capacity to consent to marriage.

However, historical interpretations of Islamic law have allowed for marriages involving pre-pubescent girls. During the Sasanian period, middle Persian law set the minimum age for marriage at nine years old, with consummation allowed at twelve or, according to one jurist, at nine if the girl was physically mature. In recent decades, most Muslim-majority countries have raised the legal age of marriage, but child marriage under 18 and 15 still persists in some Islamic countries.

The implementation of Sharia law varies across different countries. Some Muslim-majority countries incorporate Sharia-based laws into their legal systems, while others maintain a dual system where Muslims can choose to bring certain matters, such as marriage and divorce, before Islamic courts. The influence of European-style law is also evident in the legal systems of some Islamic countries, impacting the interpretation and application of Sharia law.

Women's rights under Sharia law

While the Quran states that women are morally and spiritually equal to men, it also indicates that wives and mothers have specific roles in the family and society. Certain Sharia guidance applies specifically to women, and some governments use Islamic law to significantly restrict women's rights. For example, in Iran and Saudi Arabia, Islamic law requires women to wear veils and be accompanied by male guardians in public places. Other laws prevent women from initiating divorce and marriage on their own, contributing to child marriages and gender-based violence.

Sharia law, or Islamic law, is derived from the Quran, Islam's holy book, as well as the Sunnah and Hadith - the deeds and sayings of the Prophet Muhammad. It acts as a code for living that all Muslims should adhere to, including prayers, fasting, and donations to the poor. It also covers various aspects of life, such as personal conduct, family matters, criminal law, and economic transactions. However, the implementation of Sharia law has been criticised for disproportionately impacting women's rights and freedoms in several countries.

In Afghanistan, the Taliban's interpretation of Sharia law has made headlines for banning women from hearing other women's voices and closing all women's beauty salons. Additionally, the Taliban has imposed restrictions on women's education and employment opportunities, as well as limited access to healthcare and denied them fundamental human rights. Similarly, in Saudi Arabia, women's lives are closely monitored and regulated through the implementation of Sharia law. While the country lifted the driving ban for women in 2018, other restrictions on travel and dress continue to limit women's freedoms.

In Iran, a male guardianship system governs women, requiring them to obtain permission for marriage, divorce, custody, inheritance, and even travel abroad. While Sharia law varies in interpretation across different countries, it has been used in some cases to perpetuate inequality and restrict women's rights. For instance, in countries like Malaysia and Nigeria, Muslims can choose to bring matters related to marriage, divorce, inheritance, and guardianship to Islamic courts, which may prioritize religious laws over women's rights.

Secular vs Islamic law

Secular law and Islamic law differ in many ways, particularly in the areas of marriage, divorce, inheritance, and guardianship. While secular law is based on a separation of church and state, Islamic law, or Sharia, guides the personal religious practices of Muslims worldwide. The influence of Sharia on legal systems in Muslim-majority countries is a subject of intense debate.

Islamic law, or Sharia, is based on the teachings of Islam and the Quran. It covers a wide range of topics, including marriage, divorce, inheritance, and criminal law. One of the key principles of Islamic law is the idea of a contract between two parties. In the context of marriage, this contract is known as the "marriage contract" and outlines the rights and obligations of each spouse. The husband's first duty is to pay an agreed-upon dower (mahr or sadaq) to his wife, which is legally hers to keep. In exchange, the husband receives "milk al-nikah", or "ownership of marriage", which gives him unilateral control over the marriage, including the right to end it at any time.

On the other hand, secular law is based on a secular or non-religious framework. In the context of marriage, secular law typically recognizes marriage as a civil agreement between two individuals, regardless of their religion. Secular law also tends to emphasize the equality of spouses within a marriage, with both spouses having equal rights and responsibilities.

The application of Islamic law and secular law varies depending on the country and the local customs and traditions. In some countries with large Muslim populations, such as Malaysia and Nigeria, there is a dual legal system where Muslims can choose to bring certain matters, such as marriage and divorce, to Islamic courts. In other countries, such as Iran and Saudi Arabia, Islamic law is the official legal system, and Sharia is designated as the source of law. In still other countries, such as the United Kingdom, Islamic tribunals are allowed to make legally binding decisions on matters of marriage, divorce, and inheritance if both parties agree.

The debate over the role of Sharia in modern legal systems is ongoing, with critics arguing that certain interpretations of Islamic law can restrict women's rights and contribute to child marriages and gender-based violence. Proponents of Islamic law argue that it provides a moral and social framework that promotes stability and righteousness within families and society as a whole.

Polygamy and divorce

Polygamy, specifically polygyny, is permitted under Sharia law, which governs the legal and moral framework for Muslims. Polygyny refers to the practice of a man having several wives, with Muslim men allowed to have up to four wives at a time. This practice is prevalent in certain regions, including sub-Saharan Africa, where 11% of the population lives in polygamous arrangements. In countries like Burkina Faso, Mali, and Nigeria, polygamy is legal and relatively common, with Muslims more likely to engage in this practice than Christians.

However, polygamy is a complex and multifaceted issue under Sharia law, and while it is permitted, it is subject to stringent conditions aimed at ensuring fairness and justice. In Iran, for example, a law grants a wife the right to obtain a divorce if her husband marries another woman without her permission or if he fails to treat his wives fairly and equally. This provides Iranian Muslim women with some legal protection against polygyny, although the interpretation and enforcement of such laws can vary.

The interpretation of Islamic texts regarding polygyny has been a subject of debate, with some arguing that the Qur'anic verses improved the position of women by limiting the number of wives and emphasizing the difficulty of treating multiple wives equitably. On the other hand, critics argue that the arrival of Qur'anic law resulted in a loss of sexual autonomy for women.

Polygamy is generally rare around the world, with only about 2% of the global population living in polygamous households. It is banned in many countries, and the United Nations Human Rights Committee has called for its abolition, stating that it "violates the dignity of women." In the U.S., while having spouselike relationships with multiple people is not prosecuted, every state has laws against being married to more than one person simultaneously.

Corporal punishment

While there is no mention of corporal punishment in the context of child marriage in Islamic law, traditional interpretations of Sharia law do prescribe punishments that are considered harsh compared to modern legal systems. These include the hudud punishments of stoning, lashing, and amputation for crimes such as theft, blasphemy, and adultery. However, applying such punishments requires meeting extensive evidentiary thresholds, and they are meant more as a deterrent than for punitive effect. It is also important to note that most Muslim-majority countries do not administer physical punishments, although about a dozen have the authority to do so under state laws.

The topic of child marriage in Islamic law is a complex and controversial one. While some sources interpret Quranic verses and the example of Muhammad's marriage to Aisha as permitting marriage and consummation with pre-pubescent girls, others argue that there is no solid indicator in the Quran for an age of marriage. For instance, Kecia Ali observes that legal jurists viewed Quran 2:236-237 as referring only to women and not minors, which implies a significant time gap between the marriage contract and consummation.

The major schools of Islamic jurisprudence agree that a pre-pubescent child could be contracted in marriage by their father without their consent. However, the Maliki and Shafi'i schools allowed a father to forcibly marry his daughter even after she had reached puberty if she was still a virgin. The family would then hand over the bride for consummation when they determined she could endure intercourse without physical harm, with Ibn Hanbal specifying the age of nine due to the example of Aisha's marital consummation with Muhammad.

It is worth noting that child marriage is influenced by sociocultural norms and is not inherent to Islamic doctrine. Islamic scholars endorse alternative, peaceful parenting strategies that align with Islamic values. Efforts are being made to promote effective parenting strategies that avoid the use of corporal punishment in Muslim communities and nations.

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