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Mehdi Hassan: Nothing Islamic About Child Marriage

child bride

British Muslims should stand up and say it: there is nothing Islamic about child marriage

by Mehdi Hassan, New Statesman

(H/T: Sarah Brown)

This is a column about Muslims and child marriage. I hesitated before writing it. When I pointed out the prevalence of anti-Semitism and homophobia within British Muslim communities earlier this year, I was accused by some of my co-religionists of “selling out”, of “fuelling Islamophobia”.

I understand their annoyance. Why give the racists and bigots of the Islamophobic far right yet another stick with which to beat us?

The problem is that this particular stick is already in their hands. Child, or underage, marriage is very much a part of British society. And the inconvenient truth is that it is Muslims – not Christians, Jews or Hindus – who are responsible for much of it. There is no point pretending otherwise. Nor is it morally tenable to stand idly by as young girls in the UK are forced into marriages before they are physically or psychologically ready, against their will and against the law.

First, a bit of background. The legal age for marriage in Britain is 16. Yet, back in October, I watched ITV’s “Exposure” documentary, Forced To Marry, in which two undercover reporters, posing as the mother and brother of a 14-year-old Muslim girl, called 56 mosques across Britain to ask whether they would perform the girl’s marriage. Shamefully, imams at 18 of those 56 mosques – or one in three – agreed to do so.

The imam of a mosque in Manchester was secretly recorded as saying that performing such a marriage would “not be a problem”. An imam in Birmingham, despite being told that the girl didn’t want to get married, could be heard saying: “She’s 14. By sharia, grace of God, she’s legal to get married. Obviously Islam has made it easy for us . . . We’re doing it because it’s OK through Islam.”

Let’s be clear: two-thirds of the imams refused to perform such marriages, with many making it clear they “found the request abhorrent”. But here’s the issue: a third of them didn’t. A third of those imams hid behind their – my! – religion: “We’re doing it because it’s OK through Islam.” Frustratingly, many Muslim scholars and seminaries still cling to the view that adulthood, and the age of sexual consent, rests only on biological puberty: that is, 12 to 15 for boys and nine to 15 for girls.

It doesn’t have to be this way. As is often the case, there is no single, immutable “Islamic” view. As Usama Hasan, a reform-minded British Muslim scholar and former imam, argues: “There was a rival view in Islamic jurisprudence, even in ancient and medieval times: that emotional and intellectual maturity was also required, and was reached between the ages of 15 and 21.” The latter view, he tells me, “has been adopted by most civil codes of Muslim-majority countries for purposes of marriage”.

The Quran does not contain a specific legal age of marriage, but it does make clear that men and women must be both physically mature and of sound judgement in order to get married. It is also worth clarifying that Prophet Muhammad did not, as is often claimed, marry a child bride named Aisha. Yes, I’ll concede that there is a saying in Sahih Bukhari, one of the six canonical Hadith collections of Sunni Islam, attributed to Aisha herself, which suggests she was six years old when she was married to Muhammad and nine when the marriage was consummated. Nevertheless, there are plenty of Muslim historians who dispute this particular Hadith and argue Aisha was in reality aged somewhere between 15 and 21.

This isn’t a case of “liberal” Muslims v “conservative” Muslims, either. Even the much-maligned Muslim Council of Britain has said it is “strongly opposed to [underage marriage] on the basis that it is illegal under the law of the land where we are living and even under sharia it is highly debatable”.

Indeed it is. Afifi al-Akiti, an Oxford-based theologian trained in traditional Islamic madrasas across south Asia and North Africa, tells me that the vast majority of classical scholars throughout Muslim history agreed on a minimum marriage age of 18 – two years older, incidentally, than secular Britain’s current age of consent.

So, how to explain the view of a third of the imams contacted by ITV? The influence of Saudi Arabia, and its decades-long export of a reactionary, retrograde brand of Islam, cannot be ignored. The damage that has been done to a nascent British Islam by pre-modern, Saudi-inspired, literalist dogma is incalculable. Consider this: in 2011, when the Saudi ministry of justice announced it might prohibit marriages involving girls under the age of 14, Sheikh Saleh al-Fawzan, one of the country’s most senior clerics, issued a fatwa to allow fathers to arrange marriages for their daughters “even if they are in the cradle”. To call such a mindset outdated or medieval would be a gross understatement. It’s an endorsement of paedophilia, plain and simple.

It is also an apt reminder of why most countries, including most Muslim-majority countries, have minimum ages for marriage codified in law: to deter adults from exploiting children and to protect the most innocent members of our society.

“We have a moral duty to obey the law of the land,” says al-Akiti. For adult men to try to marry young girls is illegal and immoral. But British Muslims have a special responsibility: to make the case that there is nothing Islamic about underage marriage, either.

Will this column be used by EDL-types to further their pernicious, anti-Muslim agendas? Maybe it will be, but I can’t stay quiet. I’m the father of two young girls. When I hear of forced, underage marriages being carried out in the heart of major British cities, I think of my own daughters. And I feel sick.

This is 2013. Not 613. Or 1813. Child marriage is a form of child abuse. It must be stopped.

Mehdi Hasan is a contributing writer for the New Statesman and the political director of the Huffington Post UK, where this column is crossposted.

Related:

Is Child Marriage a Muslim Problem?

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  • http://www.loonwatch.com/ Ilisha

    Are you going to “infuse some sense” in me by insisting I not state facts you dislike?

    The point was not to “blame someone else” anyway. The reason for pointing out this context is clearly stated:

    “Loons often attribute child marriages exclusively to Muslims, but….

    Child marriage is NOT exclusive to Muslims. That was the point. And that is a FACT, whether you like it or not.

  • http://www.loonwatch.com/ Ilisha

    I’ve investigated a bit more, and I think Mehdi Hassan is in fact sincere. I certainly wouldn’t dismiss him as a sellout. Also, I’ve found at least one very compelling reason to lend him our support: Mehdi Hassan is a target over at HP:

    Mehdi Hasan Exposed. Part I

    http://hurryupharry.org/2009/07/24/medhi-hasan-exposed-part-i-%E2%80%93-atheists-and-disbelievers-are-%E2%80%9Ccattle%E2%80%9D-and-%E2%80%9Cof-no-intelligence%E2%80%9D/

    Anyone who’s landed in their crosshairs can’t be all bad. :)

  • http://www.loonwatch.com/ Ilisha

    Melanie Phillips is quite horrible. No better than Pamela Geller. Red flag.

  • Amro

    I’m not ‘arguing’ anything. I’m condemning media attitudes to Muslims.

  • Friend of Bosnia

    All right. I’ll read up on it. As I said, our Prophet (saws) was a good and kind-hearted person.
    However, as for giving women a right to choose their spouse. Yes, Muslim law and doctrine do so state. But the patriarchal society inherited from the Jahiliya tries (sometimes with more, sometimes with less success) to subvert that. Sadly. At least, in my wife’s family in North africa, and quite conservative Muslims too) they love their daughters very much. I know none is, or was forced into marriage.

  • Seeker

    That sounds plausible.

  • Seeker

    Neither was it shocking that Shakespeare set Juliet’s age somewhere around 13. And Lady Capulet was already a mother by this age.
    Now I see why people did not have problem with the age of Aisha (ra) until the last century, as Dr. Brown states.

    I can accept Aisha (ra) being 9 years. If she states that was her age, I don’t see why it’s a problem.

    What I find absurd is the haters who take this one hadith to state that the messenger (saw) married a child and totally ignore every other hadith that indicates her maturity. Getting Dawkinish there.

    I also find it cruel when Muslims take the 6 and 9 year to be the set standard and force children (since they are children in today’s time) into child-marriages when it should be obvious that the girl has not yet attained the maturity required to build a family.

  • Seeker

    “I think it was more like a father-daughter relationship.” No. It was not like that. Not from the hadith narrated by Aisha(ra) herself. It was very definitely a husband-wife relationship and the highlight of their marriage was love.

    “Actually I have always believed that in the beginning Islam also was about giving women rights, like to have property and to choose their spouse by themselves. ”
    Still is. The principles of Islam remain the same.

  • Seeker

    I think you missed the point I was trying to raise. Why does a ‘disapproving community’ have to figure into a person’s choice of ending a marriage. Why is the responsibility-free boyfriend deal a better option than marriage ?

    Also, just about every person seems to have an arbitrary ideal on what the right age should be, quite possibly based on that individuals personal experience which is hardly a valid criterion to set a standard.

  • http://www.loonwatch.com/ Ilisha

    Agreed. This is about double standards, not justification.

  • Seeker

    “…child marriage is more common in Hindu India than it is in any Muslim country..”
    True. You’re not saying it is acceptable. And yes, the mainstream media often shys away from discussing the same problem affecting other cultures.
    My point is, as a Muslim, that is still not a valid argument.

  • Guess

    I agree, up to now at least there’s no need for Muslims to be hard on him since I think his heart is in the right place. But it think it is also a matter of style of how one present his/her criticism, the best way being understanding, and sensible, as well as nonjudgmental especially when dealing with a community that already feels under siege from all sides. Overt generalisation, and wagging the finger in paternalistic manner as if addressing bunch of five years old is what the Muslim community get from imperialist warmongers and their hatemongering Islamophobic supporters alike. So it is perfectly understandable that they will not accept this sort of behavior especially coming from someone they trust. As for Melanie Phillips, yuks, I don’t why he would even give a time of his day tweeting with a leading British Islamophobe.

  • http://www.loonwatch.com/ Ilisha

    Hassan has been responding to criticism on Twitter, mostly in an exchange with Assed Baig. I don’t want to be too hard on him, because criticizing Muslims when they’re feeling under siege is always going to be controversial.

    Where is the right balance? If there is too much criticism and capitulation, there is the risk of being branded a “sellout.” If there is too little criticism, it fuels the notion Muslims can’t take any criticism from others, and won’t indulge in any self criticism either.

    I do think Mehdi Hassan is sincere, and trying to play Goldilocks. But it’s not unreasonable to point out, in my view, that his article does:

    …reinforce the politics of suspicion, ie, demanding condemnation for things most Muslims in the UK are not doing….

    I also have a hard time understanding why Mehdi Hassan is retweeting Melanie Phillips. That’s just bizarre.

    Even if you follow someone like her on Twitter to see what she’s up to (I follow Irshad Manji, but not because I support her), to retweet? I’m new to Twitter and seem to have stage fright to overcome, but I’m pretty sure there are no circumstance under which I would “retweet” something from the likes of Melanie Phillips and her ilk–unless I added some disapproving comment.

    He was just retweeting a link to an article, and I didn’t object to that particular article. But it’s the principle. She’s a confirmed loon.

    That’s just one example. He is a mixed bag.

    What’s up with Mehdi Hassan? I’m not quite sure. I support him, but with reservations.

  • Guess

    I didn’t want to make hasty judgements about Mehdi’s article, but it did seem to me since I’ve read it a bit too generalizing and sensationalist. And you’re right, the opposing article you’ve linked have some good arguments against it.

  • http://www.loonwatch.com/ Ilisha

    I posed the same earlier. :) I disagreed with parts, but agreed with some of it as well.

  • The greenmantle

    I did wonder what question was actually asked of the Imams . What is not made clear in the above account is that marriage in a mosque is not legally valid in the UK you have to have a civil wedding . Many mosques ask for the civil wedding to be carried out first . I suspect some of Imams not wanting to have an argument with one of their constituents just replyed if you get a civil certificate first we will be glad to marry your daughter or son . They would know that when an application was made to the local registery office the perants would be shown the door very quickly and maybe a refferal made to social services :-)
    Sir David

  • The greenmantle

    “(Note: it is well known that MANY hadiths are not authentic, doubtful, and some even fabricated).

    Ah there in lies the problem
    On whose adgenda is the choice about authentic , doubtful or fabricated based . As it is obvious all scholars do not agree otherwise why are there 5 schools of jurisprudancei
    Sir David

  • The greenmantle

    not only that as this song demonstrates

    Sir David

  • http://www.loonwatch.com/ Ilisha

    An interesting (I thought) opposing view:

    Mehdi Hasan is fuelling Islamophobia

    …He makes a number of spurious claims about Islamic scholarship and its positions on these issues, which is foolish because both Muslims and hostile non-Muslims know that they have no basis to them, while they reinforce the politics of suspicion, ie, demanding condemnation for things most Muslims in the UK are not doing….

    http://www.5pillarz.com/2013/11/25/mehdi-hasan-is-fuelling-islamophobia/

  • Jekyll

    Personalized brothels, blackmailing poor laborers, religious hypocrisy…the Saudi Royal family are running out of time, respect and oil.

  • Friend of Bosnia

    Sounds very plausible to me.

  • Friend of Bosnia

    Of course. As the Arab saying goes: “Nothing good ever came out of Najd”

  • Reynardine

    As stated in the dialog between Winston Smith and O’Brian, his torturer, the only way you can truly be sure you have power over another is by making him (or her) suffer.

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