Sunday, 30 March 2014

Ahl ul Sunnah Advocate Sexual Penetration With Minors

This article is in response to those who viciously attack Shi'a scholars for issuing a Fatwa which they believe condones and actively promotes Paedophilia. In this article we will be discussing both the damaging Psychological effects of child sexual abuse and the sheer hypocrisy of Sunni's who have the audacity to criticise Shi'as without taking into account that their own books go much further (allowing sexual intercourse/penetration with babies). If one were to begin discussing this sensitive issue within Islam, one must first understand the historical basis for the "lapping" fatwa that has been issued by some Shi'a scholars. 

Both Shi'a and the so-called 'Ahl ul Sunnah' agree that (with the permission of the guardian) marriage to minors is lawful in Islamic Law. However, Shi'a narrations do not allow sexual intercourse (penetrative sex) in the case of the minor wife. This then leads us to question, just what is permitted? Hadeeth do not explicitly mention other forms of intimacy such as, kissing and hugging hence the jurist is unable to prohibit it. We can see that in the following narration, it is not permitted to penetrate a girl under the age of nine years old.

Sheikh Al-Hurr Al-Amili:

Narrated Muhammad ibn Yahya from Talha ibn Zayd from Ja'far from his father from Alee (a.s) who said: "If a man marries a virgin and sleeps with her while she is less than nine years old and she is blemished due to the intercourse, he is liable."

Source: Wasa'il ush-Shi'a. Vol. 20, Pg. # 103, H. # 6.



Sheikh Kulayni:

And from a number of our companions from Sahl ibn Ziyad from Ahmad ibn Muhammad ibn Abi Nasr from Abd al-Karim ibn Amr from Aboo Basir from Aboo Ja'far (a.s).  He said: "One does not have intercourse with the girl until she is nine or ten years old."

Alee ibn Ibraheem from his father and from Muhammad ibn Yahya from Ahmad ibn Muhammad all from ibn Abi Umayr from Hammad from Al-Halabi from Aboo Abdillah (a.s). He said: "When the man marries the girl while she is a minor, then he is not to have intercourse with her (lit. enter by her) until she is nine years old."

And from Humayd ibn Ziyad from al-Hassan ibn Muhammad ibn Sama'a from Safwan ibn Yahya from Musa ibn Bakr from Zuraara from Aboo Ja'far.  He said: "One does not have intercourse with the girl until she is nine or ten years old."

And from him from Zakariyya the believer or between him and a man who I do not know but that he narrated from Ammar As-Sijistani. He said: I heard Aboo Abdillah (a.s) saying to a client of his: Set out (or: be free) and say to the qadi: The Messenger of Allah (saw) said: "The bound of the wife that her husband has intercourse with her is that she be a girl of nine years."

Source: Al-Kafi. Vol. 5, Pg. # 240, H. # 253.


As evidenced from the above hadeeth, a man is not allowed to have penetrative sex with his wife until she is nine/ten years old. But despite this, it does not mention any prohibition of whatever falls less than actual penetrative sex, which gives the jurist no choice but to say that everything else is not prohibited. As mentioned in the hadeeth, a man cannot have sexual intercourse with his wife who is less than nine years old because it may cause harm and blemish her, thus if the man performs other sexual acts it does not harm her and therefore will not lead to her becoming blemished.

Of course, this does not necessarily reflect our view. But we must take into account the Psychological effects of child abuse, which can be devastating. Children who have been sexually abused can suffer a range of psychological and behavioural problems, which can cause severe problems both short and long term. Difficulties can arise such as clinical depression, fear, guilt, anxiety and sexual dysfunction.  

The negative effects of child sexual abuse can affect the victim for many years and into adulthood. Adults who were sexually abused as children commonly experience depression.

Additionally, high levels of anxiety in these adults can result in self-destructive behaviours, such as alcoholism or drug abuse, anxiety attacks, situation-specific anxiety disorders, and insomnia. Many victims also encounter problems in their adult relationships and in their adult sexual functioning.

Not only that, but research has uncovered that sexual abuse can actually damage a child's developing brain, affecting  both the structure and chemistry of the developing brain of a child. Teicher (1993) suggested that sexual abuse damages key areas of the brain, such as the cortex which is associated with rational thinking and the hippocampus, the area in the brain that is responsible for our memory and learning. Changes in hippocampus volume have been linked to depression, schizophrenia and other psychiatric disorders.
Sexual abuse also damages the amygdala, which is the part of our brain that we need which enables us to respond quickly to dangerous situations. A maladaptive amygdala makes an abused child recoil in fear at the drop of a hat.

This negative impact on developing brain structures is associated with changes in brain chemistry. Overwhelming stress early in life also alters the production of both the stress-regulating hormone cortisol and key neurotransmitters such as epinephrine, dopamine and serotonin, the chemical messengers in the brain that affect mood and behaviour. These chemical imbalances can have serious implications, as abuse typically lowers serotonin levels which can lead to depression and aggression.

Now, let us say for example that we accept the Fatwa of some Shi'a scholars, despite our own personal feelings of disgust and revulsion, the so-called 'Ahl ul Sunnah' are in no position to attack our stance on this. In fact, their own scholars go one step further and actually allow penetration of children under the age of nine, and even more disgustingly, babies are also allowed to be penetrated!


Muhammad bin Ahmad Sherbini:

"Nay, it is permissible to have sexual intercourse with her even if she is a baby incapable of sexual intercourse."

Source: Mughni Al-Muhtaj. Vol. 3, Pg. # 243.




We have ibn Abidin justifying the fatwas of Sunni scholars which is, if the baby is able to bear the intercourse, her Nikah is allowed:

Muhammad Amin ibn Abidin:

His statement: 'Until she is able to bear the intercourse,' as Al-Zayla'i says that it (i.e. Nikah with babies) does not depend on age, because the thick and fat baby can bear intercourse even if she is at a minor age."

Source: Rad Al-Mukhtaar Ala Al-Durar Al-Mukhtar. Vol. 5, Pg. # 283.



Al-Nawawi:

"And the sleeping with a minor age wife and having intercourse with her, if the husband and the guardian of the wife agreed upon something that is not harmful for the minor age wife, it is legitimate and if they did not agree upon then Ahmad and Aboo Ubayd say that if she is at nine years of age she can be forced to, not the younger ones, and Malik and Shafi'i and Aboo Hanifah say that the criteria is that she can bear intercourse, and the differences of opinion about this issue comes from these scholars. But the correct opinion is that it does not depend upon age.

Source: Saheeh Muslim Sharh Al-Nawawi. Vol. 9, Pg. # 206.



Al-Nawawi:

"... as Nikah of infant is allowed."

Source: Rawdhatul Talibeen. Vol. 5, Pg. # 379.



Ibn Hajar, the most famous commentator of Saheeh Bukhari quotes yet another famous scholar ibn Battal who says:

Ibn Hajar:

"Nikah of a minor age to an adult is allowed, there is consensus of scholars on this, even if she was in cradle, but he should not sleep with her until she can bear it."

Source: Fath ul-Bari fi Sharh Saheeh al-Bukhari . Vol. 11, Pg. # 347.



Ibn Qayyim Al-Jawziyya:

In Al-Fusoul (of ibn Aqeel Al-Hanbali): "It has been narrated from Ahmad about a man who is afraid of his testicles to split due to the pressure of the rut, or due to the overflow of semen during Ramadan, he can release the semen." But he has not mentioned how should the man release it. He says: "What I think is that he can release semen without ruining the fast by masturbating using his hands or the hands of his wife. If he has a 'slave girl' whether be it a girl or a little child, he can masturbate using her hands, and if she was a non-believer, he can have intercourse with her in other than her vagina. If he can release his semen without penetrating into her vagina, then penetrating would not be allowed, because when the necessity is not there anymore, it will make it Haraam to do more than that. Like eating full from the meat of a dead person. Rather, the emphasis here is more than that, because to refrain from doing Haraam in sex is more important than eating.

Source: Bada'i Al-Fuwa'id. Vol. 4, Pg. # 1473.


We can safely say that the so-called 'Ahl ul Sunnah' need to be very careful about critiquing the scholars of Tashayyu on this particular fatwa, whist their own scholars have issued depraved and inhumane fatwas themselves. Their books are full of filth which contain rulings where one would feel nothing but disgust and revulsion.



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