In 2016, the subject of the age of marriage has now become a heated debate. In our early history it was a common practice for marriages to be conducted at a young age.
At 15, Henry IV was the youngest King to father a child. The youngest queen regent to give birth was Mary II, who gave birth to a stillborn child in 1678, prior to her accession, when she was just 16.
The youngest mother to give birth to a monarch was Lady Margaret Beaufort, wife of Edmund Tudor, who was 13 when she gave birth to Henry VII. There are many more instances which can be quoted to substantiate that teenage marriage was the norm in early civilised societies.
The Holy Qur'an is the only Holy Scripture, of which I am aware, that specifically speaks about the age of marriage. In Chapter 4 Verses 5 and 6, it is stated: "And make not over your property, which Allah has made a means of support for you, to the weak of understanding and maintain them out of it, and clothe them and give them a good education. And test the orphans until they reach the age of marriage. Then if you find in them maturity of intellect, make over to them their property..."
Maulaana Muhammad Ali in his commentary further explains: "These words show further that the guardian is not only responsible for the education of the wards as pointed out at the end of last verse, but he is also required to examine them and see what progress they have made. According to Abu Hanifah, majority is obtained at 18 years, but if maturity of intellect is not attained at 18, the limit may be extended."
At the time of the Muslim Marriage and Divorce Act in 1935, Muslim girls were not encouraged to be sent to school, since the state did not recognise Muslim schools until 1942. Muslim girls were educated at home in the upbringing of their siblings, doing household chores, including cooking and washing, while their indentured parents were in the fields. As a result they were mature enough at the age of 12 to take on the responsibilities associated with the home hence the legitimacy of the age for marriage.
Today, the majority of girls in our society at the age of 18, having just left school, are far removed from the responsibilities associated with cooking, washing, household chores and the upbringing of children. In this respect, they are less matured that the 12 year old of the 1920s or 1930s. It is for this reason that I strongly advocate that the age of marriage and sexual consent be lifted to 21 years.
Imaam Iqbal Hydal,
Muslim Marriage Officer,
Felicity