By Idris Oluwadare Aliu
Lately Senator Ahmed Yerima of the Nigerian senate convinced some of his colleagues in the senate into accepting the clause, Section 29, 4 (b) of the 1999 Constitution, into the amended constitution of the Federal Republic of Nigeria.
Section 29(4)(b) 1999 CFRN states: “Any woman who is married shall be deemed to be of full age.”
The 35 Senators of the Federal Republic of Nigeria who endorsed the bill, led by former governor of Zamfara State, Ahmed Yerima, who married a 13 year old Egyptian minor, did this under the guise of religion.This issue has in no small way caused some uproar on the Internet and in the media in general.
Yerima and his colleagues who endorsed the introduction of this clause into the amended Constitution are still been lambasted in the media up til this very hour from some quarters of the media and the country as a whole.
This buzz in the media, the Internet in particular, was what prompted me to put up this article. After going through most of the posts and comments I had come across on this particular issue here on Facebook and on other social media, I could not but ask myself where the whole thing originated from and why? I had to ask myself just where did this limit of 18years, which is the norm today, originate from and why? Other questions that crept my mind were these: On what grounds could we say that the age of 9, 11, 13, or 16 is inherently wrong? Are we (whatever sides we belong to) just defending our side of the debate as part of our culture? These made me ask if people in any particular society would come to accept or defend a concept that had no religious connection or moral justification, simply because they just had to “defend the concept or their culture.”
The truth is that we cannot simply push away the past simply because modern times and ideas see things this way or the other way. We need to provide some historical background to this discourse to facilitate an understanding of different cultures and the clash of civilizations. After all, many of our modern ideas about marriage only evolved during and prior to what is called the “Romantic Period” of history, in the 18th and 19th centuries. That period marked a substantial shift from the prevailing ideas of that time to what we have today.
WAS CHILD-MARRIAGE AGAINST THE NORM BEFORE NOW?
Today in most countries in the West, the minimum age for marriage is 18, although there are places and circumstances where 15 and 16 are allowed. Some countries in the West allow an age as low as 16 (and a few have 15, but only under special circumstances, and require special court approval). In the UK, the youngest age that one can marry is 16, but this requires written parental consent. In the USA in 1880 the State of Delaware’s minimum age for marriage was 7. Most other US states in existence at that time had minimum laws ranging from 8 to 12. In fact, it was not until the 1920s that the age of marriage was “raised” to 14. Child brides as young as 8 years old were also common among the Byzantine and Roman emperors and nobility. The child empress Agnes of France (daughter of the king of France) was the spouse of two emperors of Byzantium, the boy emperor Alexius II Comnenus, and subsequently Andronicus I Comnenus, the latter’s first cousin once removed. According to William of Tyre, Agnes was only 8 on her arrival at Constantinople, while Alexius was 13 as of then. Child brides, whether Byzantines or foreign princesses, were the norm then rather than the exception, especially from the late 12th century. Irene Ducaena, wife of Alexius I Comnenus, was 12 at her marriage, and empress before she was 15; the Byzantine princess Theodora Manuel’s niece, was in her 13th year when she married Baldwin III of Jerusalem; and Margaret-Maria of Hungary married Isaac II Angelus at the age of 9. During the reign of Alexius (24 September 1180 to prior to 24 September 1183) shortly before he (Alexius) completed three years as emperor, Manuel’s first cousin Andronicus made himself co-emperor and then usurped Alexius’s position altogether, putting him out of the way by having him throttled. Nicetas Choniates then, with morbid relish, claims that Andronicus (who was born c. 1118 and was thus 65 years of age) sexually exploited the 11-year old princess. According to Eustathius of Thessalonica, the match was repugnant to her (Agnes), as she regretted Alexius’ death and loathed Andronicus.
Thus, back then amongst the Byzantines and Romans it was customary to import imperial brides from overseas at a young age to enable them to become acquainted with Greek and with their future ceremonial duties; certainly it was unusual under normal circumstances for Byzantine girls to marry before the age of 12. (visit
http://www.roman-emperors.org/aggiefran.htm ).
THE POSITION OF ISLAM, CHRISTIANITY, AND JUDAISM ON CHILD-MARRIAGE
To people who are ultra-conservatives (whether Muslims, Christians, or Jews) and who are really concerned about preserving the tradition of marriage, there is no crime in showing support for polygamy, child-marriages, and arranged marriages – in as much as the liberalists and modernists would oppose them.
Indeed, neither the Bible nor the Qur’an makes any over statement on the right marriage age. According to MarcGravell’s statement, “It is usually accepted that Mary (the mother of Jesus Christ) was around 14 when giving birth, and was married at that time.” Historically, it was common then for girls to be married at puberty to older men.
Christian and Jewish conservatives would even let you know that one of the best-known “love stories” in Biblical scripture is about Isaac and Rebekah, a couple in an arranged marriage with Rebekah being a child bride at the time of their marriage. According to the traditional counting cited in the Bible, Isaac was 40years (Genesis 25:20) when he married Rebekah – who was probably 3 years old at the time of the marriage. But according to a second opinion, Rebekah was 14years old at the time of their marriage. [“Torah Insights: Parshat Toldot.” Orthodox Union].
Rashi (a Jewish commentator of the Bible) gave some evidences which strongly suggested that Rebekah was 3 years old girl at the time of her marriage to Isaac. Rashi says it outright in his comment on Genesis 25:20 and seals the deal with some Math:
This is the Math that he uses to support his claim that Rebekah (Rivka) was 3 when she married Isaac (Yitzchak).
1. Sarah was 90 years when Isaac (Yitzchak) was born.
2. Sarah died at 127 immediately after the Akeidah, so Isaac (Yitzchak) was 37 at the Akeidah. (Genesis 23:1)
3. Immediately after Sarah’s death Abraham (Avrohom) hears the news of the birth of Rebekah (Rivka), so she was born when Isaac (Yitzchak) was 37.
4. Isaac (Yitzchak) was 40 when he married Rebekah (Rivka), so she must have been 3 when they married. (Genesis 25:20)
Not everyone would agree with Rashi’s arguement but the truth we will all agree with is that she was an underage girl (whether 3 or 14) when she married Isaac because Biblical references clearly indicated she was still under the custody of a nurse at that time (Genesis 24:59 – 67) and as at then Isaac was 40 years old (Genesis 25:20).
Contemporary Rabbis have however unanimously forbidden such practices (i.e. underage-marriages). Some commentaries, in the Talmud and Sifrei (Jewish scriptures), also indicate Rivka (Rebekah) was 14 at the time of her marriage. Today, it is unacceptable amongst the Jews and Christians for girls to marry at that age, but in historical context it was a reality. This is just one of those differences we see between modern society and ancient society.
Many non-Muslims would want to opine that Islam has a glitch here, in that it needs to accommodate the marriage of Aisha – often taken to be around 9 years old when she married Muhammad, the Prophet of Islam. This they believe makes it rather hard for Islam to make a statement that underage-marriage is inherently wrong. But to those of us who are Muslims, we see no wrong in the Prophet’s marriage because that was the culture back then before the commencement of Islamic laws, and even today in many parts of the world!
Yes, there are Muslim scholars (who mainstream Islamic scholars may identify them as “distortionists”) who refute the claim that Aisha was actually 9 at that time but 18 to 20 years old at the time of her marriage but that’s another discourse open for discussion some other day. If you want to follow their arguement, you can do so by logging onto the following link:
http://qa.sunnipath.com/issue_view.asp?HD=7&ID=4604&CATE=1
According to reports in the Nigerian media, Senator Yerima felt the clause to peg marriageable age at 18 is un-Islamic. So he and some of his Muslim colleagues in the Nigerian senate voted and amended it to refer to any girl who is married to be of age.
And that covers the acts of Yerima himself whose under-aged wife at the time of his marriage sparked a lot of outrage. So the question is, what does the Muslim Holy Books, the Qur’an and Ahadith, have to say about this nagging issue?
While the Holy Qur’an is silent about the age, at which a woman can get married, it however states in Qur’an 4 verse 6: ‘And test the orphans [in their abilities] until they reach marriageable age. Then if you perceive in them sound judgement, release their property to them. And do not consume it excessively and quickly, [anticipating] that they will grow up. And whoever, [when acting as guardian], is self-sufficient should refrain [from taking a fee]; and whoever is poor – let him take according to what is acceptable. Then when you release their property to them, bring witnesses upon them. And sufficient is Allah as Accountant’.
Shedding more light on this passage of the Qur’an, journalist and Islamic cleric, Haroon Ishola Balogun says, ‘the inference we can draw here is that there seems to be an affinity between being of marriageable age and the age of mature intellect and sound judgement. Under this verse, four basic conditions of marriage are established in Islam.
These are (1) proposal and acceptance (al-Ijaab wa al-qubuul), (2) approval by both parents (ridaa waalidayn), (3) payment of a dowry by the groom (al-mahr) and (4) the presence of at least two male witnesses at the ceremony (shaahidayn ‘aadilayn).
Even when a minor is given out in marriage by her parents, there is protective solemnisation of marriage where the girl remained untouched until she attains marriageable age according to the Qur’an and at that point; if she decides otherwise; the marriage becomes invalid. So, if a minor whose hand has been given out in marriage upon attaining puberty declines to marry the man, the marriage becomes invalid. That is what the Qur’an means about sound judgment’.
But the truth remains that a 12, 13 or even 14 year old girl is only a child whose judgement cannot be fully considered to be sound neither can she make informed choices at that age. Even if she had reservations about the man, can she truly say no under the circumstances and as a Muslim?
According to Mr. Haroon, "My personal view is not different from what the Qur’an says about marriage. The Qur’an did not specify age, it talks about maturity. If my daughter is mature, yes, I will give her out in marriage. But I must add that although the Prophet got married to Aisha at a tender age of 9, that wasn’t a religious thing. It was more cultural than religious because it was the practice of the Arabs to give out their daughters in marriage early. The Yorubas (Mr. Haroon's ethnic group) don’t give out their daughters in marriage that early but I think I will stick with the Islamic injunctions’.
Furthermore, Islam like Christianity and Judaism has not really prescribed an age limit for marriage. However, the absence of an age limit for marriage should not be taken to mean that a Muslim girl should marry as soon as she reaches the age of puberty through the commencement of menstruation. Such a conclusion is contrary to the Qur’anic teaching which identifies the age of marriage with “rushd”, which is the ability to discern or make sound judgement (Qur’an 4:6). Therefore, a Muslim girl who has attained physical puberty but who is not mentally able to exercise rushd cannot be said to have attained the age of marriage. The personal example of the Prophet with his daughter (Fatimah) also supports this Qur’anic teaching. Fatimah did not marry Ali until 2 years after the Hijrah when she was 20years old. (Salahdeen, I.M. (1987) A Handbook of Islam for West African School Certificate, Agege, Darul-Aftal Nigerian Enterprises pp. 70 - 71).
Muhammad’s marriage to Aisha before puberty may be cited in support of underage-marriage in some quarters but it should be categorically stated that this incident cannot be used in support of underage marriage for some reasons. First, this marriage was borne out of a divine instruction in the Qur’an (Khan, M.M. (1994) Sahih Al-Bukhari (Arabic-English), Riyad, Maktabah Dar-S-Salam publisher and Distributors p. 744). It is a clear case of an exception to the rule. In addition, this incident happened in Mecca before the Hijrah and at least 3 years before the revelation on Islamic laws began; whereas, the marriage of Fatimah to Ali occurred after the Hijrah and commencement of the revelation on Islamic laws. Thus, it can be concluded that the Prophet’s latter practice as was in the case of Fatimah abrogated the former practice. (Uthman, I.O. (1998) The Gender Problem and the Muslim Society, Al-Mubasheer Publications pp. 78 - 79).
But even if we succumb to the idea of this practice of underage marriages not being abrogated in Islam, we need to know that child brides were cultural norms in both Israeli and Arabian cultures. In addition, Josephus tells of several instances where children were married, sometimes for political advantage (Josephus, Antiquities 16.221-228 and 17.12-18; Josephus, Wars 1.555-560).
DO CONSERVATIVE MUSLIM, CHRISTIAN, AND JEWISH SCHOLARS SEE THINGS RELATING TO CHILD-MARRIAGE THE SAME WAY?
Controversial as this may seem, a Saudi conservative scholar and marriage official Dr. Ahmad al-Mu’bi once told Lebanese television viewers that it is permissible for girls as young as 1 to marry – as long as sex is postponed! Al-Mu’bi’s remarkable comments also included an explanation that “there is no minimal age for entering marriage.” “You can have a marriage contract even with a 1-year-old girl, not to mention a girl of 9, 7 or 8,” he said. “But is the girl ready for sex or not?” What is the appropriate age for sex for the first time? This varies according to environment and tradition,” al-Mu’bi said in an interview with LBC-TV.” (Fox News, Wednesday, June 25, 2008).
Controversial as Mu’bi’s statement may seem, Canadian based Christian website www.bible.ca which is a site “critical of Islam” supported his view, it stated: “Today in Saudi Arabia, the home of Islam, child brides as young as one year old are permitted as long as the girl is not consummated until she is older. Notice the language of “marriage contract” is EXACTLY what we see in the Bible.” (See Marriage in the Bible, retrievable from the site through the following link
http://www.bible.ca/marriage/ancient-jewish-three-stage-weddings-and-marriage-customs-ceremony-in-the-bible.htm ). But in another place on this particular webpage, the Christian site said “the father of the bride would use his wisdom to look for the best interests of his daughter.” It went on to say, “At this stage, the bride was seen as being completely under her father’s control.” And in another place, it supported its stance with the Biblical verse: “So then both he [father of the bride] who gives his own virgin daughter in marriage does well and he who does not give her in marriage will do better.” (1 Corinthians 7:38). Here we have a website that has articles on its pages accusing Muhammad of being a pedophile and womanizer taking sides with conservative Muslims!
CONCLUSION
Now many of us may object to this practice (of child-marriage) because of the opinions or interpretations we hold but we must also understand that centuries ago and now are quite very different. We must also understand that cultures are also quite very different. Times and culture have changed and so have humans, what we are witnessing today is only but a resurgence of clashes of cultures and clashes of civilizations (Arabian Marriage Culture vs. Modern Marriage Culture, Bible Marriage Culture vs. Modern Marriage Culture, and so on). Bible/Talmud Marriage Culture just like Arabian/Muslim Marriage Culture sets no age limit besides allowing the father to control the marriage of the daughter, although these cultures would let her tell her parents who she wanted to marry. [see 1 Corinthians 7: 38; Rebekah’s case in Genesis 24:33, 24:51-53, 24:57-58; Leah’s case in Genesis 29:15-19; Rachel’s case in Genesis 29:27; Aisha’s case in Sahih Bukhari Volume 5, Book 58, Nos. 234, 236, and Sahih Muslim Book 008, Nos. 3310, 3311). Thus child brides were not considered young girls back then, rather they were considered young women. It is a historic fact that girls from ages of 9 to 14 were being married in Europe, Asia, and Africa, and in fact even in the United States (just more than a century ago), and amongst some members of The Church of Jesus Christ of Latter-day Saints (also called the LDS Church or informally the Mormon Church) in the United States up till this very hour!
N.B.: Please take note that this post is no way intended to support or oppose the practice of child marriage or arranged marriage, or anything else for that matter. This post is only intended to provide some historical background to the discourse in order to facilitate an understanding of some of the functional roles of marriage throughout history and to water down the uproar caused by the Yerima issue here in Nigeria.
