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In the Name of God بسم الله

Child/infant marriages

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  • Advanced Member
1 hour ago, Muhammad Al-Hurr said:

rulings pertaining to sexual intercourse are more strict in comparison to other forms of sex. 

All sexual acts leads to sex, there is no such thing as other “forms” of sex in reality besides oral sex so all the other stuff are under foreplay which will lead to sexual intercourse thus thighing and whatever else is in reality haram concerning this particular topic since it will lead to sexual intercourse. 

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On 1/25/2021 at 2:16 PM, AdinAnikas said:

then why is this allowed by ayatollah khamenei, he said its allowed even with a suckling infant

In Iran, girls can marry at the age of 13 and boys at the age of 15.

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In the year 1395 (March 2006-March 2007), the average age of first marriage in Iran was 27.4 for men and 23 for women, up from 24.1 for men and 19.7 for women in 1355.

The average age of first marriage for urban women was 20.2, and for rural women 19.1 in 1355, while it changed to 23.4 for urban women and 22 for rural women in 1395, the report added.

While the overall averages have increased, it is interesting to note that the average age difference between men and women has stayed roughly unchanged (4 years and 4 months) since 1976.

https://www.tehrantimes.com/news/424338/Average-marriage-age-in-Iran-increased-by-3-years

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The international human rights system has identified any marriage before the age of 18 as forced marriage or a harmful traditional practice which should be eradicated mainly through legal reform. In many legal systems, the minimum age of marriage is still below 18. In Iran, girls can marry at the age of 13 and boys at the age of 15. Thus, the issue of early marriage has been a point of struggle between the international human rights system and Iran.

https://academic.oup.com/jhrp/article/11/3/569/5652057

:salam:

currently the marriage as suckling infant in Iran is a myth  and propaganda which the rulling of Imam  Khomeini  (رضي الله عنه) was a fatwa based on hadiths that at that time of narration  of haditgh the child  marriage  was a normal  tradition  but in other hand both of Imam Khomeini (رضي الله عنه) & Imam Khamenei approve the Civil law about marriage so the marriage under 13 years old for girl is not approved  by them.

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In civil law, before the Islamic Revolution of Iran, the law was like this.
Article 1041: (Female marriage before reaching the age of 15 years and male marriage before reaching the age of 18 years are completely prohibited. But in situations for some reasons with offering of lawyer and approvement of court , It is possible that exceptionally  the exemption of age condition is granted, but in any case this exemption cannot be given to females who are less than 13 years old and to males who are less than 15 years old.
In order for this legal article to be enforceable and for individuals not to marry below the legal age due to their common social custom or other reasons, another article had been approved. Contrary to the provisions of Article 1041 of the Civil Code, if she has intercourse with a person who has not yet reached the legal age for marriage, she will be sentenced to 6 months to 2 years of disciplinary imprisonment. A year of disciplinary imprisonment is sentenced and in both cases, in addition to imprisonment, he may be sentenced to a fine of 2,000 to 20,000 riyals. The punishment of the couple from 5 to 10 years is imprisonment with hard labor, and if it leads to the death of the wife, the punishment of the couple is permanent imprisonment with hard labor. The punishment will impose on everyone that has any share in crime same as  the deputy of the crime .

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It should be noted that in 1381, the marriage of children under 13 and 15 years of age was not banned at all, but the legislators, in order to obtain the opinion of the Guardian Council, prepared the text of the article as follows:
The marriage of a girl before reaching the age of 13 full solar years and a boy before reaching 15 full solar years is subject to the permission of the guardian, provided that it is expedient and at the discretion of the competent court. ٝ

https://parsaylawyers.com/قانون-درباره-سن-ازدواج-چه-می-گوید/

https://www.yjc.ir/fa/news/6862445/حداقل-سن-ازدواج-در-کشور-چندسال-است

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First, it is amply clear that the classical shari’a among all Sunni schools of thought sanctions marriage at puberty, which is assumed to be age nine for girls.  Some schools require the girl’s consent, some do not, some allow the father to contract the marriage before nine but then give the girl an opportunity to repudiate the contract before nine (known as khiyar al bulugh, or the option at puberty), but I’m not sure precisely what all of this is about when you are talking about a nine year old in our times.  Or so I thought. 

http://muslimlawprof.org/2008/06/child-marriage-and-the-sharia/

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The preceding discussion attempts to explain that, as aptly put by al-Azhar al-Sharif, the highest religious body in the Sunni world, “Marriage in Islam is regulated by certain rules, namely, children must reach puberty and maturity so that they can get married.” Here, no specific age limit has been fixed by Islam.

https://www.nationthailand.com/opinion/30207588

Capacity for Marriage
The general essentials for marriage under Islam are as follows:-
(i) Every Mahomedan of sound mind and having attained puberty can marry. Where there is no proof or evidence of puberty the age of puberty is fifteen years.
(ii) A minor and insane (lunatic) who have not attained puberty can be validly contracted in marriage by their respective guardians.
(iii) Consent of party is must. A marriage of a Mahomedan who is of sound mind and has attained puberty, is void, if there is no consent.

Essentials of Marriage
The essentials of a valid marriage are as follows:-
(i) There should be a proposal made by or on behalf of one of the parties to the marriage, and an acceptance of the proposal by or on behalf of the other party.
(ii) The proposal and acceptance must both be expressed at once meeting.
(iii) The parties must be competent.
(iv) There must be two male or one male & two female witnesses, who must be sane and adult Mahomedan present & hearing during the marriage proposal and acceptance. (Not needed in Shia Law)
(v) Neither writing nor any religious ceremony is needed.

http://www.legalserviceindia.com/article/l162-Concept-of-Marriage-in-Muslim-Law.html

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The office of the Imam of Al Azhar is considered the highest authority in Islamic law for Sunni Muslims, who account for around 75% to 90% of all Muslims globally.

The fatwa is a huge milestone in the fight against child marriage in Africa. According to the Africa4Girls website, 39% of girls in sub-Saharan Africa are married before their 18th birthday, and 13% before their 15th birthday.

According to the fatwa, both girls and boys must be 18 years old to get married; any marriage at a younger age is forbidden.

“Marriage in Islam is based on the consent of both parties, especially the girl...the minimum age required for consent is 18 years old,” the deputy grand Imam said.

 

https://www.globalcitizen.org/en/content/end-child-marriage-sunni-islam-africa4girls/

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