Pakistani laws prohibiting underage marriage un-Islamic: CII

[livingdead]

@Azlan Haider

CII didn't gave any such fatwa.

My mind needs a shower after reading that.

that was a bit too much...

 

[Dubious]

@LoveIcon

On the sites that hadith is present, I do find the next hadith interesting:

6969. Narrated Al-Qãsim A woman from
the offspring of Ja'far was afraid lest her
guardian marry her (to somebody) against
her will. So she sent for two elderly men from
the Ansar, 'Abdur-Rahmãn and Mujammi',
the two sons of Jariya, and they said to her,
"Don't be afraid, for Khansã' bint Khidãm
was given by her father in marriage against
her will, then the Prophet cancelled that
marriage."
[See Hadith No.69451

http://futureislam.files.wordpress.com/2012/11/sahih-al-bukhari-volume-9-ahadith-6861-7563.pdf

 

[karan.1970]

Surprised????

Narrated Abu Huraira: The Prophet (ﷺ) said, "A virgin should not be married till she is asked for her consent; and the matron should not be married till she is asked whether she agrees to marry or not." It was asked, "O Allah's Apostle! How will she(the virgin) express her consent?" He said, "By keeping silent." Some people said, "If a virgin is not asked for her consent and she is not married, and then a man, by playing a trick presents two false witnesses that he has married her with her consent and the judge confirms his marriage as a true one, and the husband knows that the witnesses were false ones, then there is no harm for him to consummate his marriage with her and the marriage is regarded as valid."

Reference: Sahih al-Bukhari 6968
In-book reference: Book 90, Hadith 15

You got to be kidding me....

 

[Dubious]

that was a bit too much...

The title should not be Pakistani laws but Pakistani horny mullahs!

You got to be kidding me....

That is why they are hadith....narrations not words of GOD...and hence, why majority dont really care what the Mullah says...sadly new agencies make big $$ reporting mentally retarded men

 

[M. Sarmad]

Surprisingly not all hadith have this...You sure about the sources?


I have read a handful of Bukhari in 2 languages....surprisingly none sounded like this

Then again I read only 2 of the numerous books!!!

But this website in book 90 doesnt even have hadith 15

Sahih Bukhari Book 90. Wishes

Volume 9, Book 86, Number 98
Sahih Bukhari : Book of "Tricks"

 

[Dubious]

Volume 9, Book 86, Number 98
Sahih Bukhari : Book of "Tricks"

Yes I googled it...I found it...

My question is simple...Why is it not present in all the hadtih websites?

Why only some websites have that...Sahih Bukhari Book 90. Wishes

Doesnt even have more than 10 hadith in book 90! And the name of book 90 is different as to that present on that specific website being quoted!

 

[livingdead]

The title should not be Pakistani laws but Pakistani horny mullahs!


That is why they are hadith....narrations not words of GOD...and hence, why majority dont really care what the Mullah says...sadly new agencies make big $$ reporting mentally retarded men

i was refering to azlan's post..
majority might not care but these guys got influence and if they have consensus their words will be taken as interpretation of islamic law.
which means if you are in wrong side of such law, you are in trouble.

 

[Dubious]

Never mind found it...in vol. 9, book 86 hadith 98!

 

[Robinhood Pandey]

Dear brother , you can marry a two years old girl and fulfil your lust (but without penetrating), as per fatwas of some of greatest Islamic scholars . Why all this cry when Mullahs have pointed out obvious truth ??

 

[Dubious]

i was refering to azlan's post..
majority might not care but these guys got influence and if they have consensus their words will be taken as interpretation of islamic law.
which means if you are in wrong side of such law, you are in trouble.

Basically means...they need to retire...satya giyea!

 

[M. Sarmad]

Yes I googled it...I found it...

My question is simple...Why is it not present in all the hadtih websites?

Why only some websites have that...Sahih Bukhari Book 90. Wishes

Doesnt even have more than 10 hadith in book 90! And the name of book 90 is different as to that present on that specific website being quoted!

Hadith Numbers are usually different , there are also some sites with false Ahadith and Quranic Verses . One must be careful

 

[sur]

(.)How does one decide "The age".???(.)


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@Developereo @syedali73 @xyxmt @Emmie @forcetrip @xenon54 @airmarshal @Leader @KingMamba @Zarvan @Marshmallow @Jungibaaz .

Yes they are wrong

Marriage in Islam is permissible upon a few conditions.

1: Puberty
2: Mutual consent of the couple
3: Sanity
4: Ability to financially support the bride as the groom pays for the wedding, Haq Mahr (Right of the Wedding is a gift to the bride paid in cash)..

Nikkah (Islamic wedding) can't be conducted unless above parameters are met.

IC is exploiting the grey areas.

Do these 4 parameters come to accpetable level at age 18 only???


Puberty usually starts at around age 9-13, and as early as age 6, in normal & healthy females.

Sanity (mental maturity) and financial sufficiency can be lacking even at the age of 40.
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Age of marriage is a things that should be left to individual segments of culture rather than central government deciding one age for ALL. Even in USA all states make their own age of consent laws.

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In USA, NewHampshire: 13 year old can marry... State of Utah: 15 years old, can marry with permission... S.Carolina: minimum age for a female is 15 years... NewYork: a 14 year old can marry with court’s permission.

Even now, in a christian majority country(Tanzania) legal age is 12 years.

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Going little back in time...
In 1564, a three(3) year old named John was married to a two(2) year old named Jane in the Bishop's Court in Chester, England.

The American colonies followed the English tradition, and the law was more of a guide. For example, Mary Hathaway (Virginia, 1689) was only 9 when she was married to William Williams.

Sir Edward Coke (England, 17th century) made it clear that "the marriage of girls under 12 was normal, and the age at which a girl who was a wife was eligible for a dower from her husband's estate was 9 even though her husband be only four years old.


Though Shakespeare set his Romeo and Juliet in Verona, the fact that Juliet was thirteen(13) probably reflects the reality in England. Her mother, who was twenty-six, calls her almost an old maid.

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One medically proved association of increasing age of female to a birth defect:
One health risk, chances of which can be minimized by NOT delaying (marriage) child birth:

That's apologetic translation, red part is not mentioned anywhere in Arabic version.

No, it's not just another translation. It's another Hadees that gives fuller picture.
​

What If i tell you that as per so called "Sahih Hadith", you can just bring two witnesses and claim that xyz girl is your wife and your marriage should be considered valid & Islamic?

Surprised???? ...and then a man, by playing a trick presents two false witnesses that he has married her with her consent and the judge confirms his marriage as a true one, and the husband knows that the witnesses were false ones, then there is no harm for him to consummate his marriage with her and the marriage is regarded as valid."

Reference: Sahih al-Bukhari 6968
In-book reference: Book 90, Hadith 15

Huh?

That's an incomplete narration. More complete version fixes the misunderstanding that arose from the incomplete version that you quoted. More elaborate version tell us that "judge confirms" after lady consents before the judge.
The idea is, that as long as "ايجاب و قبول" is there between girl and boy; witnesses being false does NOT null the nikah. As per Hanafi Fikh (LINK), 2 witnesses are NOT even required. Just "ايجاب و قبول" and announcement of it makes nikah valid.




Here's a more complete version: This one makes it clear that she consented before consuming nikah. Witnesses being false doesn't affect nikah as long as lady told the judge that she accepts him as spouse.

Narrated `Aisha: Allah's Messenger said, "It is essential to have the consent of a virgin (for the marriage). I said, "A virgin feels shy." The Prophet; said, "Her silence means her consent." Some people said, "If a man falls in love with an orphan slave girl or a virgin and she refuses (him) and then he makes a trick by bringing two false witnesses to testify that he has married her, and then she attains the age of puberty and agrees to marry him and the judge accepts the false witness and the husband knows that the witnesses were false ones, he may consummate his marriage."
:

حَدَّثَنَا أَبُو عَاصِمٍ، عَنِ ابْنِ جُرَيْجٍ، عَنِ ابْنِ أَبِي مُلَيْكَةَ، عَنْ ذَكْوَانَ، عَنْ عَائِشَةَ ـ رضى الله عنها ـ قَالَتْ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم ‏"‏ الْبِكْرُ تُسْتَأْذَنُ ‏"‏‏.‏ قُلْتُ إِنَّ الْبِكْرَ تَسْتَحْيِي قَالَ ‏"‏ إِذْنُهَا صُمَاتُهَا ‏"‏‏.‏ وَقَالَ بَعْضُ النَّاسِ إِنْ هَوِيَ رَجُلٌ جَارِيَةً يَتِيمَةً أَوْ بِكْرًا، فَأَبَتْ فَاحْتَالَ فَجَاءَ بِشَاهِدَىْ زُورٍ عَلَى أَنَّهُ تَزَوَّجَهَا، فَأَدْرَكَتْ فَرَضِيَتِ الْيَتِيمَةُ، فَقَبِلَ الْقَاضِي شَهَادَةَ الزُّورِ، وَالزَّوْجُ يَعْلَمُ بِبُطْلاَنِ ذَلِكَ، حَلَّ لَهُ الْوَطْءُ‏.
Sahih al-Bukhari 6971, In-book reference : Book 90, Hadith 18, USC-MSA web (English) reference : Vol. 9, Book 86, Hadith 101.



@14:30 questioner asks about age of marriage.
@33:40 Nikah is just an announcement of the relationship ("ايجاب و قبول") between a guy and a girl. Rest is decoration.
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Part-2
@1:33 Nikah is just an announced relationship.
@2:55 "ايجاب و قبول" can even be done by boy and girl themselves.
@12:50+ there's no discreet relationship (secretive=unannounced) in islam.
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Hadees:
"Make the marriage well-known and announce it."
"That which separates the halal from the haram is the beating of the duff (drum) and voices at the wedding (i.e. announcing it)."
It was narrated from 'Aishah:that the Prophet said: “Announce this marriage, and beat the sieve for it.”
Sunan Ibn Majah:English ref:Vol. 3, Book 9, Hadith 1895, Arabic ref:Book 9, Hadith 1970.


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.. i have seen in EU girls of 13 years doing sex...

Rate of pregnancies in 14 year old and younger in USA.
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http://www2.picturepush.com/photo/a/12011800/img/Anonymous/Under-14-Pregnancies---USA.jpg

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[Dubious]

Hadith Numbers are usually different , there are also some sites with false Ahadith and Quranic Verses . One must be careful

Thats what I was pointing out...there are numerous "false" hadith hence why I read many in 2 languages just to check....then I stopped reading coz I couldnt keep up with many of them! And many I didnt agree with!

 

[Raja.Pakistani]

What is underage?The age at which a person can be legally married can differ from the age of consent. Age of consent vary from 14 to 18 depend on region. The age of consent is 13 in Spain. It is 14 in Albania, Austria, Bulgaria, Bosnia and Herzegovina, Estonia, Germany, Hungary, Italy, Liechtenstein, Macedonia, Montenegro, Portugal, San Marino and Serbia. It is 15 in Croatia, Czech Republic, Denmark, the Faroe Islands, France, Greece, Iceland, Monaco, Poland, Romania, Slovakia, Slovenia and Sweden. It is 16 in Andorra, Armenia, Azerbaijan, Belarus, Belgium, Finland, Georgia, Kazakhstan, Latvia, Lithuania, Luxembourg, Moldova, the Netherlands, Norway, Russia, Switzerland, Ukraine and the UK. It is 17 in Cyprus and Ireland and 18 in Malta and Turkey.

Age of consent - Wikipedia, the free encyclopedia
Ages of consent in Europe - Wikipedia, the free encyclopedia
Ages of consent in Asia - Wikipedia, the free encyclopedia

 

[Sugarcane]

Surprisingly not all hadith have this...You sure about the sources?


I have read a handful of Bukhari in 2 languages....surprisingly none sounded like this

Then again I read only 2 of the numerous books!!!

But this website in book 90 doesnt even have hadith 15

Sahih Bukhari Book 90. Wishes

Link from your source Sahih Bukhari Volume 009, Book 086, Hadith Number 098.