By Express News Service – KOZHIKODE Published: 22nd September 2013 08:13 AM
A co-ordination committee of various Muslim religious bodies in the state, with the support of top leaders of the IUML, has decided to approach the apex court, seeking an exemption from marriage age restrictions for girls in the community.
According to the newly-constituted Muslim Personal Law Protection Committee in Kozhikode, setting marriage age for Muslim girls is an encroachment of the Sharia Law, which does not suggest marriage age for women and hence the Muslim community should be exempted from the Prohibition of Child Marriage Act, 2006 and the Kerala Registration of Marriages (Common) Rules 2008.
Besides the IUML, the committee comprises representatives from Samastha Kerala Jem-iyyathul Ulama, Kerala Nadvathul Mujahideen, Naduvathul Mujahideen Kerala, Jamaat-e-Islami, Dakshina Kerala Jemiyyathul Ulama, Kerala State Jemiyyathul Ulama, Muslim Educational Society and Muslim Service Society. Samastha secretary Kottumala Bappu Musaliyar is the chairman of the committee, while IUML state secretary M C Mayin Haji and Samastha Employees Association general secretary Mustafa Mundoopara are the convenor and coordinator.
READ MORE HERE: http://newindianexpress.com/states/kerala/Muslim-bodies-to-approach-SC-on-marriage-age-limit/2013/09/22/article1797314.ece
My own view on this topic:
From US sources: Facts on American Teens’ Sexual and Reproductive Health June 2013 SEXUAL ACTIVITY •Fewer than 2% of adolescents have had sex by the time they reach their 12th birthday. But adolescence is a time of rapid change. Only 16% of teens have had sex by age 15, compared with one-third of those aged 16, nearly half (48%) of those aged 17, 61% of 18-year-olds and 71% of 19-year-olds.[1] There is little difference by gender in the timing of first sex. •On average, young people have sex for the first time at about age 17, [2] but they do not marry until their mid-20s.[3] This means that young adults may be at increased risk for unintended pregnancy and STIs for nearly a decade or longer. unquote.
Among Muslims age of sexual activity and age of marriage needs to be equal. Consequently age of marriage should follow the above factual age of sexual activity.
MARRIAGEABLE AGE
The beginning of the physiological cycles in a girl and nocturnal emissions in a boy are commonly believed to be their age of marriage. To the unfortunate Mullah, everything revolves around sex. A Hadith of Bukhari atrociously tells us that a girl can have Nikah (the marital contract) at 6 and the marriage can be consummated at age 9 since the exalted Prophet did that with Hazrat Ayesha! Is there any wonder that the West call him a child-molester? Why don’t then the Sunnah-peddlers “marry off” their daughters at 6 and 9?
Many countries set an arbitrary 16 years for the girl and 18 years for the boy. The Divine Wisdom enshrined in the Qur’an makes things so sensible. It sets up three rational criteria that take into account physical as well as mental maturity of the would-be bride and groom. The exalted Prophet did not violate the Glorious Book once in his life.
The Criteria:
1 -Sufficient maturity to grant consent.
2 – Ability to sign a solemn, legal contract.
3 – Competence to take care of one’s own finances.
4:19 O You who have chosen to be graced with belief! It is not lawful for you to force women into marrying or holding on to them in marriage against their will. —.
5:5 This Day, all good things of your choice are made lawful for you. …. And so are the virtuous, chaste women of the believers and the virtuous, chaste women …..
4:21 And how could you take the marital gift back from her after you have lived intimately with each other and after she has taken from you a very Solemn Pledge of the marital contract? (Meethaqan Ghaleeza).
4:6 Train and educate the orphans well and test them. When they reach the age of marriage and attain sound judgment, release their property to them. The marriageable age shall mean attainment of physical and mental maturity when one can express free consent and legally make a solemn contract (4:21). —-.
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Shabbir Ahmed, M.D.
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Regarding Hadhrat Aisha’s age at her marriage please refer to: http://www.themuslimtimes.org/2013/08/asia/of-aishas-age-at-marriage