2008-08-23

"The Prophet married Aaishah when she was six years old, and he consummated the marriage with her when she was nine"

Här nedan kan man läsa lite om bruket med barnbrudar och sexuellt umgänge med mindreåriga inom islam. Utifrån frågor som ställs till islamskt lärde och genom de svar de ger på vad som är lagligt (enligt sharia´n) och varför det förhåller sig så, kommer läsaren att förstå att bruket är religiöst motiverat och att det finner sin legitimitet i profeten Muhammeds exempel. Tro inget annat. De två exemplen är hämtade från internetsighten Islam Q&A och är för tydlighetens skulle något nerkortade.

"Question: I'm a boy of 26, and i have come to know a very nice girl, belonging to a very good family. I wish to marry her and to propose to her parents for this purpose. But the problem is that the girl is still a child, and only 13 years old, which makes her 13 years my junior in age. I wish to ask if its morally acceptable for me to think about her, be attracted to her and to propose for her in marriage. And do u think our relationship would be legitimate and socially and religiously acceptable with this age difference...."

"Answer: Praise be to Allaah. There is nothing wrong with your marrying this girl, even though there is this difference in age between you. What matters is that she should be religiously committed and of good character. These are what matters when it comes to marriage, and are the factors that lead to harmony and happiness in sha Allaah."

"The validity of marriage to a minor girl is proven by the words of Allaah (interpretation of the meaning): "And those of your women as have passed the age of monthly courses, for them the Iddah (prescribed period), if you have doubt (about their periods), is three months; and for those who have no courses [(i.e. they are still immature) their Iddah (prescribed period) is three months likewise, except in case of death][al-Talaaq 65:4]. So the iddah for those who do not menstruate because they are too young is three months, and iddah has to do with divorce after getting married, which indicates that the girls in question has been married and divorced."

"The Prophet (peace and blessings of Allaah be upon him) married Aaishah (may Allaah be pleased with her) when she was six years old, and he consummated the marriage with her when she was nine, and at that time he was over fifty. Al-Bukhaari (3894) and Muslim (1422) narrated that Aaishah said: The Prophet (peace and blessings of Allaah be upon him) married me when I was six years old and consummated the marriage with me when I was nine..."

"...If she has not reached the age of puberty, then her father has the sole right to arrange her marriage and does not have to ask her permission. Ibn Qudaamah (may Allaah have mercy on him) said: With regard to a virgin who is still a minor, there is no difference of opinion concerning her (i.e., that her father may marry her off even if she objects). Ibn al-Mundhir said: Every scholar from whom we learned was agreed that it is permissible for a man to marry off his virgin daughter who is still a minor, if he marries her to someone who is compatible, and it is permissible for him to marry her off even if she objects and refuses.? Al-Mughni, 9/398...."

Notera att det främst är profeten Muhammeds giftermål med Aisha som skänker detta bruk sin religiösa legitimitet. "In Islam, the Arabic word sunnah has come to denote the way Prophet Muhammad (saas), the Messenger of Allah, lived his life. The Sunnah is the second source of Islamic jurisprudence, the first being the Qur´an
. Both sources are indispenible; one cannot practice Islam without consulting both of them...."

Den andra frågan berör samma ämne men frågeställaren är här en mycket ung flicka; "I have not yet reached the age of puberty. Is it correct that a girl could get married before her menses start, or is that just a traditional myth".

"Answer: Praise be to Allaah. Firstly: Marriage to a young girl before she reaches puberty is permissible according to sharee´ah, and it was narrated that there was scholarly consensus on this point. "

"...In this verse we see that Allaah states that for those who do not menstruate because they are young and have not yet reached the age of puberty the iddah in the case of divorce is three months." This clearly indicates that it is permissible for a young girl who has not started her periods to marry. "

"Al-Tabari (may Allaah have mercy on him) said...
: The same applies to the idaah for girls who do not menstruate because they are too young, if their husbands divorce them after consummating the marriage with them. Tafseer al-Tabari, 14/142 2

Och så återkommer vi till profetens exempel det varje from muslim bör sträva efter att efterlikna; "It was narrated from Aaishah (may Allaah be pleased with her) that the Prophet (peace and blessings of Allaah be upon him) married her when she was six years old, and consummated the marriage with her when she was nine, and she stayed with him for nine years. Narrated by al-Bukhaari, 4840; Muslim, 1422."

"Ibn Abd al-Barr said: The scholars are unanimously agreed that a father may marry off his young daughter without consulting her. The Messenger of Allaah married Aaishah bint Abi Bakr when she was young, six or seven years old, when her father married her to him. Al-Istidhkaar, 16/49-50..."

Så för guds skull tro inte på de som förfäktar att bruket är kulturellt betingat och ingenting har med islam att göra. Barnbrudar och sexuellt umgänge med förpubertala flickor har i Islam funnit sin legitimitet i profetens exempel.

M.J

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