Bismihi Ta`ala
*THE EVOLUTION OF MAN AND WOMAN.
* Throughout time, there has been evolution of the physique of human being:
عن أبي هريرة رضي الله عنهعن النبي صلى الله عليه وسلم قال خلق الله آدم وطوله ستون ذراعا ثم قال اذهب فسلم على أولئك من الملائكة فاستمع ما يحيونك تحيتك وتحية ذريتك فقال السلام عليكم فقالوا السلام عليك ورحمة الله فزادوه ورحمة الله فكل من يدخل الجنة على صورة آدم فلم يزل الخلق ينقص حتى الآن بخاري Reported in Bukhari that the beloved prophet SwalallAllahou Alaihi Wasallam informed us that the first human beings were created by God with a physique of about 27 metres long(60 Zira`). Since then, Allah Ta`ala, God has progressively diminish the height of humans throughout generations. Our physique evolution reached its present size at the best of generation: the generation of the prophet Muhammad SwalallAllahou Alaihi Wasallam and the sahabahs(Refer to the above hadith). In the end, Insha Allah, we will enter Jannah on the original physique of 27 metres height.(Bukhari) Alike the physical evolution, we have evolved on the age of maturity of man and woman.
*Financial Maturity.*
Financial maturity is achieved after puberty when the adolescent is seen to have achieved financial management intelligence. It is described that the boy or the girl will be tested such that they will be given money on a time span trial. After he or she has passed the financial maturity test, then the adolescent or adult will be given their money and their share of inheritance/money that was awaiting.
The Qur-aan clearly state that we should test the financial maturity of a child after puberty. When the orphan`s financial maturity has been achieved, then they should be given their share of inheritance.(Surah 4: Verse 6)
وَابْتَلُوا الْيَتَامَى حَتَّى إِذَا بَلَغُوا النِّكَاحَ فَإِنْ آنَسْتُمْ مِنْهُمْ رُشْدًا فَادْفَعُوا إِلَيْهِمْ أَمْوَالَهُمْ وَلَا تَأْكُلُوهَا إِسْرَافًا وَبِدَارًا أَنْ يَكْبَرُوا وَمَنْ كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ وَمَنْ كَانَ فَقِيرًا فَلْيَأْكُلْ بِالْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُوا عَلَيْهِمْ وَكَفَى بِاللَّهِ حَسِيبًا
This age vary from person to person. وَلَا تَقْرَبُوا مَالَ الْيَتِيمِ إِلَّا بِالَّتِي هِيَ أَحْسَنُ حَتَّى يَبْلُغَ أَشُدَّه In Surah 17, verse 34, Allah Ta`ala refers to the financial maturity as peak of physical development. According to imaam Abu Hanifah, the average age for financial maturity is normally achieved at 18 years old.(Hidayah;Fathul Qadeer;Qurtubi) And we see that the age of adulthood and financial maturity have been copied by the west on the way that existed during the Islamic empire:18 years old.
*Wedding age maturity.*
Alike physical evolution of man, there has been evolution in the wedding age maturity of both man and woman. According to shariah a boy should be financially stable and mature before marriage. Financial maturity and monthly house budget management.
The proof is the following hadith:
قال حدثني إبراهيم عن علقمة قال كنت مع عبد اللهفلقيه عثمان بمنى فقال يا أبا عبد الرحمن إن لي إليك حاجة فخلوا فقال عثمان هل لك يا أبا عبد الرحمن في أن نزوجك بكرا تذكرك ما كنت تعهد فلما رأى عبد الله أن ليس له حاجة إلى هذا أشار إلي فقال يا علقمة فانتهيت إليه وهو يقول أما لئن قلت ذلك لقد قال لنا النبي صلى الله عليه وسلم يا معشر الشباب من استطاع منكم الباءة فليتزوج ومن لم يستطع فعليه بالصوم فإنه له وجاءبخاري
Rasouloullah Swalallahou Alaihi Wasallam said: O young men! Those amongst you who have achieved marital capacity, then you should marry. And those amongst you who have not yet achieved that should fast continuously to diminish their sexual lust.(Bukhari)
The addressee of this prescription is the youth. Not children. Hence it is after puberty that a boy is considered as youth and sexually mature. Marital capacity mentioned here is described as the financial capacity to support a wife`s lodging, food and other daily necessities (Nawawi).
These maturities vary from boy to boy. Until then boys are recommended to fast.
Note that it is a parental responsibility according to shariah to marry their children as from sexual maturity to prevent them from indulging in adultery.
As for girls, since there are no financial responsibility on them, then according to shariah only their sexual maturity is accounted for before marriage. The verse 6 of Surah 4 quoted above indicate that the girl ideal age of marriage is at her puberty or sexual maturity. Some ulamas have added the ability for the girl to manage the chores of her house. Nonetheless, the wedding ceremony can be done before that. But consummation needs maturity. And the best persons to judge the maturity of their children are the parents. That is why shariah has given parents the final word for the wedding of their children. And note that age of maturity for girls vary from person to person.
This is the answer to the different early marriages that happened in past centuries. Girls as young as 9 or 12 were married just a century ago. Simply because their parents found them to be mature enough for marriage. This may be not the case for daughters of our present generation.
I wish to bring two examples that we may understand this concept early marriages and hence dispel many interrogations.
The first example is that of our mother, Hazrat Aisha r.a. She was married at 6 and went to stay with the prophet Swalallahou `Alaihi Wasallam at 9. When she turned 9, her father keep on asking the prophet Swalallahou `Alaihi Wasallam to take his bride. But the prophet keep on telling him that he will do later. Hazrat Abu Bakr came a few times persistently supplicating the prophet. This is because his daughter was mature to get married and hence she should be now in the husband`s house. So after a few persistent talk to the prophet, finally, the prophet admitted to Abu Bakr r.a. that he had no means/house to receive his wife. So Abu Bakr r.a. himself gave money to the prophet S.A.W. From memory I recall a riwayat that Abu Bakr r.a. came with woods and build the house of the prophet Swalallahou `Alaihi Wasallam. All this to tell you that be well aware that Hazrat Abu Bakr r.a. found his daughter to be mature and ready for wedding. Full stop.
قال أبو بكر : يا رسول الله صلى الله عليه وسلم ، ما يمنعك أن تبني بأهلك ؟ فقال رسول الله صلى الله عليه وسلم : « الصداق » فأعطاه أبو بكر اثنتي عشرة أوقية ونشا ، فبعث بها رسول الله صلى الله عليه وسلم إلينا وبنى بي رسول الله صلى الله عليه وسلم في بيتي هذا الذي أنا فيه ، وهو الذي توفي فيه رسول الله صلى الله عليه وسلم ودفن فيهمستدرك للحاكم
The above riwayat of hakim shows that Abu Bakr r.a. was impatient as to when the beloved prophet Swalallahou `Alaihi Wasallam was taking Aisha r.a. to his house. So if the parents found the daughter ready and mature to go by the bridegroom, then it is unethical for you to comment. In fact, by doing so you are peeping in privacy of families.
Furthermore note that in that same era, the beloved prophet Swalallahou `Alaihi Wasallam refused the hand of Fatimah to Sahabahs while she was already 15 years old saying: ‘‘She is still small’’(Nassai; Ibn Hibbaan;Mustadrak Hakim )
أخبرنا الحسين بن حريث المروزي قال حدثنا الفضل بن موسى عن الحسين بن واقد عن عبد الله بن بريدة عن أبيه قال خطب أبو بكر وعمر رضي الله تعالى عنهما فاطمة فقال رسول الله صلى الله عليه وسلم إنها صغيرة فخطبها علي فزوجها منهنسائي؛ابن حبان؛ مستدرك حاكم
So depending on the physical and psychological development of the girl, the parent may decide when to marry her. As such Hazrat Fatimah r.a. was considered ‘‘small’’ and not ready for marriage although she was 15 years old. While Hazrat Aisha r.a. was precociously grown up at much younger age.
It is a fact that in the last century our great grand mothers used to be mature to marry as young as 12 or 13. So there is no issue if 14 centuries ago, girls were mature at younger age. Because throughout time there has been evolution of man and woman physically and psychologically.
Today, a girl achieve maturity of house management and physically ready for wedding at about 18 years old. Although this may vary from person to person. This is an evolution change trend of maturity. So don’t be immature on that because your ancestors have lived dignifiedly as such.
Mufti Mackoojee@MuftiMackoojee
+23057921333
Islam-qna.org