The Position of Javed Ahmed Ghamidi and Islamic Scholars on Nikkah and Child Marriage

Authors

  • Dr. Shagufta Begum Department of Islamic Studies, SBBWU, Peshawar, Pakistan
  • Dr. Khadija Aziz Associate Professor, Department of Islamic Studies, SBBWU, Peshawar, Pakistan

Abstract

Nikkah is a Muslim matrimonial ceremony which adopts the form a legal contract between a couple. According to the provisions of the Islamic laws that govern the legalization of marriage, there are various pre-requisites of Nikkah that needs to be fulfilled before official legalization of marriage. Islamic jurists and scholars are of the view that the Nikkah ceremony can be executed at any age provided that wedding processing doesn’t the place before the age of adolescence. The existing Islamic laws prevailed in Pakistan that govern the institution of marriage stipulate that the minimum age for marriage is 16 years. Though, several bills have been tabled in the parliament which has proposed the minimum age limit for marriage to 18 years. Additionally, the Islamic Ideological Council (ICC) has also endorsed the proposal of the parliamentary bill seeking the extension of minimum age limit to 18 years for marriage. Javed Ahmed Ghamidi, a renowned Islamic scholar hold distinct views about the minimum age limit for marriage. He opines that the minimum age limit for Nikkah should be 18 years. Besides, he further asserts that it is not essential for a bride to have a Wali (male guardian) to supervise a nikkah. On the other hand, great majority of the Islamic scholars believe that the presence of a Wali during legalization process of marriage is mandatory. Furthermore, proponents and jurists of Islamic jurisprudence believe that nikkah ceremony cannot be executed without the presence of a Wali and a Gawah (witness). Both bride and groom shall be accompanied by their respective witnesses. Ghamidi on the other hand refute such laws and expresses that neither the presence of a Wali nor a witness is necessary for execution of marriage ceremony. He also advocates that besides attainment of physical maturity, the attainment of mental maturity is also important for a girl to get married. He considers marriage of underage girls a cruelty and discrimination against girls. He proposes that the government of Pakistan should take serious measures to set the minimum age of marriage to 18 years. He also recommends that the wedding procession shall not take place before the attainment of adolescence. He advocates both the attainment of 18 years age and adolescence as pre-requisite for marriage besides the abolition of the condition of mandatory presence of a Wali and a witness for the execution of the marriage process.

References

.1. "Masbah al-Lughaat" by Abu al-Fadl Maulana Abdul Hafeez Belavi, Aisha Library Urdu Bazaar Lahore, May 1950, p. 907.

"Women's Rights in Islam" by Dr. Muhammad Zahid al-Qadri, Minhaj Publications Lahore, September 2006, pp. 16-17.

"Women's Rights in Islam" by Dr. Muhammad Zahid al-Qadri, Minhaj Publications Lahore, September 2006, p. 17.

Surah An-Nur: 32-33.

Sunan al-Tirmidhi, Book of Marriage, Hadith number 1102.

Sahih al-Bukhari, Book of Marriage, Chapter: Whoever says there is no marriage except with a guardian, Hadith number 5130.

"Al-Bayan" by Javaid Ahmad Ghamdi, Vol. 1, p. 475.

Bible, Book of Genesis, Chapter 34, Vol. 13-12, Bible Society Anarkali Lahore, 1983, p. 35.

Bible, Book of Exodus, Chapter 22, Vol. 17-16, p. 74.

"Al-Bayan" by Javaid Ahmad Ghamdi, Vol. 1, p. 475.

An-Nur: 3.

"Meezan" by Javaid Ahmad Ghamdi, p. 417.

Jamia Darul Uloom Al-Muhammadia Karachi.

Sahih al-Bukhari, Book of Marriage, Hadith number 5133.

"Al-Bayan" by Javaid Ahmad Ghamdi, Vol. 1, p. 475.

Interviews, Dunya News Lahore, August 4, 2019.

Darul Ifta Darul Uloom Deoband India, Question number 167033.

"Meezan" by Javaid Ahmad Ghamdi, p. 417.

Sahih al-Bukhari, Book of Tricks, Chapter: In Marriage, Hadith number 6968.

"Early Marriage: In the Light of Sharia and Medicine" by Dr. Mufti Muhammad Arfan Alam Qasmi, Basirat Online, November 2016.

"Early Marriage: In the Light of Sharia and Medicine" by Dr. Mufti Muhammad Arfan Alam Qasmi, Basirat Online, December 2021.

"From Religion to World" by Allama Ibtisam Elahi Zaheer, Daily Dunya, May 25, 2014.

An-Nur: 33.

"From Religion to World" by Allama Ibtisam Elahi Zaheer, Daily Dunya, May 2014.

"Review of Judicial Decisions on Child Marriage" by Dr. Shahzad Iqbal Sham, Al-Sharia, Volume 33, Number 5, May 2022.

"In the Light of Sharia and Medicine" by Dr. Mufti Muhammad Arfan Alam Qasmi, Basirat Online, December 2021.

"Al-Istidhkar", Vol. 16, pp. 49-50.

"Majmu' al-Fatawa", Vol. 32, p. 39.

"Fatawa Darul Uloom Deoband", Vol. 7, p. 48, Darul Ashaat Karachi.

"Al-Istidhkar", Vol. 16, pp. 49-50.

"Majmu' al-Fatawa", Vol. 32, p. 39.

Talaq: 4.

"Tafsir al-Durr al-Manthur" translated, Vol. 6, p. 614, Zia al-Quran Publisher Lahore.

"Ahkam al-Quran" by al-Tahawi, Vol. 2, p. 402, Istanbul.

"Jami' al-Bayan fi Tafsir al-Quran" by Imam al-Tabari, Vol. 5.

Sahih al-Bukhari, Book of Marriage, Hadith number 5132.

"Al-Kashaf 'An Haqa'iq Ghawamid al-Tanzil" by Zamakhshari.

"Minimum Age for Marriage Set at 18" by Hadith Forum.

Downloads

Published

2024-03-31