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Thursday, October 24, 2013

Fathwa, - Marrying a young girl does not mean permissibility of having intercourse with her

Question
Al Salam alekum, I was in debate in Islam and there was question
regarding the answer to the following translation of the Quran from
Al_Tabari Al-Tabari )may Allaah have mercy on him( said: The
interpretation of the verse "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". He 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. that the last comment )He 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. "( they conclude the meaning in having `Iddah after having
intercourse with minor girl who did not reach the age of puberty. by
highlighting the words )consummating the marriage( can you explain it
please. thanks.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad,
is His Slave and Messenger.
Giving a young girl in marriage is something permitted in Islam. We
have previously pointed that out in Fataawa 88199and 116746. Praise be
to Allaah, there is no ambiguity in the opinion that
ImaamAt-Tabarimentioned. That is because if the young girl is not able
for intercourse, then it is not permissible for her guardian to give
her to her husband until she becomes able for it. If her husband
divorces her before consummating marriage with her, then there is no
'Iddah )i.e. waiting period( and thus she is not included in that
verse; rather, she is included in the saying of Allaah The Almighty
)which means(: }O You who have believed, when you marry believing
women and then divorce them before you have touched them, then there
is not for you any waiting period to count concerning them. So provide
for them and give them a gracious release.{]Quran 33:49[
However, if she is able for intercourse and her husband asks for her,
and she was given to him, and he had intercourse with her and then
divorced her, then 'Iddah will be obligatory upon her.
Allaah Knows best.

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