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India court: Sharia trumps ban on child marriage

Dec 6, 2014 11:19 am By Robert Spencer

UnderagebridesYemenIslamic apologists in the West routinely deny that Muhammad married a child or that Islamic law sanctions child marriage. Stories like these show that they’re lying. In reality, few things are more abundantly attested in Islamic law than the permissibility of child marriage. Islamic tradition records that Muhammad’s favorite wife, Aisha, was six when Muhammad wedded her and nine when he consummated the marriage:

“The Prophet wrote the (marriage contract) with Aisha while she was six years old and consummated his marriage with her while she was nine years old and she remained with him for nine years (i.e. till his death)” (Bukhari 7.62.88).

Another tradition has Aisha herself recount the scene:

The Prophet engaged me when I was a girl of six (years). We went to Medina and stayed at the home of Bani-al-Harith bin Khazraj. Then I got ill and my hair fell down. Later on my hair grew (again) and my mother, Um Ruman, came to me while I was playing in a swing with some of my girl friends. She called me, and I went to her, not knowing what she wanted to do to me. She caught me by the hand and made me stand at the door of the house. I was breathless then, and when my breathing became Allright, she took some water and rubbed my face and head with it. Then she took me into the house. There in the house I saw some Ansari women who said, “Best wishes and Allah”s Blessing and a good luck.” Then she entrusted me to them and they prepared me (for the marriage). Unexpectedly Allah”s Apostle came to me in the forenoon and my mother handed me over to him, and at that time I was a girl of nine years of age. (Bukhari 5.58.234).

Muhammad was at this time fifty-four years old.

Marrying young girls was not all that unusual for its time, but because in Islam Muhammad is the supreme example of conduct (cf. Qur’an 33:21), he is considered exemplary in this unto today. And so in April 2011, the Bangladesh Mufti Fazlul Haque Amini declared that those trying to pass a law banning child marriage in that country were putting Muhammad in a bad light: “Banning child marriage will cause challenging the marriage of the holy prophet of Islam, [putting] the moral character of the prophet into controversy and challenge.” He added a threat: “Islam permits child marriage and it will not be tolerated if any ruler will ever try to touch this issue in the name of giving more rights to women.” The Mufti said that 200,000 jihadists were ready to sacrifice their lives for any law restricting child marriage.

Likewise the influential website Islamonline.com in December 2010 justified child marriage by invoking not only Muhammad’s example, but the Qur’an as well:

The Noble Qur’an has also mentioned the waiting period [i.e. for a divorced wife to remarry] for the wife who has not yet menstruated, saying: “And those who no longer expect menstruation among your women, if you doubt, then their period is three months, and [also for] those who have not menstruated” [Qur’an 65:4]. Since this is not negated later, we can take from this verse that it is permissible to have sexual intercourse with a prepubescent girl. The Qur’an is not like the books of jurisprudence which mention what the implications of things are, even if they are prohibited. It is true that the prophet entered into a marriage contract with A’isha when she was six years old, however he did not have sex with her until she was nine years old, according to al-Bukhari.

Other countries make Muhammad’s example the basis of their laws regarding the legal marriageable age for girls. Article 1041 of the Civil Code of the Islamic Republic of Iran states that girls can be engaged before the age of nine, and married at nine: “Marriage before puberty (nine full lunar years for girls) is prohibited. Marriage contracted before reaching puberty with the permission of the guardian is valid provided that the interests of the ward are duly observed.”

According to Amir Taheri in The Spirit of Allah: Khomeini and the Islamic Revolution (pp. 90-91), Iran’s Ayatollah Khomeini himself married a ten-year-old girl when he was twenty-eight. Khomeini called marriage to a prepubescent girl “a divine blessing,” and advised the faithful to give their own daughters away accordingly: “Do your best to ensure that your daughters do not see their first blood in your house.” When he took power in Iran, he lowered the legal marriageable age of girls to nine, in accord with Muhammad’s example.

“Muslim girl can marry once she completes 15 yrs of age: Gujarat High Court,” PTI, December 5, 2014 (thanks to The Religion of Peace):

The court made the observation while quashing legal proceedings under the Prohibition of Child Marriage Act against a Muslim youth who had married a 17-year-old girl of his community.

Justice J B Pardiwala in the order passed on December 2 said that according to the Muslim Personal Law, a Muslim girl, if she attains puberty or completes the age of 15 years, is “competent” to get married. “It is not in dispute that the boy and girl both are Muslims. According to the Personal Law of Muslims, the girl no sooner than she attains the puberty or completes 15 years, whichever is earlier, is competent to get married without the consent of her parents,” the order said.

The court gave the judgement in connection with a plea filed by a Surat-based youth Yusuf Lokhat seeking to set aside the charge sheet filed against him in a that city’s court under several sections of Prohibition of Child Marriage Act, 2006.

“It appears that the parents of the girl have also now accepted the marriage. The man and his wife both are personally present in the Court. They confirm about their marriage. The girl submits that she is happily residing with her husband at her matrimonial home. Having regard to the peculiar facts of the case, in my view, no case is made out to prosecute the criminal proceedings further,” the order said.

As per the case details, Lokhat married a 17-year-old girl from his community in February this year. Following the marriage, the girl’s father, who was initially against the marriage, wrote to a Superintendent of the ‘Children Home for Girls’ in Surat, who had initiated legal proceedings against the boys and other three persons known to the boy.

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Filed Under: child marriage, dhimmitude, Featured, India, Sharia Tagged With: child marriage, india


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Comments

  1. Truth says

    Dec 6, 2014 at 11:23 am

    Islam..
    The religion of lies and deception

    • Shane says

      Dec 7, 2014 at 10:07 am

      Here’s what the Ayatollah Ruhollah Khomeini said about Muslims and marriage – Ayatollah Khomeini on Islam Part 1: Sex, Marriage, Divorce and Relationships http://iranpoliticsclub.net/islam/khomeini-sex/index.htm This is freaking disgusting!

  2. Jay Boo says

    Dec 6, 2014 at 11:32 am

    The photo is a page from the Kindergarten catalog.

  3. Jay Boo says

    Dec 6, 2014 at 11:40 am

    “The Prophet engaged me when I was a girl of six (years). We went to Medina and stayed at the home of Bani-al-Harith bin Khazraj. —– Then I got ill and my hair fell down. ”
    ———————————————————————————

    Hair loss is one of the symptoms seen in victims of starvation.
    Muhammad stole food from the tribes around Medina.
    Then he saved the life of a six year old girl.
    Nice Guy

    • twostellas says

      Dec 6, 2014 at 2:40 pm

      It’s also a symptom of severe trauma.

  4. CogitoErgoSum says

    Dec 6, 2014 at 11:53 am

    Are little Muslim girls to be subjected to female circumcision before they can be married at the age of 9 or is it allowable for them to wait until after the wedding for the mutilation?

    • zebo says

      Dec 6, 2014 at 1:07 pm

      female circumcision is not part of islam as i know.
      This is more of an old pagan african/arab ritual that is also common within non-muslim grouo like
      kopts and christian african tribes,(though most victims are muslims)

      It shouldn’t be that hard to stop this pervert torture by starting to educate non-muslim groups first and make the first step that way and establish it slowly and then educate muslim groups,
      but i guess the reason is islam
      why noone is really trying to stop this ,because as soon as you try to thematise this you’ll have to thematise muslims sooner or later and this the western goog-doers obviously try to avoid,no matter how much people have to suffer.

      • dlbrand says

        Dec 6, 2014 at 9:42 pm

        zebo,

        Female circumcision was, thus is, sunnah of the prophet, thus sunnah of Medinah, thus sunnah of the ummah of Muahammad, indeed, a central part of Islam.

        In the sahih collections of ahadith, we read, Aishah stated, “The Messenger of Allah (SAW) said: ‘When anyone sits amidst four parts (of the woman) and the circumicised [sic] parts touch each other a bath becomes obligatory.”

        (Sahih Muslim, By Imam Muslim, Rendered in English by ‘Abdul Hamid Siddiqi, Islamic Book Service, Fourth Edition, 2005, Vol. I, Book of Menstruation, p.243, 244, #349)

        And again, from Sunan Abu Dawud: “Abu Hurairah narrating that the Prophet said: ‘If he (the man) settles between her four limbs, and the circumcised part touches the circumcised part, Ghusl has become obligatory.’” (Sahih.)

        (Sunan Abu Dawud, Compiled by: Imam Hafiz Abu Dawud Sulaiman ibn Ash ‘ath, Ahadith edited and referenced by: Hafiz Abu Tahir Zubair ‘Ali Za’i, Translated by: Nasiruddin al-Khattab (Canada), Final Review by: Abu Khaliyl (USA); First Edition, Darussalam, 2008; Vol. 1, Book of Purification, p. 141, # 216.)

        Echoing the above, this hadith from yet another source: “Aishah narrated: ‘When the circumcised meets the circumcised [then indeed] Ghusl is required. Myself and Allah’s Messenger did that, so we performed Ghusl.’”

        (Jami At-Tirmidhi, Compiled by: Imam Hafiz Abu ‘Eisa Mohammad Ibn ‘Eisa At-
        Tirmidhi, Translated by: Abu Khaliyl (USA), Ahadith edited and referenced by” Hafiz Abu Tahir Zubair ‘Ali Za’i, Final Review by: Islamic Research Section, Darussalam, First Edition, 2007; Vol. 1, p.133. # 108.)

        On the heels of that, the successive hadith reads much the same, and following it, these footnotes:

        Abu ‘Eisa said, “The Hadith of Aishah is a Hasan Sahih Hadith (Approved Sound Hadith) .” He said: This Hadith from Aishah, from the Prophet: “When the circumcised meets the circumsiced [then indeed] Ghusl is required” has been related via more than one route.

        It is the saying of most of the people among the Companions of the Prophet. Among them: Abu Bakr, ‘Umar, Uthman, ‘Ali, ‘Aishah—and the Fugaha’ among the Tabi ‘in and those after them, like: Sufyan Ath-Thawri, Ash-Shafi ‘I, Ahmad, and Ishaq. They say: When the two circumcised organs meet, Ghusl is required. (ibid, #109.)

        For that reason, we have the follow narrative with the “Messenger of Allah” providing guidance on female circumcision: “a woman used to circumcise females in Al-Mednah, and the Prophet said to her, ‘Do not go to extremes in cutting, for that is better for the woman and more liked by the husband.’” (Dawud, V. 5. P. 486-7, #5271.)

        Just as sure as the child-bride concept is a tenet in Islam so too is female circumcision–because both were/are Sunnah of the so-called prophet of Islam.

        Moreover, to find fault in anything the self-claimed prophet did, or find fault in the precepts borne out in the books he fathered and “brought,” is, from the Islamic perspective, to insult him.

        And to insult the so-called prophet is to curse him, to curse him is to curse Allah; and the punishment for those who cures Allah or his messenger is death, often times, by beheading.

      • dlbrand says

        Dec 7, 2014 at 8:15 pm

        Notoislam (responding to you here, given, no active reply option directly beneath your post),

        Indeed.

        In brief, sira, ahadith, and al-Maghazi, Tafsir, and other authoritative Islamic sources, provide, Zaybab bt. Al-Harith, among the captive Jews subsequent to the Conquering of Khaybar, slaughtered a goat (some sources call it mutton), “took some potent poison ….. poisoned the lamb, putting more on the forearms and shoulders,” given, those were the parts preferred by “the Prophet.” (Waqidi, and others.)

        He had her executed, “then crucified.” (ibid.)

        Yes, indeed, my friend. The Islamic authoritative text on the record of Muhammad and his “religion,” when studied, only highlight, underscore, and make bold the stupidity and cowardice in the lions share of our elected officials who tell us Islam is noble and peaceful.

        They are flat gutless in their dealing with the realities of Islam and the man (real or fictional) who brought it.

  5. somehistory says

    Dec 6, 2014 at 1:44 pm

    Poor little girls. satan invented so many hurtful and disgusting things. And some humans willingly go along with the evil creature and his evil schemes. And the innocent ones suffer.

  6. abad says

    Dec 6, 2014 at 2:19 pm

    Those poor little girls! They should be enjoying childhood, NOT being married off to dirty Muslim men.

  7. Twostellas says

    Dec 6, 2014 at 2:33 pm

    Robert, how dare you point this out? Ben Affleck is gonna give you the stink eye now and pout. How dare you make him feel like a pos for defending Islam and its sanctioning of men raping children! Totally outraged! /

  8. CogitoErgoSum says

    Dec 6, 2014 at 6:48 pm

    Who can argue with thinking such as yours, Christy? However, I do have a least one other question for you. What makes child marriage a problem, in your opinion?

  9. Jay Boo says

    Dec 6, 2014 at 8:23 pm

    ISLAMIC PIETY BLUES
    When your neighbor is a Qur’an carrying Muslim man who smiles and stares trancelike into your eyes it is only because he is secretly daydreaming about slitting your throat after sharpening his knife in order that he may boink your daughters and your wife.

    Even Christy will admit that this is completely true.

  10. somehistory says

    Dec 6, 2014 at 9:11 pm

    Christy: So, when a store or home is burglarized and things are stolen, it should just be ignored because it has happened thousands of times before? Your logic says *yes.*
    When a woman is on her way home from work and suffers car trouble and the *help* rapes and kills her, dumping her body in the woods, it should be ignored because it has happened so many times before? Your logic says *yes.*

    Just because other groups or cultures have the abominable practice of raping little girls and calling it *marriage* means no one is supposed to notice when the courts say it’s okay for these muslims to do it? No one is supposed to try to call attention to the sickening stats and the wide-world-over teaching by imams that their so-called *prophet*….the pervert, liar, thief, mass murderer…said old muslim men could rape little girls and it would be a good thing….because maybe…just maybe…some other old men also think it’s a good thing to rape little girls and call it *marriage*…?

    Your arguments in favor of islam on this site have not gone unnoticed. The one you posted this time…the *so what*…is disgusting.

    • somehistory says

      Dec 7, 2014 at 5:33 pm

      With several hundred loaves of bread and your bologna, I could feed my entire neighborhood. You don’t have the first iota as to what is of concern to me except for what I write here. I happen to have seen and gotten to know some muslim females and cared about what they have to go through being in the muslim household.
      Little babies, little girls, young girls and young women shouldn’t be forced to have sex. If you don’t understand that, you don’t understand anything.

  11. Semeru says

    Dec 7, 2014 at 2:49 am

    Well well well Spencer over does it again

    He writes a long commet about Ashia and her alleged marriage to mohammed at the age of 6 and having sex at 9, before the main article. In the article the girl in question is all off 17.

    Also Spencer again accuses Khomeini of marrying a ten year old, he still does not give a link, but gives the source, Amir Taheri in The Spirit of Allah. But who is Amir Taheri.

    To find out go to wiki, Amir Taheri (born 9 June 1942, Ahvaz) is an Iranian-born conservative[1] author based in Europe. His writings focus on the Middle East affairs and topics related to Islamist terrorism. He has been the subject of many controversies involving fabrications in his writings,

    So Spencer source is not the most reliable to say the least

    The are many autobiographies of both Khomeini and his wife and none say he married when she was 16

    Check it out

    • Mirren10 says

      Dec 7, 2014 at 8:30 am

      ” In the article the girl in question is all off 17.”

      Yet again, Semeru, you have missed the point.

      The point is that mohammedans have now been told they do not have to obey the **law**, because :

      ”According to the Personal Law of Muslims, the girl no sooner than she attains the puberty or completes 15 years, whichever is earlier, is competent to get married without the consent of her parents,” the order said.”

      So, this judge has said that the ‘Personal Law of Muslims’ trumps state law. What a precedent.

      But you’re totally OK with that, right ?

      • Semeru says

        Dec 7, 2014 at 8:31 pm

        I am totally ok with the girl being married at seventeen, especially when the age of consent in india is now 16.

        Now, spencer is claiming that sharia trumps ban on child marriage,

        The definition of child marriage was last updated by India with its The Prohibition of Child Marriage Act of 2006, which applies only (a) to Hindus, Christians, Jains, Buddhists and those who are non-Muslims of India, and (b) outside the state of Jammu and Kashmir. For Muslims of India, child marriage definition and regulations based on Sharia and Nikah has been claimed as a personal law subject.[8][10] For all others, The Prohibition of Child Marriage Act of 2006 defines “child marriage” means a marriage, or a marriage about to be solemnized, to which either of the contracting parties is a child; and child for purposes of marriage is defined based on gender of the person – if a male, it is 21 years of age, and if a female, 18 years of age

        More truth bending from Spencer

        Article 1041 of the Civil Code of the Islamic Republic of Iran states that girls can be engaged before the age of nine, and married at nine: “Marriage before puberty (nine full lunar years for girls) is prohibited. Marriage contracted before reaching puberty with the permission of the guardian is valid provided that the interests of the ward are duly observed.”

        Article 1041 says nothing at all about puberty, or nine full lunar years, what it does state that that marriage is permitted once the girl has reached the age of consent

        To find out what is the Age of Consent you have to look under the section concerning guardianship. I could give link and Article #, but I will leave it up to you to find, you may just learn a little bit more about Islam

  12. Truth says

    Dec 7, 2014 at 8:11 am

    Prophet Mohammad was an evil child molester.

  13. Rebecca says

    Dec 7, 2014 at 10:42 am

    You are usually right on things, but what happened?. Marrying a seventeen year old is not the same as marrying a six year old. Unless they have changed the laws in America, teenagers here can get married. In some places down to the age of fourteen or so, depending on the state. Many of our grandmothers got married when they were younger than eighteen.

    • Mirren10 says

      Dec 7, 2014 at 10:49 am

      See my comment to Semeru.

    • somehistory says

      Dec 7, 2014 at 1:10 pm

      Some points that you seem to have over-looked:
      1. the law says no child marriage…the court said it could happen due to sharia practice by muslims and made the law invalid by stating if the girl reached puberty…which can come at different ages…or 15 years old…whichever comes first.
      2. there is in islam the practice of *marriage* between old men and very young girls…against the wishes of the child. It doesn’t matter to the child molesters that the little girl doesn’t want a *husband* who is fifty or more years older than she…and since the court said it could happen before 15 and at that age whatever…the nose of the camel is inside the tent
      3. muslims in the U.S. are pushing for sharia in the courts…they wish to be able to rape little girls like they do in muslim lands and now in India
      4. You cited U.S. law and *our grandmothers* as *reasons* to say Mr. Spencer is wrong this time.
      First on this point: There is no blanket law in the U.S. that governs age of consent…it is up to each State…however…it is the law that a child cannot be below the age of consent without a parent giving permission….and…really, really important…a parent cannot give permission for a child to be *married* no matter in which State they may reside.
      And as I pointed out to *Christy*…just because a wrong happens…such as grandmothers having been married off by their parents when they were children, or making that choice themselves for love or necessity is not a *reason* to allow dirty old men to rape….over and over until one of them dies…little girls. There have been, and will continue to be, numerous cases wherein old men raped the child to death on the *wedding* night.
      At least if a 17 year old in the U.S. wants to marry her 18 year old boyfriend, she is not being set up by her money-grubbing family.for rape on a daily basis by some dirty old man.

      • Rebecca says

        Dec 7, 2014 at 9:28 pm

        I don’t think Muslim marriage laws are the way to go. I think maybe this example is not a good one to make your point. A Muslim youth wanting to marry a seventeen year old girl, on the surface, doesn’t sound like much to be concerned about as far as the appropriateness of it. We have laws in this country, as far as I know, which state that it is legal for underage girls to get married. No one has ever legally forced anyone to get married underage, often they eloped, like at least two of my own relatives. The American couples I’m speaking of, wanted this, unless it was a shotgun wedding, and even then the marriage usually lasted. Nowadays, teenagers don’t bother to get married in order to have sex or to give a name to the child, so it is no longer a problem. We have replaced this problem with a much bigger one. A Muslim youth wanting to marry his sweetheart (is this possible?) sounds almost normal to me.

        • somehistory says

          Dec 7, 2014 at 9:51 pm

          Maybe it sounds *almost normal* to you. There is a much bigger issue here. The article is about the Indian Court, the Judge and his ruling in the matter. He didn’t just say something that would affect this one young girl and her *boyfriend.* The judge made a ruling that will affect any little girl who has reached the time when she can reproduce…have a child…which has been known to happen with very young girls who are raped…having a child when the one having the baby is still a child.
          There is no set age in which *puberty* is reached. It could be fifteen…or thirteen…or eleven. The judge said if the girl reaches this…or becomes fifteen. QUOTE: a Muslim girl, if she attains puberty or completes the age of 15 years, is “competent” to get married.
          If ….she …attains…puberty….she is *competent* …to …get…married. What makes her *competent*? Reaching her own personal age of puberty? And what if that is eleven?
          Once the Court rules, the verdict affects more than just the case being presented. Just like in this country. That’s why police have to read Miranda rights. That’s why the “Terry Stop” rule.
          Dirty old men, lusting after young girls have taken notice. It won’t stop with this girl marrying her boyfriend. And other girls won’t be given the choice of a boyfriend or an old man who has the money to buy them or in some other way forces a child to endure rape.

        • Rebecca says

          Dec 7, 2014 at 11:16 pm

          So you are saying this judge’s decision clears the way for child marriages?

        • somehistory says

          Dec 8, 2014 at 12:07 am

          What I’m saying is, in India, muslims will take advantage of the decision and ruling by the judge.
          If in this country, Warren Jeffs had not gone to jail for what he did in the *marriage* of young girls who were forced into the relationship with men, if the ruling in his case had been one of religion trumps U.S. Law in his situation, then muslims and others like Jeffs would be free to legally rape little girls. Even though Jeffs was the one on trial, every ruling affects more than the people in court in any particular case.

          So, if Indian Courts are anything like American Courts, with precedent being set, then there will be other cases of men taking little girls to rape and calling it *marriage.* They will find any who are…like the judge said…attaining puberty or having reached the age of 15…and will force them to be a daily rape victim.
          This is what the ruling by the judge said….if the child has attained puberty…or is 15. Puberty has no set age…so men will be free to force children into an adult relationship that even adult women wish to have a choice as to whether or not and with whom.

        • Rebecca says

          Dec 8, 2014 at 12:26 am

          The article wasn’t clear to me. Marriage to a girl in puberty or at age fifteen is too young. It sounds as if a seemingly nice case was brought forward to allow the icky stuff. The courts around the world are coming up with all kinds of crazy things. I have read, but haven’t verified it, that in Sweden incest is now legal.

        • somehistory says

          Dec 8, 2014 at 2:09 am

          Yes. It is the way of humans to take advantage, esp some when it comes to the law and what they can get past some judge. It is not unheard of that someone will use a case to affect something so much different than the original plaintiff had in mind. We shouldn’t be surprised if India has more, many more cases of children being forced into legalized rape.
          And I hope not about the incest thing in Sweden, but won’t be surprised…just disgusted…if true. We live in incredibly evil times.

  14. Eric says

    Dec 7, 2014 at 10:51 am

    The United Nations and Amnesty International need to fix the problems over there. Stop the raping, killing, plundering over there by their handful of tinpot barbaric dictators, and there is not need to bring everybody from over there to over here…a much more sensible solution. Of course, common sense doesn’t apply in politics.

    • Rebecca says

      Dec 8, 2014 at 11:47 pm

      I believe the U.N. is controlled by barbaric dictators who have no problem with Sharia law. And, Amnesty International is a Quaker organization and they don’t have a problem with this stuff either. Although they sometimes put on a good show. Some of the Quakers have been known to support BDS and others, while claiming to be peace lovers. Please do a couple of searches on either group and see what they are up to. It is sickening.

  15. Big Ang says

    Dec 7, 2014 at 6:55 pm

    Sick, Sick, Sick. Perverts!!!!!!! Evil.
    God will punish all of them for their
    perversion.

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