|
|  |
By Omer Subhani, January 4, 2010
The Muslim Public Affairs Council said I misrepresented their argument in my critique of their article on child brides featured on Altmuslimah. I noticed that their rationale for demanding an Islamic prohibition on child marriages is the exact same rationale used by Muslim scholars who advocate for child marriages: that a young girl does not have the mental maturity to make such an important decision. Muslim scholars who advocate for child marriages would then assert that since the young girl lacks mental maturity, the decision for her marriage is given to her father. |
|
|
The issue of her consent is disregarded; despite the fact that sahih hadiths exist that demand her consent for marriage. Imam Malik, when discussing the marrying off of virgin daughters without their consent, said in his Muwatta: “That is what is done among us about the marriage of virgins.”
Of course I do not agree with such a legal opinion in today's context. As I argued in my original essay, I believe that these ideas were based on property rights theories that existed at such a time, and that flew in the face of sahih hadiths that demanded the consent of virgin daughters for marriage before being married.
MPAC misunderstands the point of my essay. It claims (twice) that I was arguing that since child marriages exist in many parts of the Islamic world, that makes it somehow acceptable. I never claimed this. What I claimed was that there seems to be a great deal of acceptance for forced child marriages in the Sunni legal tradition. Therefore, since this majority view is prevalent in the Sunni legal sources, it will be a great deal more difficult to reform than if we simply ignore these sources of Islamic law. We must confront these legal realities head on, not ignore them. If we ignore them, then we are deceiving ourselves and making a claim devoid of substance.
Also, MPAC misunderstands the point of my quoting the hadiths from Bukhari. The reason I highlighted those hadiths was not to argue that Aisha's age was in fact six years old at the time of her marriage. The reason I brought up the hadiths was to show that what MPAC originally stated was disingenuous. MPAC stated in its original article that “the staunchest support for child marriages comes from the widely held belief that Prophet Muhammad's marriage contract to Aisha was drafted when she was seven and consummated when she was nine.”
This is not a belief held without primary textual support from the most authentic and famous hadith collection in Sunni Islam. The reason I cited these hadiths was to show that we are dealing with an issue that has a great deal of textual and legal support in our religious tradition. But MPAC ignores these very clear hadiths that state Aisha was six years old when she was married, or simply tries to dismiss them as if they have no weight of their own. This is not a wise tactic in my opinion.
I understand MPAC's purpose in using Imam al-Tabari to refute the claim that Aisha was six years old when she was married to the Prophet (peace and prayers be upon him). But it seems more like a mathematical game of addition and subtraction when placed in front of the very clear hadiths of Bukhari. To the average Muslim then, MPAC's argument is going to look weak when standing alongside the vaunted hadith collection of Bukhari. Especially when Bukhari cites no less than three hadiths (one of which was narrated by Aisha herself) clearly stating that Aisha was six years old when she married the Prophet.
Also, MPAC states no less than twice that the Qur'an clearly says: “A woman must consent to be married.” I know of no verse in the Qur'an that says such a thing. I hope MPAC can provide the relevant verse of the Qur'an that supports its claim. All I know are the hadiths that say a virgin cannot be married until her permission is sought.
I fully support MPAC's effort to condemn injustices within our Muslim community. What I am not in support of is its method in achieving this objective. I feel it is a better strategy to deal honestly and critically with the sources of our tradition that speak to this issue than to simply try to downplay them or ignore them, as MPAC has done. I am sure this is not done intentionally. I find it to be problematic to tackle this issue head on if we dismiss sources that are highly esteemed within our religious tradition without trying to contextualize them in favor of using elaborate and technical arguments that probably do not carry the same weight. We will not win many arguments this way.
My purpose in all this is to show that if someone or some group, such as MPAC, is going to fight to end child marriages in the Muslim world, then they must discuss and explain the sources in our legal tradition that lend support for forced child marriages. Otherwise they will never be able to defeat those who support such practices because they are avoiding the core of the problem.
Omer Subhani is a Muslim American residing in South Florida. He currently attends the University of Miami School of Law.
3 COMMENTS ON THIS ARTICLE
We try to remove any comments that do not conform to our netiquette guidelines. If any comments remain that are in violation, please let us know. The presence of offending comments does not necessarily reflect the views of the editors of altmuslimah.com
At least understanding that these hadith exist, even if some may start to become skeptical, makes it easier to debate and understand why people carry on this tradition. This was the opinion of Richard Bulliet who is a professor of either MidEast or Islamic Civilization at Columbia University.
Where I take issue is when the hadith are cited more often than the Quran, which is actually the primary source. And in the Quran it clearly says that women can’t be married without their consent, while not specifying that it is only for women who are of a certain age. I can’t find this verse at this moment, but I’m 100% sure it exists.
Also, this article needs explanation of what “sahih” and “muwatta” mean.
- Posted by Saadia on January 7, 2010 at 08:45 PM
I can’t find that verse, but here’s another interesting one:
(32:33) And as for those who are unable to marry, (note 44) let them live in continence until God grants them sufficiency out of His bounty.
Muhammad Asad explains in note 44:
“because of poverty, or because they cannot find a suitable mate, or for any other personal reason.“
- Posted by Saadia on January 11, 2010 at 10:01 PM
“Of course I do not agree with such a legal opinion in today’s context. As I argued in my original essay, I believe that these ideas were based on property rights theories that existed at such a time…“
“Modern” and “traditional”...you stated the original intent of what I meant (years ago.)
Just to clarify, this is not related to Quranic verses that are sometimes more general and believed to be timeless.
- Posted by Saadia on January 30, 2010 at 02:44 PM
Page 1 of 1
ADD YOUR COMMENT
|
|
|
|
Produced in partnership with
|
|
|
|
|
|
Search altmuslimah
|
|
Subscribe to newsletter and feeds
|
Multimedia 
|
Editors' blog 
Conceptions of sexuality among American Muslim women - Ten AltMuslimah members/readers gathered on Sunday, February 21, 2010, with the goal of discussing the nature of Muslim women’s sexuality, and how American Muslim women’s social needs may be different. Whether formal or casual, the group agreed in the value of women’s support networks, especially considering the rising prevalence of domestic violence in our communities. A quick brainstorm of ideas brought up the possibility of periodic casual women’s nights, which are actually common in more active American Muslim communities. (March 1, 2010)  ( 1 comment) |
News briefs for week of March 1, 2010 - This week Washington, D.C. women storm the men’s section of a local mosque, a women in hijab is fired from her retail position in California, a women’s terrorist group is said to be uncovered in Egypt, Malaysia looks to hold a conference on women’s caning, Pakistani women’s clothing is highlighted, and Iran’s first female Olympic skier is profiled. (March 1, 2010)  ( 0 comments) |
News briefs for week of February 22, 2010 - Saudi religious police crackdown on Valentine's Day merchandise, Three Malaysian women are caned for extramarital sex, Saudi to permit female lawyers to argue cases, New Jersey Muslim man throws baby over a bridge, and Baltimore sixth-graders go on a field trip to an Islamic center. (February 22, 2010)  ( 0 comments) |
News briefs for week of February 15, 2010 - This week, death threats for dehijabing in Spain, a ballet showcasing Muslim women’s historical accomplishments, France continues the burqa ban debate, a Pakistani woman is recognized in California, Muslim scholars question full-body scanning and Obama names an envoy to the Muslim world. (February 15, 2010)  ( 0 comments) |
News briefs for week of February 8, 2010 - This week, a study finds that abstinence-focused sex education in American schools can persuade youth to delay sexual activity, sixteen-year-old Turkish girl buried alive for talking to boys, French authorities deny citizenship to man who forces his wife to wear a full veil, and female government leaders have done little to advance women's rights in Southeast and South Asia. (February 8, 2010)  ( 2 comments) |
|
Readers' blog 
Will you be my (halal) Valentine? - Why does Valentine’s Day spark such contentious debate among American Muslims across blogs and social networking sites? What underlying emotional buttons does this commercialized cultural holiday push among American Muslims? While other holidays, such as Mother’s Day and Father’s Day, generate a few tired and tepid discussions centered around the idea that “everyday should be Mother’s and Father’s Day,” Valentine’s Day, like the very concept of romantic love it celebrates, generates much more passionate responses. These debates touch on many topics including what love means or should mean to Muslims, the relationship between culture and religion, and the current state of romantic relationships among Muslims. (February 22, 2010)  ( 1 comment) |
Living up to the legacy - By historical account, being a Muslim female meant being virtuous, loving, knowledgeable, and empowered by her faith. Well it’s centuries later and although we cite to the legacy of Islam, we fail to live up to it or keep the legacy alive. (February 4, 2010)  ( 1 comment) |
Bridging literacy and cultural gaps in Pakistan - In addition to bridging cultural and socioeconomic gaps, the American International School System in Pakistan acts as an experimental model and incubator by incorporating some of the education reform principles advocated by grassroots organizations, education specialists and writers, and governmental agencies like the Ministry of Education. (January 3, 2010)  ( 1 comment) |
Islam and manhood - The infamy of Islamist terrorism over the past decade has created an image of the Muslim man as intrinsically prone to violent behavior, even if directed toward the self rather than the other. The image of the angry, flag-burning, chanting Muslim man has come to symbolize male violence. However the photos fail to explain that, firstly, the anger, in many instances, is justified, secondly, that the chants rarely spill over into to physical violence, and thirdly that violence is not exclusive to Muslim men. (December 25, 2009)  ( 5 comments) |
It’s not about the niqab, it’s about credibility - The question, which we all should consider now is why Al-Azhar scholars are not obeyed by the public any more? The simple and direct answer to this very complicated question is because Al-Azhar lost its credibility in the eyes of Egyptians. (October 17, 2009)  ( 4 comments) |
One woman’s journey toward pleasing Allah - Understanding the purpose and reasoning behind abaya is not something a Muslim girl learns the day she is born. For many, like myself, it was a slow and steady journey; one that required much research and reflection. (September 25, 2009)  ( 4 comments) |
|
|