Q: I am asking these questions on behalf of somebody else who says he has issues about the age of Aisha radi Allahu `anhaa when the marriage was consummated amongst other things.
These are his questions, (would be grateful if answered):
QUOTE “Ok, I agree that may be helpful:
1) What is the definition(s) of a “child” in the Shari’ah?
2) What is the definition(s) of “child abuse” in the Shari’ah?
3) What rights that a child has under the Shari’ah?
4) What is the definition(s) of a Guardian (Wali) in the Shari’ah?
5) Who can be the Guardian (Wali) of a female child? Is there a difference for male children?
6) What rights does a Guardian (Wali) have over the female child? Is there a difference for male children?
7) What are the responsibilities that a Guardian has towards the child? What practical provisions does the Shari’ah set in place to ensure that the Guardian is fulfilling these responsibilities?
8) What are the responsibilities that a female child has towards the guardian? What practical provisions does the Shari’ah set in place to ensure that the Guardian is fulfilling these responsibilities?
9) Please give Shari’ah definition(s) of a marriage contract and what does it mean when someone has entered into a marriage contract? What would have to take place to have the marriage contract annulled?
10) Are there any valid Shar’i opinions from the 4 major Mathaahib that state that a Guardian/Wali may marry of a female under his guardianship without their consent?
If these are answered I’ll have a few more questions based upon the answers of these questions. I put definition with a bracketed ‘s’ indicating that I would like to know all valid opinions on these matters, not just the opinions of a single mathab, maslak, etc.” QUOTE
A: Any right-thinking sane person will understand that the practice of Nabi (sallallahu alaihi wa sallam) and the Sahaabah (radhiyallahu anhum) were practices that are of the highest standards. People who do not recognise these standards will talk against them. Generally they themselves become victims of abuse, either they abuse or become victims. Hence, we see in most civilised countries that the level of child abuse is the highest. When a woman has reached her full age and she has the strength of marital life then there is no reason for delaying getting her into a marriage. Delaying such a person who has already reached her full age and is strong enough to manage marital responsibilities is just asking for trouble, mischief and corruption. In fact, indecency and loose conduct is so rife in western circles that it is quite impossible to find a mature girl who has not experimented in some way or the other in some lewd haraam activity.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)