Quran 65:4 and accusations of the kuffar.

There are two ways of determining buloogh (maturity/puberty).
A) Physical maturity

B) Maturity by age

According to Shariah, if a boy experiences Ihtilaam (wet dream) or has the ability to impregnate he will be regarded to be Baligh (mature). This is referred to as physical maturity. However, if a boy does not become physically mature by the age of 15, Shariah will consider him to Baligh from the age of 15.

A girl will be regarded to be Baligh (reach the age of puberty) if she experiences Haidh (menses) or she becomes pregnant. If she does not experience menses by the age of 15, she will be regarded to be Baligh and all the Laws of Shariah will apply to her. (Shaami Vol.6 Page 580 H M Saeed)

According to various classical scholars, a prepubescent can be involved in a marriage contract, but the marriage is to be consummated when she reaches puberty. If the ‘iddah for a prepubescent divorcee is three months (sūrah 65:4), then how come sūrah 33:49 says that there is no ‘iddah if the marriage isnot consummated?

In short, is there an ‘iddah for a divorced prepubescent or not? If there is, what do you say about sūrah 33:49? If there is not, what do you say about sūrah 65:4?

Answer

As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.

There are two āyahs under discussion. The first one is from sūrah al-Ahzāb.

يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا (الأحزاب: 49)

O you who believe, when you marry believing women and then divorce them before you have marital relations, then you have no ‘iddah upon them… (Qur’an 33:49)



The second āyah under discussion is from sūrah al-Talāq.



وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِنْ نِسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَ وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّ وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مِنْ أَمْرِهِ يُسْرًا (الطلاق: 4)

And those of your women who have passed the age of monthly courses and those who have no courses, if you have doubts, their ‘iddah is three months… (Qur’an 65:4)



The āyah in al-Ahzāb is stating that if a couple has not engaged in marital relations, then the woman does not have to observe an ‘iddah in case of a divorce. This is regardless of the age of the wife. On the other hand, the āyah in al-Talāq is discussing the ‘iddah of a woman in the case where the couple had engaged in marital relations. A prepubescent girl, with whom a marriage is not normally consummated, falls within the ruling mentioned in al-Ahzab.



At times, even though a girl reaches the age of maturity, she still does not menstruate due to certain medical conditions. However, because of her having reached maturity, she and her husband may have consummated the marriage. In the case of a divorce and the absence of menstruation in this scenario, she will observe an ‘iddah equivalent to three lunar months. This is the ruling mentioned in al-Talaq. Hence, there is no contradiction in rulings, as they discuss different scenarios.



And Allah knows best.



Mufti Abrar Mirza
Chicago, IL (USA)

Under the Supervision of Mufti Ebrahim Desai (South Africa)

If you look at the verse "and [also for] those who have not menstruated."
Two categories come to mind.
1) A child who has not started menstruating. The physical make up is a clear give away that she is a child or she is a minor by age.
2) A young girl who has not started menstruating. The physical make up is a clear give away that she is a woman around 15-17 years of age or in other words she has reached age of maturity. There is a phenomena called delayed periods in medical journals and it is completely normal.

What if a female is 14 and able to take part in intercourse, but hasn't seen menses as yet, can the marriage be consummated? What if in the past the female was 10, but is able to take part in inter course, but hasn't seen menses as yet, could the marriage be consummated?

This needs to he clarified.

Abu Muhammad do you agree with that, or Are you saying that once a female can handle intercourse, the marriage can be consummated even if she hasn't seen menses or reached 15?

Teacher in US school writes; I’m glad to see two classes devoted to safer choices and using protection. But wedged between all of the classes on abstinence vs. safer sex is the thing that makes me want to scream. It’s the class titled, “Impact of Pregnancy,” which is followed by “Adoption and Safe Delivery.” Period.

Apparently, “abortion” is like talking about Jesus or the Buddha — forbidden, as though it’s a form of proselytizing, instead of a fundamental health care option. American teachers are required to teach about abortion like they’re asked to teach about the fact that the United States was founded on genocide and slavery — you know, as though all of it didn’t even exist.

No person should be coerced or forced into carrying a pregnancy, especially a teen. No person should feel pressured to become a parent before they are ready, especially a teen. And no child should consider dangerous alternatives to safe abortion because abortion is unnecessarily stigmatized and increasingly hard to access.