freediver wrote on May 18
th, 2014 at 8:56am:
True Colours wrote on May 17
th, 2014 at 12:46pm:
moses wrote on May 17
th, 2014 at 11:03am:
12 years old?
Aisha was 6, and according to muslims, was psychologically and physically mature enough to enter into a matrimonial contract with muhammad
This is incorrect.
In Islamic law any contract, such as marriage, can only be entered into by adults.
The marriage does not become valid until both parties reach adulthood.
Talmudic Judaism, on the other hand, permits sex with 3 year-old girls.
Christianity doesn't even seem to have an age of consent at all. Perhaps this is why it in some cases it is legal to have sex with a girl has not even reached puberty in Australia today. No marriage, no puberty, but legal! Christian values eh?
Christians have been all over the place on the age of consent. Just look at the US:
Quote:In 1880, the age of consent was 10 in most states but ranged from 7 in Delaware to 12 across nine states and the District of Columbia.
http://en.wikipedia.org/wiki/Ages_of_consent_in_North_America
In the Vatican it was legal to have sex with a girl or boy who had not reached puberty until just last year!
http://www.gaystarnews.com/article/vatican-city-raises-age-consent-12-18-followi... Would you mind citing the verses where Muhammed establishes an age of consent?
I could post he evidence but it is quite complicated, and I doubt that you would understand it so here is a brief summary.
Islam orders the prevention of harm or injury to innocents. Thereby, Islam prohibits sexual conduct that would be injurious - not having sex with a child would be included in this principle.
When it comes to Islam sex outside of marriage is viewed as forbidden. Therefore consent is only given in the context of marriage.
In Islam, marriage is a contract.
However, the marriage contract is sealed by the consummation of the marriage, so that the marriage contract remains in a suspended state until the consummation. The consummated marriage has different legal status to the unconsummated marriage - this is a big difference to Australian custom which places little emphasis on the legal status of consummation or pre-consumptual marriage.
When it comes to marriage, Islam technically permits the contract to in effect be drawn up when either party is a child. But that contract does not come into full effect until later at the time of consummation.
In Islam, a contract is only valid between two consenting adulthood parties. Therefore, a marriage contract can only be sealed with consummation when both parties have achieved adulthood. The marriage in Islam is only considered valid if there is consent.
In Islamic contract law, an adult agent can act on behalf of a child in order to give consent to a contract in normal business transactions. However, marriage is different because the consent of the bride has been stipulated as necessary to validate the contract:
Quote: "A previously married woman cannot be married until her order is sought and a virgin cannot be married until her permission is sought.
- Bukhari
Quote:"...a virgin girl came to the Prophet [peace and blessings of God upon him] and mentioned that her father had married her against her will, so the Prophet gave her the choice (of whether to annul the marriage)."
- Abu Dawood, et al.
Islam has rules about testimony being valid from adults. Therefore how can a child give their consent?
The completion of the contract through its consummation can only be fulfilled by two consenting adults.
Islamic scholars have set the default age for adulthood at 14 years in the Arab/African context, although this may be raised to 15 in European or Asian cultures.
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