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Ray · 08-23-2006, 04:08 AM

Quote:

ISLAM AND THE AGE OF PUBERTY

Islam teaches that female puberty begins when the menses is started. From Bukhari, volume 3, Book of Witnesses, chapter 18, page 513: "The boy attaining the age of puberty and the validity of their witness and the Statement of Allah: "And when the children among you attain the age of puberty, then let them also ask for permission (to enter)." Quran 24:59. Al Mughira said, "I attained puberty at the age of twelve." The attaining of puberty by women is with the start of menses, as is referred to by the Statement of Allah: "Such of your women as have passed the age of monthly courses, for them prescribed period if you have any doubts (about their periods) is three months... [65:4] ...Al-Hasan bin Salih said, "I saw a neighbouress of mine who became a grandmother at the age of twenty-one." [1] [1] The note for this reference says, "This women attained puberty at the age of nine and married to give birth to a daughter at ten; the daughter had the same experience." My understanding of the above is that Islam considers that when a child "attains", or begins, "puberty", then he / she is considered an adult. Hence the validity of the witness. Muhammad followed a cultural norm in marrying and having sex with a young girl. After all, she was considered an adult. Not only did he do that, but he taught his followers to do as he did. Therefore is acceptable for Muslim men to marry and have intercourse with girls who have had their menarche. Muhammad established this cultural practice as a precedent in Islam.http://www.exmuslim.com/com/puberty.htm

Now if this is correct, then it would the contention that consent would not be a defence for rape is the woman is less than 16 years of age?

Would it be not going contrary to the tenets?

Could it be taken that if this contention of 16 years is legalised it would mean ijtihad has been practiced?