Several attacks have been raised recently against early marriage
in Islam, which clearly result from ignoring facts about
pre-modern society and Islam, or intentionally concealing them.
1)
Age of Consent in History
One such claim is that “Islam’s age of consent was relatively
low in history”.
·
First of all, early procreation was a necessity for human
survival. Lifespan ranged from 20 to 30 years,[1]
[2]
[3]
[4]
[5]
[6]
[7] [8]
[9] due to high death rates.[10]
[11]
[12] Even until the 18th century, 8
children were still needed by each fertile wife just to maintain
the population.[13]
[14]
[15]
[16]
[17]
[18]
[19]
[20] Also, sexual attraction accompanies
puberty,[21]
[22]
which genetically ranges from ages 7 to 13 in women.[23]
[24]
[25]
[26]
[27]
[28]
[29]
[30]
So, whether one believes this instinct resulted from evolution,
or part of God’s plan, procreation after puberty in history is
natural and acceptable.
·
According to the
Journal of Psychology & Human Sexuality, the “age of consent
throughout history…usually coincided with the age of puberty”
with “the absolute minimum at seven”.[31]
Both that Journal and Encyclopedia Britannica state that age of
consent laws were passed from Roman law to the Church to English
Common Law,[32]
[33] which states: “between 7 years and
puberty there could be consent but not consummation” until
puberty, with no parental consent required from the age of 12.[34]
This was confirmed in 1877 by the US Supreme Court.[35]
[36]
Even today, 6 states and the District of Columbia allow this
Common Law marriage,
[37]
[38]
[39]
[40]
[41]
[42]
and such marriages are then constitutionally recognized in all
50 states.[43]
·
Marriage as early as age 7, which was considered the “age of
reason”,[44]
[45] or directly after puberty was the norm
for the vast majority of all human society even until the 19th
century.[46]
[47]
[48]
[49]
[50]
·
1300 years earlier, Islam’s minimum of 9 was 2 years higher, and
also added the protection of requiring parental consent even
after age 12.[51]
·
The delay of puberty in industrialized cities between 1700 and
1850 does not disprove the norm of early marriage in history,
because that was an abnormal result of poor sanitation,
[52]
[53]
[54] lack of exercise, and the vast
introduction of cheap, un-nutritious cereal diets.[55]
[56]
[57]
As a result, not only was Islam’s age of consent higher than all
pre-modern law, it also added the protection of requiring
parental consent after age 12.
2)
Psychological Maturity in History
The second claim is that “Islam allowed marriage at puberty
in pre-modern times, which caused psychological harm because
puberty was too young to give informed consent”.
·
The fact is that even until the 18th century,
reaching puberty meant becoming an “adult”, in terms of
maturity, behavior and responsibility, as stated in the Journal
of Social History, Online Etymology Dictionary, Journal of
Marriage and the Family, and numerous academic references.[58]
[59]
[60]
[61]
[62]
[63]
·
Children faced the daily struggle for physical and economic
survival,[64]
[65]
[66]
[67]
[68] and while this type of “environmental
stress” actually causes puberty at a younger age,[69]
[70]
[71] it is proven to have also speeded
psychological maturity.[72]
[73]
[74]
[75]
[76] This maturity helped in coping with the
responsibilities of early marriage and childbearing.
·
These responsibilities were indeed valued by society, including
the most important founding father of the United States,[77]
Benjamin Franklin.[78]
·
It was only in the industrial mid-18th century that
psychological maturity started to delay,[79]
due to side effects that are proven to delay maturity such as:
increasing comforts of life, diminished parental guidance,[80]
[81]
[82] and that “children remained children
longer to complete their education”.[83]
[84]
[85]
[86]
·
It is therefore ridiculous to “demand late marriage in
pre-modern society on the pretense of psychological harm” as
it would have wiped out the human race for reasons that only
arise for immature adolescents today.
·
Since
psychological maturity and adulthood
were reached at
puberty
in pre-modern times,
it is also naive to slander early marriage in history as:
1)
Child sexual abuse: "the engagement of a child in sexual
activities for which the child is developmentally unprepared and
cannot give informed consent”.[87]
2)
Pedophilia: the sexual attraction towards pre-pubescent
children.[88]
[89]
[90]
As a result, early procreation was psychologically appropriate
and even a valued benefit to society.
3)
Risks of Early Procreation in History
The third claim is that “Islam allowed procreation at puberty
in pre-modern times, which was more dangerous to the younger
mothers”.
·
This attack cites a UNFPA study, but conceals that the study was
for 2 contemporary impoverished nations, and that “almost all of
these deaths are preventable” simply by providing access and
transportation to hospitals.[91]
The International Journal of Epidemiology states “studies
implicate poverty, not maternal age, as the real threat to
maternal and infant welfare”.[92]
In pre-modern times, the high risk of childbirth, due to lack of
medical knowledge and hygiene, affected all women regardless of
age.[93]
·
In fact, early procreation was a genetically superior trait for
population growth in pre-modern times for 2 reasons:
1)
Women who have puberty earlier have children who grow up
faster and weigh more.[94]
2)
“Life history theory” states that in a less stable
environment, “natural selection will favor individuals that
reproduce earlier...within a population”.[95]
[96]
As a result, early procreation was not harmful, but beneficial
to newborns and genetics.
4)
Early Marriage in Modern Times
The fourth claim is that “Islam allows marriage at puberty in
modern times, which causes sexual and psychological harm”.
·
First of all, it is untrue that Islamic age of consent is lower
in modern times compared to other laws. For example, the US and
other countries currently allow marriage well under the age of
16 with pregnancy, or parental or court approval.[97]
In contrast, 17 Islamic countries have age of consent ranging
from 15 to 18 years with parental consent,[98]
[99]
[100]
[101]
[102]
[103]
[104]
[105]
[106]
[107]
[108]
[109]
[110]
[111]
[112]
[113]
[114]
which was raised specifically as an implementation of Islamic
Law.[115]
[116]
In fact, because of the contemporary delay in maturity, marriage
at puberty today would violate 6 basic Islamic rules:
1)
“Rushd”, psychological maturity, or “prudent judgement”
is required before marriage.[117]
[118]
2)
No one should harm anyone else.
[119]
[120]
[121]
[122]
3)
People’s best interests must be observed.[123]
4)
No one should bear any burden beyond their capacity.
[124]
[125]
[126]
[127]
[128]
5)
Governments and guardians are entrusted to act correctly.[129]
[130]
[131]
6)
Compliance to “urf”, new social norms that are considered
good.[132]
[133]
[134]
·
Secondly, it is untrue that Islamic marital law results in more
harm in modern times compared to other laws. In fact, the
Islamic requirement of marriage provides to every sexual
relationship and its potential offspring the benefits of
faithfulness, emotional support, mutual trust, commitment,[135]
parental guidance and wide social support.[136]
In addition, with a slightly lower average age of marriage,
Islamic countries benefit from the early marriage mentality,
which is proven to result in psychological maturity at a
relatively younger age.[137]
On the other hand, non-Islamic societies permit and condone
sexual activities years before psychological maturity and the
legal age of marriage,[138]
which causes devastating sexual harm to adolescents, such
as the following current US statistics:
o
50% of child sexual abuse offenders are adolescents themselves,[139]
committing sexual abuse, child pornography, child prostitution
and incest,[140]
using deception, force or coercion.[141]
o
35% of all 17 year olds have been sexually abused.[142]
[143]
o
12% of all 14 year olds have had sex “involuntarily”.[144]
o
“Half of all new HIV infections occur among adolescents”.[145]
[146]
o
70% of 13 year olds who had sex said it was “against their
will”.[147]
o
7% of 12 year olds have had sex.[148]
[149]
o
90% of prostitutes were victims of child sexual abuse.[150]
[151]
[152]
o
“The average age at which girls first become victims of
prostitution is 12-14”.[153]
o
Sexually active teenagers are 3 to 8 times as likely to attempt
suicide.[154]
[155]
o
76% of unplanned teen mothers end up on welfare[156]
o
Every year in the world’s richest
countries, there are 1.25
million teen pregnancies and 500,000 teen abortions.[157]
o
Countries that choose legalized prostitution as their solution,
like Germany, the Netherlands, Sweden and Denmark, end up with
increased rates of child prostitution and sex trafficking,[158]
[159]
[160] [161]
child pornography,[162]
[163] incest,[164]
[165] and even legal “beastiality”, sex with
animals.[166]
[167]
[168]
[169]
·
In modern times, the age of puberty has fallen
[170]
[171] below the age of psychological maturity,[172]
[173]
[174] sexual values have greatly degraded,[175]
and the late marriage mentality is delaying psychological
maturity even further.[176]
These 3 trends will continue to increase the above devastating
sexual harm to adolescents in non-Islamic countries.
·
While extremely rare cases of marriage at puberty in
Afghanistan’s countryside are exploited to attack all Muslims,
it must be noted that even in Islamic countries that have not
yet officially raised the minimum age of consent, they have done
so in practice. Otherwise Islam’s critics would have publicized
more than just a few cases from some isolated tent villages.
More importantly, even such Islamic
countries do not have any of the sexual atrocities that are
documented at alarmingly high ratios in the same countries
attacking Islam.
As a result, Islam’s flexible marital law provides far better
protection than contemporary laws by prohibiting sexual
activities prior to psychological maturity and then marriage.
CONCLUSION
In conclusion, Islam responsibly channels sexual instincts
through marriage, with the prior condition of psychological
maturity. And contrary to claims of improved morality,
non-Islamic laws have alarmingly driven child sexual abuse and
psychological harm to epidemic proportions.
Therefore, when such attacks against Islam are analyzed
impartially, they reveal the perfect applicability of Islam’s
solution from the 7th century until today, and the
utter failure of any other system to provide any protection
whatsoever to society’s youth. At best, these attacks are also
found to be irresponsibly superficial due to the seriousness of
this issue.
[9]
It's Getting Better All the Time: 100 Greatest Trends of
the Last 100 Years By Stephen Moore, Julian Lincoln
Simon
“Throughout most of human history, death came at an
early age--25 to 30 years was a typical lifespan. The
essential element of the human condition was a
day-to-say struggle to fend off death...Increasing life
expectancy at birth from the lower 20s to the high 20s
around 1750 took thousands of years. Over the next two
centuries, life expectancy in the richest countries
suddenly accelerated and tripled. From the mid-18th
century to today, life spans in the advanced countries
jumped from less than 30 years to about 75 years.”
[13]
"Saga Background: Women", Theban Tribunal Sourcebook
“...Early marriage and procreation of children was
the norm in Byzantium...One reason for the promotion of
teenage marriage was the emphasis on the virginity of
the bride. Another, unstated reason may have been the
desire to make the most of the childbearing years;
because of the high rate of infant mortality, a woman
had to bear many children to insure the survival of a
few. Furthermore, since many women died young (if they
survived infancy, they had an average life expectancy of
about thirty-five years), it behooved them to marry and
begin producing children as soon as physically
possible.”
[14]
THE DEMOGRAPHIC TRANSITION, Keith Montgomery, Department
of Geography and Geology, University of Wisconsin
Marathon County
"STAGE ONE is associated with pre Modern times, and
is characterized by a balance between birth rates and
death rates...The high rate of birth (even higher if one
were to adjust it for women of childbearing age) could
be due any or all of the factors that are associated
with high fertility even today in many less developed
countries. With a high death rate among children, there
would be little incentive in rural societies to control
fertility except in the most unbearable of
circumstances...STAGE TWO sees a rise in population
caused by a decline in the death rate while the birth
rate remains high, or perhaps even rises slightly. The
decline in the death rate in Europe began in the late
18th.C. in northwestern Europe and spread over the next
100 years to the south end east."
[16]
Crisis In The Family: Connecticut And The Nation, Lou
Ratté, Yale-New Haven Teachers Institute
“In concrete terms, historians observe, the American
woman of 1800 bore, on the average, seven or eight
children; the American woman of 1900 bore three or
four...You can start with an initial population of 100.
Half of them are women. Those fifty women have to
produce 200 children in twenty years. If all the women
produced an equal number of children, and all the
children lived, the number of children necessary would
be four. However, ten percent of the women don’t marry.
Eliminate five women. Ten percent of the women who do
marry prove to be infertile. Eliminate another five
women. Finally, ten percent of the women lose their
husbands before they can produce children. Eliminate
another ten percent. You are left with thirty-five
women. These women could produce 200 children if each
bore 5.7, or between five and six children each.
However, ten percent of the children, or twenty, die as
infants, and another ten percent do not live into
adulthood to produce children of their own. Add another
twenty. You now have 240 births necessary. Remember,
though, that of the 200 children, half of which will be
female, that you want, thirty percent will not be able
to do their share of reproducing. You need an additional
sixty children to ensure that the population can
continue to double. So, you need 300 children. Divide
that number by the available thirty-five women. Each
woman must bear between eight and nine
children...Between seven and eight is the figure that
demographic historians estimate was the average for
number of children in the American family in 1800”
[22]
Puberty May Start at 6 As Hormones Surge, By HARA
ESTROFF MARANO, July 1, 1997
“...the adrenal sex steroids do what sex hormones
typically do, influence behavior as well as the
body...Using data from three separate studies, they said
that sexual attraction first manifested itself in the
fourth grade, from the ages of 9 to 10...In Dr. Herdt's
study, the mean age of first-recalled sexual attraction
was 9.6 for men, 10.1 for women. In the cancer
institute's studies, the mean age of first sexual
attraction was 10 to 10.5...Dr. Herdt recalled 'being
struck by the significant number of teens in our study
who made remarks about attractions' occurring at 9 or
10. 'I thought that was strange, certainly inconsistent
with the literature,' Dr. Herdt said. 'But many of the
teens specifically placed their experiences in the
fourth grade'.”
[23]
”New research shows how evolution explains age of
puberty”, From the University of Southampton
“They found that Paleolithic girls arrived at
menarche - the first occurrence of menstruation -
between seven and 13 years. This is a similar age to
modern girls, which suggests that this is the
evolutionarily determined age of puberty in
girls...Disease and poor nutrition became more common as
humans settled, causing puberty to be delayed. Modern
hygiene, nutrition and medicine have allowed the age of
menarche to fall to its original range.“
[24]
When Little Girls Become Women: Early Onset of Puberty
in Girls
“There are new guidelines for pediatricians that are
guaranteed to shock: girls who start to develop breasts
and pubic hair at age six or seven are not necessarily
"abnormal" (Kaplowitz, et al., 1999). In fact, by their
ninth birthday, 48% of African American girls and 15% of
white girls are showing clear signs of puberty.”
[25]
"reproductive system disease." Encyclopedia Britannica.
2008
“ ’Abnormally early’ has traditionally been defined
as younger than 9 years in boys and younger than 8 years
in girls, though studies undertaken since the 1990s
indicate that the normal onset of puberty may be
occurring at a younger age in girls in developed
countries and that therefore the age of precocious
puberty for girls may actually be as low as 6 or 7.”
[26]
Early Puberty: What Is Normal and When Is Treatment
Indicated?
“Girls and boys who enter puberty before 8 and 9
years of age, respectively (corresponding to about -3
SDS), are arbitrarily considered to need referral for
endocrine investigation. A recent report from the Lawson
Wilkins Pediatric Endocrine Society suggested that the
limit for investigation of girls and boys should be
lowered to 7 and 8 years, respectively. For
African-American girls, 6 years is the suggested age.”
[27]
Nutritional Information, Precocious puberty
“Precocious puberty, or early sexual development, is
happening everywhere. It’s estimated that one out of six
girls aged eight may be entering puberty. The age at
which puberty begins has been steadily declining. Today,
the average age of first menstruation is under 12 years.
Reports of early puberty have come from many countries
including Canada, the US, Australia, Britain, the
European Union, Asia, and the Caribbean. A
groundbreaking US study on 17,000 girls found that 27
percent of African-American and almost seven percent of
Caucasian girls had the onset of secondary sexual
characteristics, i.e., either breast development or
pubic hair development, by the age of seven. By the time
the girls turned eight-years-old, 15 percent of
Caucasian girls and 50 percent of Afro-American girls
were starting puberty. Even more startling was the
finding that one percent of Caucasian and three percent
of African-American girls showed these characteristics
by the age of three.”
[29]
Puberty, Encyclopedia of Psychology
Although most children begin puberty between the
ages of 10 and 12, it can start at any age from 8 to 16.
The most obvious determining factor is gender; on
average, puberty arrives earlier for girls than boys.
[31]
“Age of Consent A Historical Overview” Journal of
Psychology & Human Sexuality, Volume: 16 Issue: 2/3,
5/3/2005
“Age of Consent throughout history has usually
coincided with the age of puberty although at sometimes
it has been as early as seven. Early on age of consent
was a familial or tribal matter and only became a legal
one in the Greco-Roman period. The Roman tradition
served as the base for Christian Europe as well as the
Christian Church itself which generally, essentially
based upon biological development, set it at 12 or 14
but continued to set the absolute minimum at seven. In
the past century there has been a tendency to raise the
age of consent but the reasons for the change have not
always been clear and the issue has been further
complicated by the reluctance of many contemporary
historians to recognize what the actual age of consent
in the past has been. This failure has distorted the
importance of biology on age of consent in the past.”
[33]
“sexual behaviour, human” Encyclopedia Britannica 2008
“when secular law replaced religious law, there was
rather little change in content...in England and the
United States there was no such rift with the past. In
the latter country, as each new state joined the union,
its sex laws simply duplicated, to a great extent, those
of pre-existing states;”
[34] “family
law” Encyclopedia Britannica 2008
“Historically, the attitude of the English common
law was that a person under seven years of age lacked
the mental ability to consent to marriage, and that
between seven years and puberty there could be consent
but not consummation. At common law, therefore, the
marriage of a person between the ages of seven and 12 or
14 was “inchoate” and would become “choate” on reaching
puberty, if no objection was raised.”
[35]
MEISTER V. MOORE, 96 U. S. 76 (1877)
“The defense was:...That that evidence utterly
failed to establish a valid marriage at common law. The
Revised Statutes of Michigan upon the subject of the
solemnization of marriages, adopted in the year 1838 and
in force at the time of the alleged marriage, enact as
follows:...
'SEC. 6. Marriages may be solemnized by any justice of
the peace in the county in which he is chosen, and they
may be solemnized throughout the state by any minister
of the gospel who has been ordained according to the
usages of his denomination and who resides within this
state and continues to preach the gospel.'
'SEC. 8. In the solemnization of marriage, no particular
form shall be required except that the parties shall
solemnly declare, in the presence of the magistrate or
minister and the attending witnesses, that they take
each other as husband and wife. In every case there
shall be at least two witnesses, besides the minister or
magistrate, present at the ceremony.' "
[36]
MARRIAGE OF MINORS.; THE NEW LAW FIXING THE AGE OF
CONSENT--CRIMINAL LIABILITY OF CLERGYMEN AND
MAGISTRATES, New York Times, July 14, 1887
“At common law, a marriage contracted under the age
of consent was not regarded as void, but only as an
imperfect marriage, valid until voided by the parties
after their arrival at the age of consent...The common
law rule of 14 in males and 12 in females was derived
from the civil law, also substantially from the
canon...In the revision of the statutes, the age of
consent was fixed at 17 for males and 14 for females,
but so deep rooted had the common law become that the
section was repealed by chapter 320 of the laws of 1830,
the Legislature of that year having arrived at the
conclusion that owing to the delicate nature of the
marital relation and the complications growing out of
it, the common law rule had better be allowed to stand.”
[37]
"Common Law Marriages", New York Divorce and Family Law
“Infancy was also an impediment to marriage.
Children below the age of seven were incapable of
marrying. After the age of seven they might marry, but
the marriage was voidable until they were able to
consummate the marriage, which the law presumed to be at
age fourteen for boys and twelve for girls. Beyond those
ages the marriages were valid, even though the parties
were under the age of twenty-one and did not have their
parents' consent. Later statutes imposed the requirement
of parents' consent.”
[38]
DC Almanac, Marriage
"MICHAEL WASSERMAN, DC HISTORY NET - Based on my
review of the statute applicable between 1901 and
1925...Sections 1283 and 1284 specify which marriages
are absolutely void or merely voidable after judicial
decree....The fourth paragraph of section 1284 (added in
1902) specifically declares the age of consent to
marriage to be 16 for males and 14 for females, and
makes marriages in which one party is under age voidable
at the suit of the party."
[39]
"Issuance of marriage license to persons under 18",
Joslyn Wilson, Assistant Attorney General
“At common law, a male was deemed competent to
contract a valid marriage at 14 years of age; for
females the age of consent was 12 years. Green v. Green,
supra; 55 C.J.S. Marriage s. 11. Any marriage, however,
occurring between the age of 7 years and the age of
consent was merely voidable, but a marriage where one or
both of the parties were under the age of 7 years was
void and without legal significance. 55 C.J.S. Marriage
s. 11. A marriage by one above the age of consent but
below the age of contract generally is fully valid. 55
C.J.S. Marriage s. 11 at p. 823; also see Hunt v. Hunt,
161 So. 119, 122 (Miss. 1935). Although not required at
common law, the state may require the consent of the
parents or guardian as a preliminary to the marriage of
minors. 55 C.J.S. Marriage s. 23.”
[40]
"Silent Partners", Legal Assistance for Military
Personnel
“Voidable marriages are those where insufficient
age, fraud, duress, sham ceremony, physical disability
(disease or incurable impotence), or mental disability
taint what appears to be an otherwise valid marriage. If
a marriage is voidable, then it must be "avoided" (or
challenged in court) by the one whose disability causes
the problem at some point in time before the listing of
the disability. Otherwise, avoidable marriage may "cure"
into a valid marriage...A different kind of common law
marriage is represented by the situation where a valid
marriage is formed from an invalid marriage after the
impediment is lifted. For example, a party might be
underage at the time of the marriage. Continued
cohabitation as husband and wife after the underage
party attains majority, however, results in the marriage
ripening into validity where this form of common law
marriage is recognized.”
[41]
“re In The Marriage of J.M.H. and Rouse”, COLORADO COURT
OF APPEALS, Judge James Hartmann, June 15, 2006
AND/OR
Colorado Court of Appeals -- June 15, 2006
AND/OR
“re In The Marriage of J.M.H. and Rouse”, COLORADO COURT
OF APPEALS, Judge James Hartmann, June 15, 2006
"...The Uniform Marriage Act (UMA)...provides that
“[n]othing in this section shall be deemed to repeal or
render invalid any otherwise valid common law marriage
between one man and one woman." Section 142104(3),C.R.S.
2005...The jurisdictions that recognized common law
marriage are Alabama, Colorado, District of Columbia,
Idaho*, Iowa, Kansas, Montana, Rhode Island, South
Carolina, Texas**, and Utah...Similarly, the United
States Supreme Court has held that common law marriages
are valid, notwithstanding statutes that require
ceremonial marriages to be solemnized by a minister or a
magistrate, if no specific provision to the contrary
exists... Common law, not the UMA, governs the existence
of a common law marriage...Regarding the age of consent
for common law marriage specifically, courts in other
jurisdictions have uniformly declared that the common
law age of consent applies to common law marriages, even
when statutes otherwise require parental or judicial
approval for persons under a specified age, unless those
statutes expressly modify or abrogate the common
law...The common law marriage of a person is valid,
regardless of whether the person has reached the age of
competency as established by statute, if the person is
competent under the common law...Under English common
law, children below the age of seven were incapable of
marrying. After that age they could marry, but the
marriage was voidable until they became able to
consummate it... which the law presumed to be at age
fourteen for males and twelve for females...Accordingly,
several jurisdictions have adopted those ages as the
common law ages of consent for marriage "
[*] only before 1997
[**] minimum 13
[43]
"Common Law Marriage", National Conference of State
Legislatures
"The United States Constitution requires every state
to accord ‘Full Faith and Credit’ to the laws of its
sister states. Thus, a common-law marriage that is
validly contracted in a state where such marriages are
legal will be valid even in states where such marriages
cannot be contracted and may be contrary to public
policy."
[44]
”Age of reason (canon law)”, Amazines
The age of reason, also called the age of
discretion, is the age at which children become capable
of moral responsibility. On completion of the seventh
year a minor is presumed to have the use of reason
(canon 97 §2 of the Code of Canon Law), but mental
retardation or insanity could prevent some individuals
from ever reaching it. Children under the age of reason
and the mentally handicapped are sometimes called
"innocents" because of their inability to commit sins
even if their actions are objectively sinful, they lack
capacity for subjective guilt.
While in the Eastern Churches Confirmation (also known
as Chrismation) and Eucharist are bestowed on the infant
who has just been baptized, in Latin Rite Catholicism,
Confirmation (except in danger of death) may be lawfully
conferred only on a person who has the use of reason
(canon 889 §2), and Holy Communion may be administered
to children only if "they have sufficient knowledge and
(are) accurately prepared, so that according to their
capacity they understand what the mystery of Christ
means, and are able to receive the Body of the Lord with
faith and devotion.”
[45]
CHAPTER IV : MATRIMONIAL CONSENT, Code of Canon Law
“Can. 1095 The following are incapable of
contracting marriage:
1° those who lack sufficient use of reason;
Can. 1096 §1 For matrimonial consent to exist, it is
necessary that the contracting parties be at least not
ignorant of the fact that marriage is a permanent
partnership between a man and a woman, ordered to the
procreation of children through some form of sexual
cooperation.
§2 This ignorance is not presumed after puberty.
Can. 1107 Even if a marriage has been entered into
invalidly by reason of an impediment or defect of form,
the consent given is presumed to persist until its
withdrawal has been established.”
[46]
"Agnes-Anna of France,wife of Alexius II and Andronicus
I of the Comneni Dynasty", An Online Encyclopedia of
Roman Emperors, Lynda Garland, Andrew Stone
“Agnes was only eight on her arrival at
Constantinople... Agnes was born... in 1172... The
ceremonies took place in the palace on 2 March
1180...Child brides, whether Byzantines or foreign
princesses, were the norm rather than the exception,
especially from the late twelfth century. Irene Ducaena,
wife of Alexius I Comnenus, was twelve at her marriage,
and empress before she was fifteen; the Byzantine
princess Theodora, Manuel's niece, was in her thirteenth
year when she married Baldwin III of Jerusalem; and
Margaret-Maria of Hungary married Isaac II Angelus at
the age of nine. Agnes's age, then, was not unusual,
especially as it was customary for young engaged couples
in Constantinople to be brought up together in the house
of the socially superior partner.”
[49]
"History of Marriage in Western Civilization", Magnus
Hirshfeld Archive for Sexology
“Marriage in Ancient Greece and Rome...As
Demosthenes, the orator, explained it: 'We ...wives to
bear us lawful offspring'...Marriage in Ancient
Israel...The main purpose of marriage was procreation
and the perpetuation of a man's name...Marriage in
Medieval Europe...On the average, however, males married
in their mid-twenties, and females in their early teens
(i.e., soon after their first menstruation).
[51]
“Shari'ah”, Encyclopedia Britannica, 2008
“A legal capacity to transact belongs to any person “of
prudent judgment” (rashid), a quality that is normally
deemed to arrive with physical maturity or puberty.
There is an irrebuttable presumption of law (1) that
boys below the age of 12 and girls below the age of 9
have not attained puberty, and (2) that puberty has been
attained by the age of 15 for both sexes. Persons who
are not rashid, on account of minority, mental
deficiency, simplicity, or prodigality, are placed under
interdiction: their affairs are managed by a guardian
and they cannot transact effectively without the
guardian's consent.”
[55] Evolutionary
Aspects of Nutrition and Health, Book Review
“...insulin resistance was once advantageous for
humans, who were eating a high-protein, low-carbohydrate
diet, but once the diet shifted to a highly refined
carbohydrate diet, hyperinsulinemia was no longer
beneficial and it now causes diseases such as NIDDM,
coronary heart disease, and hypertension. They also
point out that beyond the Agricultural Revolution and
its radical change to the human diet, we must also
consider the profound effects of the Industrial
Revolution and the Post-Industrial diet with the
proliferation of highly refined carbohydrates in the
last centuries.”
[56]
Disease during the Industrial Revolution
“Disease was a constant threat during the Industrial
Revolution. Changes in the way that people lived and the
conditions in which they worked led to disease being
able to spread much more rapidly, and new forms of
disease emerged that were as deadly as any killer that
had been before.
Towns grew very quickly as factories led to migrations
from the countryside and immigration from different
parts of Europe and the empire. As the demand for
housing increased so rapidly the quality of homes
constructed was low. Housing for the worker was cramped
in, built quickly and built with little regard for
hygiene. In many cities the result was that large slums
appeared.
These slums were areas where houses were small, roads
narrow and services such as rubbish collection, sewage
works and basic washing facilities nonexistent. In this
type of climate bacteria grow quickly, the water supply
is likely to become infected and weaker people are
likely to fall ill much more rapidly.
Water was often the problem. Factories would dump waste
into streams and rivers. The same streams and rivers
were used to supply homes with water for washing and
cooking. Soon people’s health was endangered. In many
slums the same water supply was infected with human
sewage as toilet facilities were often inadequate and
sometimes consisted of a toilet block that was emptied
irregularly: meaning that when it rained, the waste may
overflow into the gutter and therefore into the rivers
and streams.
The result of this is the spread of disease.
One of the main killers of the industrial age was
Cholera. This deadly disease was water borne and spread
through filthy cities with ease, killing thousands.
Typhoid also took a hold in some areas and aain made
great use of the poor sewage provisions to take a hold
of many areas.
Diseases such as Cholera and Typhoid are now fairly
easily prevented. Basic cleanliness, underground sewage
pipes and regularly cleaned and controlled water
supplies doing most of the work to prevent any
re-occurrence of this form of disease.”
[57]
Medieval diets 'far more healthy', BBC News
Their low-fat, vegetable-rich diet - washed down by
weak ale - was far better for the heart than today's
starchy, processed foods, one GP says.
And while they consumed more they burnt off calories in
a workout of 12 hours' labour, Dr Roger Henderson
concludes.
But the Shropshire GP accepts that life for even
prosperous peasants was tough.
But after examining the available records, Dr Henderson
suggests that medieval meals were perhaps even better
than the much touted "Mediterranean" diet enjoyed by the
Romans.
While this would have involved fish, fruit, whole grains
and olive oil - as well as red wine - the rich often
overindulged, while the poor may not always have been
able to obtain them.
The average medieval peasant however would have eaten
nearly two loaves of bread each day, and 8oz of meat or
fish, the size of an average steak.
This would have been accompanied by liberal quantities
of vegetables, including beans, turnips and parsnips,
and washed down by three pints of ale.
Crucially, there was little refined sugar in their food,
while modern eating habits are dominated by biscuits,
cake and sweets.
"If you put this together with the incredible work load,
medieval man was at much less risk of coronary heart
disease and diabetes than we are today," said Dr
Henderson.
[61] “puberty”
[Johnson], 1382, from O.Fr. puberté, from L. pubertatem
(nom. pubertas), Online Etymology Dictionary
"puberty: 'the time of life in which the two sexes
begin first to be acquainted' [Johnson], 1382, from O.Fr.
puberté, from L. pubertatem (nom. pubertas) 'age of
maturity, manhood,' from pubes (gen. pubertis) 'adult,
full-grown, manly.' "
[62]
"Adolescense in Historical Perspective", Demos & Demos,
Journal of Marriage and the Family, Vol. 31, No. 4
(Nov., 1969), pp. 632-638
“The "discovery" of adolescence can be related to
certain broad changes in American life--above all, to
changes in the structure of the family as part of the
new urban and industrial order...
The idea of adolescence is today one of our most widely
held and deeply imbedded assumptions about the process
of human development. Indeed must of us treat it not as
an idea but as a fact...
Yet all of this has a relatively short history. The
concept of adolescence, as generally understood and
applied, did not exist before the last two decades of
the nineteenth century. Once could almost call it an
invention of that period...
We shall limit our attention to developments in the
United States, since adolescence was on the whole an
American discovery.
We shall begin with a sketch of some common ideas about
childhood and "youth" during the period 1800-1875, as
revealed in two kinds of sources: (1) a rapidly
developing literature of child-rearing advice, and (2) a
large body of books and pamphlets directed to the young
people of the country and bearing especially on their
"moral problems." Then we shall summarize the activites
of the "child-study movement (beginning in about
1890)...
And finally we shall propose a hypothesis for drawing
together these various types of material and above all
for explaining the relationship between the idea of
adolescence and the social phenomena to which it was a
response. It is here that questions of family life will
come most fully into view, since adolescence was, we
believe, profoundly related to certain fundamental
changes affecting the internal structure of many
American homes.”
[69]
“Early Age at Menarche and Allostatic Load: Data from
the Third National Health and Nutrition Examination
Survey”, Allsworth, Weitzen, Boardman, Annuals of
Epidemiology, Volume 15, Issue 6, Pages 438-444 (June
2005)
“Although the overall allostatic load scores were
low when compared with older adults, the mean allostatic
load score was higher among those with menarche at ages
10 or younger compared with those with later ages at
menarche (1.99 vs. 1.33). After adjusting for age,
race/ethnicity, level of education, household poverty
income ratio, smoking, and depression history, women
with high allostatic load scores had more than 2 times
the odds as those with low scores of experiencing
menarche at age 10 or earlier.”
[70]
“Family stress, perception of pregnancy, and age of
menarche among pregnant adolescents”, Ravert & Martin,
Adolescence Summer 1997
“specifically,
the role of family stress has been linked with pubertal
timing and early female maturation (Belsky, Steinberg, &
Draper, 1991; Wierson, Long, & Forehand, 1993)...
adolescents may be particularly vulnerable to stressful
events”
[74]
”New research shows how evolution explains age of
puberty”, From the University of Southampton
“They found that Paleolithic girls arrived at
menarche - the first occurrence of menstruation -
between seven and 13 years. This is a similar age to
modern girls...'This would have matched the degree of
psychosocial maturation necessary to function as an
adult in Paleolithic society based on small groups of
hunter-gatherers,' they write...However, today there is
a mismatch between sexual maturity and psychosocial
maturity, with sexual maturity occurring much earlier.
This mismatch is a result of society becoming vastly
more complex, with psychosocial maturity therefore
taking longer to reach.
'For the first time in our 200,000 year history as a
species, humans become sexually mature before becoming
psychologically equipped to function as adults in
society,' explains Professor Hanson.
'All our social systems work on the presumption that the
two types of maturity coincide. But this is no longer
the case and never will be again because we cannot
change biological reality. We have to work out a new set
of structures - schooling, for example - to deal with
this reality.' “
[76]
When Little Girls Become Women: Early Onset of Puberty
in Girls
“But the implications for parents, teachers, and
others who work with children are equally important:
many young girls in early elementary school are
developing breasts and pubic hair at a time when they
are still playing with dolls and Junior Monopoly, and
are too young to understand the emotional mood swings
and other symptoms of adolescence.”
[78]
Benjamin Franklin On An Early Marriage, The Pennsylvania
Packet, October 30, 1789
" The tempers and habits of the young are not yet
become so stiff and uncomplying as when more advanced in
life; they form more easily to each other, and hence
many occasions of disgust are removed. And if youth has
less of that prudence which is necessary to manage a
family, yet the parents and elder friends of young
married persons are generally at hand, to afford their
advice, which amply supplies that defect; and by early
marriage youth is sooner formed to regular and useful
life...when nature has rendered our bodies fit for it,
the presumption is in nature's favor, that she has not
judged amiss in making us desire it...By these early
marriages, we are blessed with more children, and from
the mode among us, founded by nature, of every mother
suckling and nursing her own child, more of them are
raised. Thence the swift progress of population among
us, unparalleled in Europe. In fine, I am glad you are
married, and congratulate you most cordially upon it.
You are now in the way of becoming a useful citizen, and
you have escaped the unnatural state of celibacy for
life, the fate of many here, who never intended it, but
who, having too long postponed the change of their
condition, find at length that it is too late to think
of it; and so live all their lives in a situation that
greatly lessens a man's value"
[80]
“sexual behaviour, human” Encyclopedia Britannica, 2008
“The old family pattern was inexorably disrupted by
the rise of the industrial state. Children were no
longer kept at home to share in the work and be economic
assets but left for school or for nonfamily employment,
and the degree of parental control diminished.”
[81]
William Faulkner, a twentieth- century American novelist
once wrote, “The past is not dead, Sep 2004
" Children received discipline and learned values
within a family environment. The role of family in a
child's experience has dramatically diminished since the
17th century. Traditional family roles have changed and
as a result, children spend larger periods of time in
school... As mentioned in the US census, in 1995 alone,
around 45% of children were enrolled in some version of
daycare. With so much of a child's education entrusted
to strangers who do not know the family well, it has
become more difficult to control, or even to know, what
values children are picking up. In addition, children
have a greater peer influence as they are with peers
constantly. Thus, the changing times have altered the
traditional child rearing roles and changed the values
instilled in contemporary children."
[82]
The Cradle and the Gap
“From ancient times through the early centuries of
this country's history, early puberty has been
considered the proper time to go to school. Now,
however, educators and psychologists have brainwashed
the public into thinking that public schools can
outparent families. The state has taken over education
and removed children from the home at too young an age.
This practice has led to: (1) a poorer education, as
shown by the decline in literacy since the beginning of
public education; (2) the creation of a generation gap,
as a result of keeping children in institutions and away
from parents; and (3) peer dependency and poor
self-worth attitudes, because children spend more time
with peers than with parents. Research and example have
proved the theses that the home is the best educational
nest, that parents are the best educators, and that
parents are educable. Educational factors that make home
schooling successful include the importance of the
singular adult example undiluted by too many peers, the
need to explore widely without the inhibitions of the
classroom, the need for many quality personal
adult-to-child responses, and the availability of books
in public libraries. The best age for school entrance is
in the range of 8-12 years old, as determined by early
childhood studies on socialization and readiness for
learning.”
[84]
"Industrial Revolution." Encyclopedia Britannica, 2008
“The main features involved in the Industrial
Revolution were technological, socioeconomic, and
cultural. The technological changes included the
following: (1) the use of new basic materials, chiefly
iron and steel, (2) the use of new energy sources,
including both fuels and motive power, such as coal, the
steam engine, electricity, petroleum, and the
internal-combustion engine, (3) the invention of new
machines, such as the spinning jenny and the power loom
that permitted increased production with a smaller
expenditure of human energy, (4) a new organization of
work known as the factory system, which entailed
increased division of labour and specialization of
function, (5) important developments in transportation
and communication, including the steam locomotive,
steamship, automobile, airplane, telegraph, and radio,
and (6) the increasing application of science to
industry. These technological changes made possible a
tremendously increased use of natural resources and the
mass production of manufactured goods....There were also
many new developments in nonindustrial spheres,
including the following: (1) agricultural improvements
that made possible the provision of food for a larger
nonagricultural population, (2) economic changes that
resulted in a wider distribution of wealth...(4)
sweeping social changes, including the growth of cities,
the development of working-class movements, and the
emergence of new patterns of authority...Finally, there
was a psychological change: man's confidence in his
ability to use resources and to master nature was
heightened.”
[87]
“Child Sexual Abuse I: An Overview”, Advocates for Youth
“The American Medical Association defines child
sexual abuse as "the engagement of a child in sexual
activities for which the child is developmentally
unprepared and cannot give informed consented. Child
sexual abuse is characterized by deception, force or
coercion.”
[93]
“Commentary: The pitfalls of policy history. Writing the
past to change the present”, S Ryan Johansson,
International Journal of Epidemiology, 2005 34(3):
526-529
"...most people were too poor, and therefore too poorly
nourished, to resist the relentless onslaughts of
disease, particularly infectious disease. In 18th
century Western Europe, agricultural development
increased the food supply and let ordinary people buy
more and better food. Better nutrition increased their
resistance to infectious disease, and reduced death
rates, all without the assistance of medical care. It
took another century (i.e. 1870) before public health
and the decline of fertility made a complementary but
still minor contribution to the continuing,
nutrition-driven decline of mortality. Thus, if the goal
of contemporary health policy is to further reduce
mortality, society should invest its resources in the
reduction of malnutrition, and more broadly, the
eradication of poverty, not more and more sophisticated
forms of medical care.”
[95]
“population ecology” Encyclopedia Britannica, 2008
“Of the many differences in life history that occur
among populations, age at the time of first reproduction
is one of the most important for understanding the
dynamics and evolution of a population. All else being
equal, natural selection will favour individuals that
reproduce earlier than other individuals within a
population, because by reproducing earlier an
individual's genes enter the gene pool sooner than those
of other individuals that were born at the same time but
have not reproduced. The genes of the early reproducers
then begin to spread throughout the population.
Individuals whose genetic makeup allows them to
reproduce earlier in life will come to dominate a
population if there is no counterbalancing advantage to
those individuals that delay reproduction until later in
life.”
[114]
“UAE”, Islamic Family Law – Legal Profiles, Emory Law
School, 2002
State Religion: Islam, Sharia Marital Law
“Age makes all the difference”, Bassma Al Jandaly, Gulf
News, November 02, 2007
“Dubai: You can get married in the UAE if you are 18
years old, but if you are less than the legal age, a
judge will have to decide whether you are competent
enough to wed. If you are 18 years of age and older but
your guardians are stopping the marriage, you can
approach a court judge to sort out the issue.”
"Getting Married in Abu Dhabi", Abu Dhabi Tourism
Authority
“Islam is the official state religion and the Sharia
Court in Abu Dhabi performs marriage, regardless of
applicants’ nationalities, according to Islamic
law...Regardless of a woman’s age the Sharia Court would
always require her guardian’s approval for the
marriage.”
[117]
“Shari'ah”, Encyclopedia Britannica, 2008
“A legal capacity to transact belongs to any person “of
prudent judgment” (rashid), a quality that is normally
deemed to arrive with physical maturity or
puberty...Persons who are not rashid, on account of
minority, mental deficiency, simplicity, or prodigality,
are placed under interdiction: their affairs are managed
by a guardian and they cannot transact effectively
without the guardian's consent.”
[118] {æóÇÈúÊóáõæÇú
ÇáúíóÊóÇãóì ÍóÊøóìó ÅöÐóÇ ÈóáóÛõæÇú ÇáäøößóÇÍó ÝóÅöäú
ÂäóÓúÊõã ãøöäúåõãú ÑõÔúÏÇð ÝóÇÏúÝóÚõæÇú Åöáóíúåöãú
ÃóãúæóÇáóåõãú...} {Test the orphans, so that if
they have reached the age of procreation, and if (you)
discerned from them sound judgement then deliver to them
their fortune} Quran: Al Nisaa (The Women) 4:6, p. 77
The responsibility of another person or children is
far more important to test than the responsibility of
money alone. Furthermore, this is the only verse in the
Quran using the term “Balaghu Alnikah“ (age of
procreation) for puberty, and it is to mention the
condition of sound judgement before gaining the
responsibilities normally associated with puberty.
(Muhaddith MR)
[119] “al Mustadrak”, al
Hakim, vol. 2
“...an authentic hadeeth by Imaam Muslim’s criteria:
Citing Abu Sa’eed al Khudri that the Prophet PBUH said:
‘No harm (is allowed), nor harming back. Whoever harms,
Allah Will Harm him, and whoever makes things difficult
(for others), Allah Will Make things difficult for
him’.”
ÇáãÓÊÏÑß Úáì ÇáÕÍíÍíä¡ ááÅãÇã ãÍãÏ Èä ÚÈÏ Çááå ÇáÍÇßã
ÇáäíÓÇÈæÑí. ÇáãÌáÏ ÇáËÇäí
...
Úä ÃÈí ÓÚíÏ ÇáÎÏÑí - ÑÖí Çááå ÊÚÇáì Úäå: Ãä ÑÓæá Çááå -
Õáì Çááå Úáíå æÓáã - ÞÇá: (áÇ ÖÑÑ æáÇ ÖÑÇÑ¡ ãä ÖÇÑ ÖÇÑå
Çááå¡ æãä ÔÇÞ ÔÇÞ Çááå Úáíå). åÐÇ ÍÏíË ÕÍíÍ ÇáÅÓäÇÏ Úáì
ÔÑØ ãÓáã¡ æáã íÎÑÌÇå.þ
[120] Imaam Ahmad, Abu Dawood,
Tirmizhi, Nasaa’i, Ibn Maajah, and Al Tabaraani (citing
Abi Sirmah), and Al Hakim (citing Abu Sa’eed Al Khudri):
“Whoever harms, Allah Will Harm him, and whoever makes
things difficult (for others), Allah Will Make things
difficult for him.”
Ñæì ÃÍãÏ Ýí ãÓäÏå æÃÈæ ÏÇæÏ¡ æÇáÊÑãÐí¡ æÇáäÓÇÆí¡ æÇÈä
ãÇÌå¡ æÇáØÈÑÇäí Ýí ÇáßÈíÑ Úä ÃÈí ÕÑãÉ
ãä
ÖÇÑ ÖÇÑ Çááå Èå¡ æãä ÔÇÞ ÔÇÞ Çááå Úáíå
[121] Hadith Hasan
(authenticated): Malik, Suyuti, Ahmed, Shafii; and Imam
Munawi in “Faydh al Qadir, Sharh al Jame al Saghir” vol
6, hadith #9899
“Allah’s Messenger said: ‘No harm (is allowed), nor
harming back.’ “
ÇáÅãÇãö ÇáãäÇæí, þÝíÖ ÇáÞÏíÑ¡ ÔÑÍ ÇáÌÇãÚ ÇáÕÛíÑ¡ ÇáÌÒÁ
ÇáÓÇÏÓ. ÍÏíË ÑÞã: 9899
áÇ ÖÑÑ æáÇ ÖÑÇÑ
[122] "The Language of God",
Francis Collins, pp 243-244
"four ethical principles undergird much of
bioethics, and are common to virtually all cultures and
societies: 1-Respect for autonomy...2- Justice...3-
Benefience-The mandate to treat others in their best
interests 4- Nonmaleficence-"First do no harm" (as in
the Hypocrstic oath)...A religious person will see these
as principles clearly laid out in sacred texts of the
Judeo-Christian, Islamic, Buddhist, and other religious
traditions..."
[123] "The Language of God",
Francis Collins, pp 243-244
"four ethical principles undergird much of
bioethics, and are common to virtually all cultures and
societies: 1-Respect for autonomy...2- Justice...3-
Benefience-The mandate to treat others in their best
interests 4- Nonmaleficence-"First do no harm" (as in
the Hypocrstic oath)...A religious person will see these
as principles clearly laid out in sacred texts of the
Judeo-Christian, Islamic, Buddhist, and other religious
traditions..."
[124] Tafsir al Qurtubi,
Explanation of the Quran: Al Tawbah (The Repentance)
9:91
“His saying: {Not on the weak nor on the sick nor on
those who find nothing to spend is any blame (haraj, or
fault) if they are true to Allah and His messenger...}
is a foundation that obligations are waived from upon
the infirm, thus any person who is not capable of
something, then it is waived for him; sometimes to a
replacement which is an (other) action, and sometimes to
a financial assignment, and there is no difference
between incapability regarding the body or the wealth.
And similar to this aayah is His saying: {Allah does not
burden a soul except according to its capability}
(Baqarah, 286)
And His saying: {There is no blame on the blind, nor is
there blame on the lame, nor is there blame on the
sick.} (Al Nur, 61)”
ÓæÑÉ ÇáÊæÈÉ 9:91 ÊÝÓíÑ ÇáÞÑÊÈí
Þæáå ÊÚÇáì: {áíÓ Úáì ÇáÖÚÝÇÁ æáÇ Úáì ÇáãÑÖì æáÇ Úáì
ÇáÐíä áÇ íÌÏæä ãÇ íäÝÞæä ÍÑÌ ÅÐÇ äÕÍæÇ ááå æÑÓæáå ãÇ Úáì
ÇáãÍÓäíä ãä ÓÈíá æÇááå ÛÝæÑ ÑÍíã} .
ÃÕá
Ýí ÓÞæØ ÇáÊßáíÝ Úä ÇáÚÇÌÒ Ýßá ãä ÚÌÒ Úä ÔíÁ ÓÞØ Úäå¡
ÝÊÇÑÉ Åáì ÈÏá åæ ÝÚá¡ æÊÇÑÉ Åáì ÈÏá åæ ÛÑã¡ æáÇ ÝÑÞ Èíä
ÇáÚÌÒ ãä ÌåÉ ÇáÞæÉ Ãæ ÇáÚÌÒ ãä ÌåÉ ÇáãÇá æäÙíÑ åÐå ÇáÂíÉ
Þæáå ÊÚÇáì: {áÇ íßáÝ Çááå äÝÓÇ ÅáÇ æÓÚåÇ" [ÇáÈÞÑÉ: 286]
æÞæáå: {áíÓ Úáì ÇáÃÚãì ÍÑÌ æáÇ Úáì ÇáÃÚÑÌ ÍÑÌ æáÇ Úáì
ÇáãÑíÖ ÍÑÌ" [ÇáäæÑ: 61].
[125] Quran: Al Hajj (The
Pilgrimage) 22:78
“...He has chosen you and has not placed upon you in
religion any hardship (haraj)...”
ÓæÑÉ ÇáÍÌ 22:78 ÇáÞÑÂä ÇáßÑíã
åõæó ÇÌúÊóÈóÇßõãú æóãóÇ ÌóÚóáó Úóáóíúßõãú Ýöí ÇáÏøöíäö
ãöäú ÍóÑóÌò
[126] Tafsir al Qurtubi,
Explanation of the Quran: Al Nur (The Light) 24:61
{Not on the blind is blame (haraj, or fault), nor on
the blind is blame (haraj), nor on the sick is blame (haraj),
nor on yourselves to eat from your houses...(or from
houses of various relatives)...}
“But the selection (by Qurtubi) is to say: ‘That Allah
has lifted the burden from upon the blind, concerning
obligations that necessitate eyesight, and from upon the
limping (lame) concerning action that require walking in
order to become obligatory as well as actions that
become impossible due to limping, and from upon the
sick, whatever is waived by disease such as fasting, the
conditions and details of prayer and jihad and similar
(duties).’ Then He (Allah) said, providing details: ‘And
there is no blame upon you to eat from your houses.’
So this is a correct meaning, and a clear and beneficial
explanation, supported by Islamic law (sharia) and
reason, and does not require textual sources in (this)
explanation of the Aayah.
I say (al Qurtubi): And this is what Ibn Atiyyah
indicated; he said: ‘So the outward meaning of this
Aayah, and the commandment of Sharia, indicate that
blame is lifted from upon them concerning anything that
they have an excuse against’.”
ÓæÑÉ ÇáäæÑ 24:61 ÊÝÓíÑ ÇáÞÑÊÈí
{áóíúÓó
Úóáóì ÇáúÃóÚúãóì ÍóÑóÌñ æóáóÇ Úóáóì ÇáúÃóÚúÑóÌö ÍóÑóÌñ
æóáóÇ Úóáóì ÇáúãóÑöíÖö ÍóÑóÌñ æóáóÇ Úóáóì ÃóäÝõÓößõãú
Ãóä ÊóÃúßõáõæÇ ãöä ÈõíõæÊößõãú Ãóæ...}
þáßä ÇáãÎÊÇÑ Ãä íÞÇá: Åä Çááå ÑÝÚ ÇáÍÑÌ Úä ÇáÃÚãì ÝíãÇ
íÊÚáÞ ÈÇáÊßáíÝ ÇáÐí íÔÊÑØ Ýíå ÇáÈÕÑ¡ æÚä ÇáÃÚÑÌ ÝíãÇ
íÔÊÑØ Ýí ÇáÊßáíÝ Èå ãä ÇáãÔí æãÇ íÊÚÐÑ ãä ÇáÃÝÚÇá ãÚ
æÌæÏ ÇáÚÑÌ¡ æÚä ÇáãÑíÖ ÝíãÇ íÄËÑ ÇáãÑÖ Ýí ÅÓÞÇØå ßÇáÕæã
æÔÑæØ ÇáÕáÇÉ æÃÑßÇäåÇ¡ æÇáÌåÇÏ æäÍæ Ðáß. Ëã ÞÇá ÈÚÏ Ðáß
ãÈíäÇ: æáíÓ Úáíßã ÍÑÌ Ýí Ãä ÊÃßáæÇ ãä ÈíæÊßã. ÝåÐÇ ãÚäì
ÕÍíÍ¡ æÊÝÓíÑ Èíä ãÝíÏ¡ æíÚÖÏå ÇáÔÑÚ æÇáÚÞá¡ æáÇ íÍÊÇÌ Ýí
ÊÝÓíÑ ÇáÂíÉ Åáì äÞá.
ÞáÊ: æÅáì åÐÇ ÃÔÇÑ ÇÈä ÚØíÉ ÝÞÇá: ÝÙÇåÑ ÇáÂíÉ æÃãÑ
ÇáÔÑíÚÉ íÏá Úáì Ãä ÇáÍÑÌ Úäåã ãÑÝæÚ Ýí ßá ãÇ íÖØÑåã Åáíå
ÇáÚÐÑ¡ æÊÞÊÖí äíÊåã Ýíå ÇáÅÊíÇä ÈÇáÃßãá¡ æíÞÊÖí ÇáÚÐÑ Ãä
íÞÚ ãäåã ÇáÃäÞÕ¡ ÝÇáÍÑÌ ãÑÝæÚ Úäåã Ýí åÐÇ.
[127] Quran: Al Maedah (The
Repast) 5:6
“O you who believe, if you rise for prayer, wash
your faces and hands to the elbows, and wipe your heads,
and (wash) your feet to the two ankles. And if you are
unclean then purify (yourselves). And if you are sick,
or on a journey, or one of you comes from the lavatory,
or have had contact with women, and then you find no
water, then take clean earth (sand,dust), and wipe your
faces and hands with it. Allah does not want to place on
you of hardships (haraj), rather, He wants you (to be)
purified and perfect His grace upon you, that you may be
grateful”
ÓæÑÉ ÇáãÇÆÏÉ 5:6 ÇáÞÑÂä ÇáßÑíã
íóÇ ÃóíøõåóÇ ÇáøóÐöíäó ÂãóäõæÇú ÅöÐóÇ ÞõãúÊõãú Åöáóì
ÇáÕøóáÇÉö ÝÇÛúÓöáõæÇú æõÌõæåóßõãú æóÃóíúÏöíóßõãú Åöáóì
ÇáúãóÑóÇÝöÞö æóÇãúÓóÍõæÇú ÈöÑõÄõæÓößõãú æóÃóÑúÌõáóßõãú
Åöáóì ÇáúßóÚúÈóíäö æóÅöä ßõäÊõãú ÌõäõÈÇð ÝóÇØøóåøóÑõæÇú
æóÅöä ßõäÊõã ãøóÑúÖóì Ãóæú Úóáóì ÓóÝóÑò Ãóæú ÌóÇÁ ÃóÍóÏñ
ãøóäßõã ãøöäó ÇáúÛóÇÆöØö Ãóæú áÇóãóÓúÊõãõ ÇáäøöÓóÇÁ
Ýóáóãú ÊóÌöÏõæÇú ãóÇÁ ÝóÊóíóãøóãõæÇú ÕóÚöíÏÇð ØóíøöÈÇð
ÝóÇãúÓóÍõæÇú ÈöæõÌõæåößõãú æóÃóíúÏöíßõã ãøöäúåõ ãóÇ
íõÑöíÏõ Çááøåõ áöíóÌúÚóáó Úóáóíúßõã ãøöäú ÍóÑóÌò
æóáóÜßöä íõÑöíÏõ áöíõØóåøóÑóßõãú æóáöíõÊöãøó äöÚúãóÊóåõ
Úóáóíúßõãú áóÚóáøóßõãú ÊóÔúßõÑõæäó
[128] Quran: Al Anam (The
Cattle) 6:152, Al Araf (The Heights) 7:42, Al Muminum
(The Believers) 23:62
“We do not charge a soul except what it can bear”
áóÇ äõßóáøöÝõ äóÝúÓÇð ÅöáøóÇ æõÓúÚóåóÇ
Quran: Al Baqara (The Cow) 2:226
“Allah does not charge a soul except what it can
bear”
áÇ íßáÝ Çááå äÝÓÇ ÅáÇ æÓÚåÇ
Quran: Al Baqara (The Cow) 2:286
“A soul is not charged except with what it can bear”
áÇó ÊõßóáøóÝõ äóÝúÓñ ÅöáÇøó æõÓúÚóåóÇ
[129] “Al Athkaru al Nawawiyya”,
Imam Nawawi, hadith # 2/850
“...Abu Hurayra said:
‘Allah’s Messenger (pbuh) said: ‘The person asked for
advice is entrusted’.’ “
Muslim, abu Dawud, Nasaii, Tirmithi, Nasaii, ibn Maja,
and it is an authenticated saying (hadith hasan)
ÇáÃÐúßóÇÑõ ÇáäøóæóæíøóÉ¡ ááÅöãÇã Çáäøóæóæí, æÌÏÊ ÇáßáãÇÊ
Ýí ÇáÍÏíË ÑÞã: 2/850
æÑæíäÇ
Ýí Óää ÃÈí ÏÇæÏ æÇáÊÑãÐí æÇáäÓÇÆí æÇÈä ãÇÌå¡ Úä ÃÈí
åÑíÑÉ ÑÖí Çááøå Úäå ÞÇá: ÞÇá ÑÓæá Çááøå Õáì Çááøå Úáíå
æÓáã: "ÇáãõÓúÊóÔÇÑõ ãõÄúÊóãóäñ". (849) ãÓáã (55) ¡ æÃÈæ
ÏÇæÏ (4944) ¡ æÇáäÓÇÆí 7/156. (850) ÃÈæ ÏÇæÏ (5128) ¡
æÇáÊÑãÐí (2823) æ (2824) ¡ æÇáäÓÇÆí æÇÈä ãÇÌå (3745) æ
(3746) ¡ æåæ ÍÏíË ÍÓä.þ
[130] “Tihfet al Ahwathi: The
Explanation of Sunan al Tirmizhi”, Mubarakpuri
(The person asked for advice is entrusted)
‘The person asked for advice’: Whoever asked his advice
has requested his opinion about what contains benefit
‘is entrusted’: from ‘security’ or ‘trust, confidence’,
its meaning is that the person asked for advice is
entrusted concerning the matters being asked about, so
he should not be treacherous (commit treason) to the
person asking, by withholding what is of benefit to him.
ßÊÇÈ ÊÍÝÉ ÇáÃÍæÐí¡ ÔÑÍ ÌÇãÚ ÇáÊÑãÐí¡ áãÍãÏ Èä ÚÈÏ ÇáÑÍãä
ÇáãÈÇÑßÝæÑí
(Åä
ÇáãÓÊÔÇÑ) ãä ÇÓÊÔÇÑå ØáÈ ÑÃíå ÝíãÇ Ýíå ÇáãÕáÍÉ (ãÄÊãä)
ÇÓã ãÝÚæá ãä ÇáÃãä Ãæ ÇáÃãÇäÉ æãÚäÇå Ãä ÇáãÓÊÔÇÑ Ããíä
ÝíãÇ íÓÃá ãä ÇáÃãæÑ¡ ÝáÇ íäÈÛí Ãä íÎæä ÇáãÓÊÔíÑ ÈßÊãÇä
ãÕáÍÊå
[131] “Fayd al Qadir: The
Explanation of Jame al Saghir”, Imam Munawi, Hadith #
9201
“ ‘The person asked for advice is entrusted’, that
is, entrusted concerning the matters he is asked about,
mentioned al Teebi, because he was given responsibility
for the matter in which he was entrusted, so if he knows
the benefit of the person who gave him responsibility of
his own affair, he should not withhold it, for if he
withholds it he will then be harming him but the Prophet
PBUH said: ‘No harm (can be initiated), nor harm
performed (in retaliation)’...”
ÇáÅãÇãö ÇáãäÇæí, þÝíÖ ÇáÞÏíÑ¡ ÔÑÍ ÇáÌÇãÚ ÇáÕÛíÑ¡ ÇáÌÒÁ
ÇáÓÇÏÓ. ÍÏíË ÑÞã: 9201
(ÇáãÓÊÔÇÑ
ãÄÊãä) Ãí Ããíä ÝíãÇ íÓÃá ãä ÇáÃãæÑ ÐßÑå ÇáØíÈí áÃäå ÞáÏ
ÇáÃãÑ ÇáÐí ÇÓÊÔíÑ Ýíå ÝÅÐÇ ÚÑÝ ÇáãÕáÍÉ áãä ÞáÏå ÃãÑå ÝáÇ
íßÊãå ÝÅä ßÊã ÖÑå æÞÏ ÞÇá Úáíå ÇáÕáÇÉ æÇáÓáÇã áÇ ÖÑÑ æáÇ
ÖÑÇÑ Ýíßæä ÞÏ ÊÑß ÇáÅÍÓÇä æÛÔå ÝíãÇ ÇÓÊÔÇÑå Ýíå æÎÇä
æÞæáå (Åä ÔÇÁ ÃÔÇÑ æÅä ÔÇÁ áã íÔÑ)
[132] Tafseer Al Nasafi:
{command to what is Urf} (Quran: The Heights 7:199,
p. 176)
“What is considered good and fine among actions, or
every feature that reason confirms and that Islamic Law
accepts.”
{æóÃúãõÑú
ÈöÇáúÚõÑúÝö}
ÈÇáãÚÑæÝ æÇáÌãíá ãä ÇáÃÝÚÇá Ãæ åæ ßá ÎÕáÉ íÑÊÖíåÇ ÇáÚÞá
æíÞÈáåÇ ÇáÔÑÚ
[133] Durr al Manthur, Al
Suyuti
{command to what is Urf} (Quran: The Heights 7:199,
p. 176)
“What is considered good.”
{æóÃúãõÑú
ÈöÇáúÚõÑúÝö}
ÈÇáãÚÑæÝ
[134] Baydawi (famous for
linguistic eminence in tafseer):
{command to what is Urf} (Quran: The Heights 7:199,
p. 176)
“What is considered good and recommended so among
actions.”
{æóÃúãõÑú
ÈöÇáúÚõÑúÝö}
ÇáãÚÑæÝ ÇáãÓÊÍÓä ãä ÇáÃÝÚÇá
[143]
“Child Sexual Abuse I: An Overview”, Advocates for Youth
“The National Resource Council estimates the percent
of the U.S. population which has been sexually abused to
range from a low of 20-24 percent to a high of 54-62
percent of the population; the higher estimate includes
sexualized exposure without touching, such as
masturbating in front of the child. The largest
retrospective study on the prevalence of child sexual
abuse found 27 percent of women and 16 percent of men
reported abuse.”
[157]
“A LEAGUE TABLE OF TEENAGE BIRTHS IN RICH NATIONS”,
Unicef, Innocenti Report Card, 2001
"In the world’s rich nations...at least 1.25 million
teenagers become pregnant each year...approximately half
a million will seek an abortion and approximately three
quarters of a million will become teenage mothers... Sex
before marriage and the expectation of several sexual
partners before beginning a stable relationship has now
become the norm in most industrialized countries.”
[158]
"Comments of CATW in preparation for the United States
2002 Trafficking in Persons (TIP) Report", Coalition
Against Trafficking in Women
"Legalized or decriminalized prostitution industries are
one of the root causes of sex trafficking. There is an
fundamental connection between legal recognition of
prostitution industries and the increase in “significant
numbers of victims” who have been subjected to sex
trafficking. Nowhere do we see this relationship more
clearly than in countries advocating prostitution as an
employment choice, or who foster the legalization of
prostitution, or who support the decriminalization of
the sex industry...Another argument for legalizing
prostitution in the Netherlands was that it would help
end child prostitution. In reality, however, child
prostitution in the Netherlands has increased
dramatically during the 1990s...The sheer volume of
foreign women who are in the prostitution industry in
Germany – by some NGO estimates now up to 85 per cent –
casts further doubt on the fact that these numbers of
women could have entered Germany without facilitation.
As in the Netherlands, NGOs report that most of the
foreign women have been trafficked into the country
since it is almost impossible for poor women to
facilitate their own migration, underwrite the costs of
travel and travel documents, and set themselves up in
business without outside help."
[159]
”Worst Forms of Child Labour Data: Germany”, Global
March Against Child Labor
“Child Trafficking...NATIONAL STATISTICS...At least
200 women, including girls under the age of 16, were
trafficked by one Polish man to Germany and the
Netherlands between 1993 and 1996...Germany is a
destination and transit country for trafficked women.
Estimates vary considerably on the number of women and
girls trafficked to and through the country, ranging
between 2,000 and 20,000 per year....Most trafficking
victims are women and girls between the ages of 16 and
25 who are forced to work as prostitutes....Germany,
Israel, the Netherlands, Denmark, and Austria are major
destinations for women trafficked from Lithuania, based
on the figures of women subsequently deported from these
countries to Lithuania....The German Federal Department
of Criminal Investigation estimates that 5% of the women
trafficked from Eastern Europe are younger than
18....Germany is one of the most popular destinations in
Europe for women trafficked from Ukraine and
Russia...Sweden is used as a transit country for
trafficking Latin American women to brothels in Denmark,
Germany and the Netherlands.”
[162]
" 'Tens of thousands' blocked from child porn", Nov 25
2005, The Local: Sweden’s News in English
"Every day 20,000 to 30,000 attempts by Swedes to
enter child pornography sites are blocked, according to
the latest figures from the police...Between 80% and 90%
of child porn web sites are blocked by the
filters...Nevertheless, the figures are "grotesque",
said Ecpat's general secretary Helena Karlén...'It's
significant and shocking that so many people in our
country are interested in watching children being raped
and in certain cases tortured,' she said to SvD."
[163]
”German Police Turn Up the Heat on Internet Sex
Offenders”, 08-01-2007, DW-World.de Detche Welle
Thousands of suspected pedophiles and child-porn
users in Germany...using the Internet to view and trade
sex photos and videos...investigators said they found
photos and videos of children in "violent and degrading
situations."...Child pornography on the rise...Some 800
cases involving child pornography passed through the
state's district attorney's office in Stuttgart in 2006.
That number represents an increase from 690 cases in
2005 and 620 cases in 2004. The suspects come from all
parts of society...Few cases of child pornography,
however, are easy to prosecute, district attorney
spokeswoman Bettina Vetter told the Stuttgarter Zeitung.
Only one third of all child pornography cases are
carried through to a court sentence while many cases are
often abandoned for lack of evidence, she said.
[164]
"German Government Publication Promotes Incestuous
Pedophilia as Healthy Sex Ed", John-Henry Westen, July
30, 2007, LifeSiteNews.com
“Booklets from a subsidiary of the German
government's Ministry for Family Affairs encourage
parents to...Two 40-page booklets entitled "Love, Body
and Playing Doctor" by the German Federal Health
Education Center..."Fathers do not devote enough
attention to the clitoris and vagina of their daughters.
Their caresses too seldom pertain to these regions,
while this is the only way the girls can develop a sense
of pride in their sex," reads the booklet regarding 1-3
year olds. The authors rationalize, "The child touches
all parts of their father's body, sometimes arousing
him. The father should do the same."...For ages 4-6, the
booklet recommends teaching children the movements of
copulation...According to the Polish daily newspaper
Rzeczpospolita, the BZgA booklet is an obligatory read
in nine German regions. It is used for training nursery,
kindergarten and elementary school
teachers...Rzeczpospolita reports that the Eckhardt
Scheffer of BZgA claimed that before releasing the
manual the organization consulted parents, educators and
child psychologists. 93% of whom gave a positive
evaluation.“
[166]
"Europeans pay big for beastiality at barnyard
brothels", Aftermath News, October 2, 2006
"Denmark’s animal bordellos reportedly draw
Norwegian clients, but both countries have loopholes
that make such establishments legal...Denmark’s animal
bordellos have been advertising on the ‘Net and
reportedly draw customers from as far away as Norway,
Germany, Holland and Sweden who want to pay for sex with
horses and other beasts... Mersereau said just because
there’s been publicity about such facilities in Denmark
who are “catering to those kinds of sickos,” that
doesn’t mean those activities aren’t happening
elsewhere."
[167]
"Animal bordellos draw Norwegians", Aftenporten News
from Norway, Sep 14 2006
"According to the 24timer report, Germans, Dutchmen,
Swedes and Norwegians visit the Danish bordellos, and a
web site devoted to bestiality claimed that many of
Denmark's animal sex clients stem from Norway...A new
dissertation from the Institute of Criminology at the
University of Oslo showed that Norwegian veterinarians
know of at least 124 cases of animal sex abuse in
Norway. The thesis reports that 22 percent of Norwegian
veterinarians suspect or are sure that they have treated
animals that have been sexually abused by humans."
[168]
http://en.wikipedia.org/wiki/Bestiality#Legal_status
Currently, the legality of bestiality varies greatly
around the world. It is legal in some countries, such as
Sweden, Denmark and the Netherlands...Countries such as
Belgium, Germany and Russia are in between the two as
they permit sexual activity with animals but strictly
prohibit the promotion of animal-oriented pornography
[169]
”Bestiality on the Rise in Sexually Libertine Sweden”,
LifeSiteNews.com, May 4, 2005
"Sweden, known the world over for its avant garde
sexual mores has crossed yet another barrier in its
moral descent with the news that sexual abuse of animals
is on the increase. A government commissioned study has
found that more than 200 animals, mostly horses, have
been sexually abused in Sweden since the 1970s...Unlike
most countries, bestiality is not illegal in Sweden. The
legal prohibitions against both bestiality and
homosexuality were lifted by the country in 1944....In
an article published last year entitled "The End of
Marriage in Scandinavia", author Stanley Kurtz reported
"Sweden is probably the most secular country in the
world. Secular social scientists (most of them quite
radical) have largely replaced clerics as arbiters of
public morality." The decline of general sexual
morality, evident in Swedish society, seems to be
manifesting itself in many disturbing ways, spiraling
downward with increasing rapidity."
[170]
“Falling Age at Puberty”, Population Reports, Volume
XXIII, Number 3, October, 1995
“Boys and girls now experience puberty at younger
ages than previous generations. In general, girls enter
puberty between ages 8 and 13 and reach menarche (first
menstruation) several years later, while boys enter
puberty between ages 9 and 14 (436, 529). The reasons
for earlier menarche in girls are not well understood.
Most of the change is attributed to better health and
nutrition (160, 185, 529). In North America age at
menarche decreased by three to four months each decade
after 1850”
[173]
”New research shows how evolution explains age of
puberty”, From the University of Southampton
“They found that Paleolithic girls arrived at
menarche - the first occurrence of menstruation -
between seven and 13 years. This is a similar age to
modern girls...'This would have matched the degree of
psychosocial maturation necessary to function as an
adult in Paleolithic society based on small groups of
hunter-gatherers,' they write...However, today there is
a mismatch between sexual maturity and psychosocial
maturity, with sexual maturity occurring much earlier.
This mismatch is a result of society becoming vastly
more complex, with psychosocial maturity therefore
taking longer to reach.
'For the first time in our 200,000 year history as a
species, humans become sexually mature before becoming
psychologically equipped to function as adults in
society,' explains Professor Hanson.
'All our social systems work on the presumption that the
two types of maturity coincide. But this is no longer
the case and never will be again because we cannot
change biological reality. We have to work out a new set
of structures - schooling, for example - to deal with
this reality.' “
[174]
When Little Girls Become Women: Early Onset of Puberty
in Girls
“But the implications for parents, teachers, and
others who work with children are equally important:
many young girls in early elementary school are
developing breasts and pubic hair at a time when they
are still playing with dolls and Junior Monopoly, and
are too young to understand the emotional mood swings
and other symptoms of adolescence.”
[175]
“A LEAGUE TABLE OF TEENAGE BIRTHS IN RICH NATIONS”,
Unicef, Innocenti Report Card, 2001
“In particular the weakening of traditional
attitudes has combined with commercial pressures to
create more sexualised societies in which old taboos
serve mainly to add to the allure of the formerly
forbidden. Increasingly, sexual imagery and content are
permeating the information and entertainment
environments within which today’s teenagers develop
awareness, experiment with identity, and live out their
aspirations towards adulthood. Unsurprisingly in such a
context, sexual activity among teenagers has increased
(perhaps aided by a fall in the average age of puberty
as a result of better health and nutrition).”
|