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Child Marriage in Islam ? (2019-10-13)

## Description

This video explains how Islamic law forbids sexual relationships with minors and incapable people. It explains how there is a conflation in discourse between what is referred to as nikah (which doesn't necessitate consummation) and jimaa3 (sexual intercourse).

Summary of Child Marriage in Islam ?

*This summary is AI generated - there may be inaccuracies.

00:00:00 - 00:15:00

discusses child marriage in Islam, explaining that the Quran allows for marriage at a young age. argues that while there is potential for harm to the children involved, it is not always the case.

00:00:00 In Islam, child marriage is permissible if the couple has not had sex before and the woman is not pregnant. The couple must agree to the marriage and the man must be able to afford the woman's dowry. If the couple does not agree to the marriage, the man can divorce the woman without giving her money back.

  • 00:05:00 In Islam, child marriage is considered to be wrong because of the potential harm it can cause to the children involved. Some people believe that this harm can outweigh any benefits that may come from the marriage, and that it should not be allowed under any circumstances.
  • 00:10:00 explains that Islamic rules governing marriage allow for underage marriage, provided that there is no harm to the bride or groom. concludes that if it is not proven that all underage marriages harm the bride or groom, then it is conceivable that they might not be harmful.
  • *00:15:00 Discusses child marriage in Islam, and explains that the Quran allows for marriage at a young age, and that a girl can be divorced after she has been married for a short period of time.

Full transcript with timestamps: CLICK TO EXPAND

0:00:08 no no no when the pom-poms our son was
0:00:11 alive there was no need for anyone else
0:00:13 to be able to buy the finished you
0:00:32 realize an attempt on the discussion
0:00:46 that I'm a different person what I'm
0:00:48 saying to you
0:00:49 let me be clear 6511 your head yeah well
0:00:53 let me hide the ones who are never had
0:00:54 men straight before if we say that this
0:00:57 means what powers are premature freed I
0:01:00 have not had periods before yeah we can
0:01:03 accept this no problem
0:01:04 yeah I'll accept that purse at that
0:01:06 interpretation I'll say fine what does
0:01:08 it say in the verse that they can have
0:01:10 sex with the man it doesn't say that
0:01:12 I've SAT before the Quran max explicitly
0:01:14 clear in total no it says that if in the
0:01:20 Quran it says that if you have touched
0:01:22 her then you have if you have touched
0:01:24 her then you don't have to give her my
0:01:25 heart back in other words her dowry back
0:01:27 if you haven't touched her then and you
0:01:29 divorce her then you know you don't have
0:01:31 to get you give them a model back in
0:01:33 other words it's conceivable - excuse me
0:01:36 it's conceivable to marry and not touch
0:01:39 yeah and that is a form of marriage
0:01:40 which existed is actually not a marriage
0:01:43 it's a in vernacular term to refer to as
0:01:46 the contract of some sort so I'm saying
0:01:49 is it's not
0:01:55 yeah so I'm saying about sex exactly
0:01:57 thank you very much someone who
0:01:59 understands a little bomb fantasy so
0:02:00 here
0:02:01 yeah that's fine just leave em he says
0:02:05 chat he's a young he's a young man
0:02:06 obviously all the ladies are very
0:02:08 attractive very attractive okay so
0:02:18 having said that what I'm trying to say
0:02:20 is this is that so when the quran says
0:02:22 were lemme ahead this is that if we put
0:02:25 Jamar at Villa we'll put all the leaves
0:02:27 together which we have to tell apart the
0:02:29 same method then you'll find that the
0:02:32 Koran says yes the ones you who have
0:02:36 never had before you but it also says
0:02:39 hadith says Allah Allah Allah Allah
0:02:40 which is the high that which means you
0:02:42 can't harm or reciprocity which is the
0:02:45 principle that everyone uses to say that
0:02:47 you can't have intercourse work with
0:02:49 someone professional unable the second
0:02:51 thing they use is
0:03:05 [Music]
0:03:37 we had this discussion before that some
0:03:40 things are not like the Constitution the
0:03:43 Quran is like the Constitution and the
0:03:44 hadith is like the laws so what yeah you
0:03:48 need elaboration that's why I say to
0:03:50 kana load I actually made this argument
0:03:51 you're making I said that if you only
0:03:53 took a Quranic understanding then it
0:03:55 would be permissible for you to have sex
0:03:56 with minors we wait to get away from
0:03:59 that is to have hadith expire expansion
0:04:02 if you only took the Quran you're right
0:04:04 if the Quran was the only thing I have a
0:04:06 video on this with carnal owners if you
0:04:09 only looked at the Quran based on the
0:04:11 version of Quran 65 for it would be
0:04:13 permissible to have sex with minors but
0:04:16 what I'm saying is that we don't just
0:04:17 say Quran so we take ADIZ and as a
0:04:20 result of that because of the actions of
0:04:22 a prophet and he's saying that you can't
0:04:23 harm anyone the jurists have says for
0:04:26 example I've mentioned with dairy in his
0:04:27 book aliens off and his chapter of
0:04:29 Hadoop he mentions anyone who has sex
0:04:31 with someone who's under the age of
0:04:34 puberty yeah we merge there whipped so
0:04:39 another words they flogged in public now
0:04:41 there's a question is it the scholars he
0:04:43 said the humblest call is there
0:04:44 different some said that is they all
0:04:45 whipped and some say they're not with
0:04:47 the point is this is that why is he
0:04:48 talking about punishment in marriage
0:04:50 yeah so so this is something what I'm
0:04:53 saying is Islam is actually the only
0:04:54 religion and my understanding is first
0:04:56 of the Abrahamic religions which makes
0:04:58 it so explicitly clear that in fact
0:05:01 having intercourse with unable people
0:05:02 where would I be - or not by the way
0:05:04 because there could be someone who's a
0:05:05 mental mentally ill or by the way like
0:05:07 in the law now can I ask you a question
0:05:09 how I have sex of a 75 year old me yeah
0:05:12 it's legal but if I had I guarantee if I
0:05:15 have sex with oh sorry sorry but no from
0:05:17 me serve some more okay no sir you so no
0:05:20 no not me listen what I'm saying is what
0:05:23 is it illegal
0:05:24 no it's Haram though is Haram
0:05:29 what I'm saying is that the
0:05:33 one-size-fits-all policy of okay 1560 a
0:05:36 model I don't care about that I'm not
0:05:38 even against the age of consent but I'm
0:05:40 saying that they should be it should be
0:05:41 more nuanced look no problem I'm saying
0:05:45 it's more nuanced innocence I'm saying
0:05:51 that look in the day and age we live in
0:05:52 now I actually would I would put it to
0:05:55 you and I made this argument before of
0:05:56 Ali we said that look because there's
0:05:58 more than one factor would write as a
0:06:00 marriage that had control which means
0:06:02 ability it's a matter of issue had mr.
0:06:04 Walker if she had means scholarly
0:06:06 ability and to to the son just won't
0:06:15 forget
0:06:20 some places only needs exegesis and the
0:06:23 scholars come together and you said some
0:06:24 Arabic words and they come together in
0:06:26 it so I am asking over timing so at the
0:06:28 time of the Prophet obviously there
0:06:30 weren't huge schools of scholars there
0:06:33 were just hundreds and they should do as
0:06:48 well here's what here's what people that
0:06:51 understand here's what people are
0:06:52 understand about I just wanted to say to
0:06:54 you before his long assist you look
0:06:56 every environment is different okay
0:06:57 Islam is not the Islamic rule is not a
0:07:00 rock in the sense that it's unmarriable
0:07:01 unflexible and in the sense this there
0:07:05 is a degree of elasticity and that's
0:07:07 what our soul is all about is to see
0:07:09 okay what works well in this situation
0:07:11 what counts as harm in this situation
0:07:13 what counts as necessity in this
0:07:15 situation and the answers to that
0:07:16 question is different so for me now if
0:07:18 you if I bring someone my man
0:07:21 I say look we've go to a primary school
0:07:24 year six yeah yes sir five years ago we
0:07:28 have five year six yeah ten eleven year
0:07:30 olds yeah if we go to those ages and
0:07:32 I've shown you I promise you anywhere in
0:07:35 London anyway the UK or any of these
0:07:37 kids ready for marriage
0:07:38 absolutely not what the fingers are sick
0:07:40 mind you don't know but my name is
0:07:51 Manuel be honest yeah
0:07:52 all right so me a new wife the reason
0:07:55 why is this interest we would both say
0:07:57 that contradicts your ability yeah so I
0:07:59 would harm them yes okay anything that
0:08:01 harms or anybody is I'm not allowed
0:08:03 married yeah it's not allowed alright so
0:08:05 because the the Qaeda that we have which
0:08:08 is similar to our liberal fingers
0:08:13 women should join this is what I say to
0:08:15 you look this is what Porsche real
0:08:17 consequentialism yeah question why is it
0:08:20 wrong to have sex or one euro second for
0:08:43 now I'm sorry to say but we love Jesus
0:08:45 as well now we do it's the same person
0:08:49 what is it for now listen discussion all
0:08:56 right Baz message Jesus is that look if
0:08:59 it's you're saying it's wrong primarily
0:09:02 because of the harm the consequences of
0:09:04 it perfect I totally agree with you
0:09:09 right so all I'm saying is that if this
0:09:11 I love will call a positive reasoning
0:09:13 did not exist and it wouldn't be wrong
0:09:17 perfect so it's consequentially wrong if
0:09:27 you can ensure it something which is
0:09:28 partially wrong something which is
0:09:30 intuitively wrong is not always it's not
0:09:32 as always categorically wrong
0:09:34 now you can have something like let me
0:09:35 explain you could have something which
0:09:37 is intuitively wrong
0:09:38 what consequentially well you can have
0:09:39 something what it's consequentially
0:09:43 wrong which means it's the 1 because X Y
0:09:44 Z you can explain why right now I'm
0:09:48 saying that with that explanation I
0:09:50 agree with you if you don't have that
0:09:52 explanation I then we say it's not one
0:09:54 anymore therefore therefore therefore
0:09:56 I'm one positing to use a scientific
0:09:58 approach I'm saying to you that if the
0:10:01 person's age is 15
0:10:03 yeah it could be wrong depending on that
0:10:06 person if she's 16 it could be wrong I'm
0:10:11 Kimora Lee morally look if you've got a
0:10:13 16 year old I'm saying it could be wrong
0:10:15 yeah and it could be right yeah
0:10:17 depending on that person only just that
0:10:21 person themselves it could be it could
0:10:24 be wrong could be wrong right depends on
0:10:26 what the variable depends what if it
0:10:28 harms them or not what legal is a
0:10:33 different story that's a different
0:10:35 reason
0:10:38 no problem in this case that's in this
0:10:42 country by the way yeah 14:12
0:10:47 yeah no problem so having said one
0:10:49 person exactly no problem so what I'm
0:10:52 saying to you is this is that if you say
0:10:55 it's wrong because of your hum factor
0:10:57 yeah yeah yeah perfect yeah I'm saying
0:11:00 to you I agree with you look Islamic
0:11:02 roots of you yeah Islamic rules of you
0:11:03 so I'm saying so long as that cause is
0:11:05 not there no more then we can't say it's
0:11:08 wrong no society is decided like you
0:11:20 said because if you really think about
0:11:25 that hey you know when did this change
0:11:27 it changed my it 29 yeah yeah when you
0:11:29 had the Marriage Act change before 2012
0:11:32 too
0:11:34 women didn't venture right anyway into
0:11:36 no problem
0:11:37 but the point is here's what I'm saying
0:11:40 to you before the age of 40 year 1929
0:11:42 before that parrot a legal paradigm
0:11:44 shift no no it was 12 years old yeah if
0:11:47 you look at the Marriage Act 1929 with
0:11:49 12 years old before that time what I'm
0:11:52 saying to you is that was it the case
0:11:53 that all women that were having
0:11:54 intercourse at that age were harmed
0:12:01 correct
0:12:02 it's just there's no need for that you
0:12:04 can't prove the opposite no the burden
0:12:07 of proof is on the one who's making the
0:12:08 claim yeah I'm making it that you're
0:12:10 asking the question were they all
0:12:12 damaged and I would say okay um not
0:12:14 maybe some ridiculous you're still
0:12:34 thinking ease quickly no no I'm not
0:12:38 saying that I've all I'm saying to you
0:12:39 look if you get an 11 year olds
0:12:41 testimony at the in the know but then if
0:12:52 you're saying no no problem but if
0:12:55 you're saying that is the case that
0:12:56 there was a wide-scale epidemic harm of
0:12:59 women because of that or men for them
0:13:01 are you know what you have to finish
0:13:06 this point the point is that this is and
0:13:17 one thing is you can't possibly prove
0:13:20 all women under the age of 16 are
0:13:22 definitely not having said that if you
0:13:25 go to what you have to do is a story and
0:13:27 then this is I'll let me give you
0:13:29 someone and you mind if I just finished
0:13:33 the sentence please
0:13:35 right now I just have me finish the
0:13:37 sentence then you can say what you want
0:13:38 what I'm saying is this is that if you
0:13:41 wanted to do a historical project which
0:13:43 is done in many universities in London
0:13:45 in the UK in the US and in the Western
0:13:47 world the effect of let's say preteen
0:13:51 marriage yeah for the sake of argument
0:13:53 the effects a preteen marry pre teen
0:13:55 marriage on women or girls or whatever
0:13:58 on females mutual language no no just
0:14:09 let me finish something and you would
0:14:11 have to like what I'm telling you what
0:14:13 you would do academically you do you'd
0:14:14 make good
0:14:16 no I'm giving an example right so you'd
0:14:20 have something like the effects of
0:14:21 preteen marriage on X Society and go on
0:14:25 females and exercise from a from time x6
0:14:28 time why then you have to go and get
0:14:30 micro historical reports of like diary
0:14:31 entries err I'm also her harmed and
0:14:34 wherever now I'm saying to you if you
0:14:37 can produce this evidence and actually
0:14:39 take it to consideration account that's
0:14:43 the point
0:14:43 that's impossible right exactly
0:14:45 brilliant so we're come to conclusion
0:14:47 now so if it's not all then it's
0:14:49 conceivable possibly that a thousand
0:14:51 years ago that attended nine ten year
0:14:53 olds would not be harmed in these ways
0:14:55 that's that's what I'm saying that's
0:14:58 always aim
0:15:48 okay guys ready okay
0:15:53 the Prophet was married I should have
0:15:56 Cynthia okay before the Prophet cosmic
0:15:59 marriage at 9 it is no problem we want
0:16:03 to make her gets a big 8 you know 7 huh
0:16:06 yeah okay okay okay now we believe we
0:16:17 believe we're support this is very easy
0:16:22 it's the Prophet because I saw at the
0:16:25 age of seven this brothers you can see
0:16:29 in action right because firstly the for
0:16:31 marriage contract secondly the Prophet
0:16:33 divorced her before she was menstruating
0:16:35 yeah so there's no argument here that
0:16:38 the Quran says that you can mate
0:16:44 he's been freedom he's going through
0:16:47 other scholars at Huntsman unsealed you
0:16:49 very clearly the prophets marriage -
0:16:50 Aisha you know where he says the inter
0:16:52 period for a girl that's not
0:16:53 menstruating argument okay
0:17:28 the Prophet married I shot at 6:00 and
0:17:31 he consummated at night if we believe
0:17:34 that she started means to another area
0:17:35 it's the public divorce turn at the age
0:17:38 of seven she is a woman that's been
0:17:40 divorced dies Norman's treating they
0:17:43 said his cross
0:18:05 yeah
0:18:33 so what seems lunar but you guys are
0:18:36 trying to see that ones thank you guys
0:18:41 very much so in the Quran it says that
0:18:44 will reward and it's led by Jose
0:19:06 so understand you can
0:19:21 [Laughter]