Morality
| Fatwa #1091 | Category: Aqaaid (Beliefs) | Country: Canada | Date: 17th February 2025 |
| Fatwa #1091 | Date: 17th February 2025 |
| Category: Aqaaid (Beliefs) | |
| Country: Canada | |
Question
According to Sharia I have read it is permissible to consummate a marriage if the minor/young wife has not reached puberty:
The permissibility of consummating a marriage with a girl is based on her physical strength and not on her age. If consummating the marriage will be injurious to her health then it will not be permissible to do so, although she may have reached the age of puberty. However, if consummating the marriage will not be injurious to her health then it will be permissible to do so, although she may have not reached the age of puberty. (Hashiyya Ibn Aabideen, vol 3, pg 204, HM Sa’eed)
I have read today that this requires conditions which generally are not met today and it is thus not allowed by most scholars. However I do find the idea abhorrent and immoral. Thus am I sinful or doing kufr? for believing its immoral?
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
The issue with man made morality is that it is subjective and bound to change with the times. Todays good may very well become tomorrows evil. Societies and customs evolve, and with that, ideas and mindsets change. There is no problem in thinking that something is more practical today given the new circumstances, but that gives one no authority to accuse those of the past of immorality.
This is the reason we believe in divine morality. A set of objective truths that will ring true throughout time. Almighty Allah is All Knowing and All Wise. It therefore follows that His law which is to be in effect till the day of judgement caters for all times and places.
The fact of the matter is that we as Muslims have an inferiority complex due to the influence of the west and let them dictate our morals to us. It is well known that these same countries which say that marriage at a supposedly low age is immoral have no qualms with sexual intercourse occurring between individuals of those very same ages. This clearly outlines the problem with man made morality as the double standard becomes very clear. Man is unable to draw a line, therefore we will stick to the Shari’ah which has rightfully stipulated puberty as a benchmark for laws to be applicable.
As for what you have quoted from Hashiya Ibn Abidin, the same page outlines the most correct stance to be that the Qadhi has the final say, to the extent that even a baaligh woman not fit for consummation will not be handed over to the husband for consummation. This therefore shows that the health and well being of the woman is the priority of the Qadhi.
As for your actual query, it is near kufr to believe that a divinely prescribed law is immoral in nature as this would mean one is challenging the notion that Almighty Allah is All Knowing and All Wise. Therefore, we offer the above explanation to help you understand the fallacy of man-made morality.
The same western man-made morals dictate that there is no problem with incest between parent/children or siblings provided it does not result in offspring. This once again shows why divine morality is the only objective truth.
And Allah Ta’āla Knows Best
Mufti Bilal Pandor
Concurred by
Mufti Nabeel Valli
Darul Iftaa Mahmudiyyah
Lusaka, Zambia