Islam, Girls, and Acceptance of Puberty Responsibilities

Can the age of 9 or 13 be considered appropriate for girls to accept the responsibilities of puberty? Why has Islam and the laws derived from Sharia deemed these ages suitable for criminal responsibility and marriage for girls? Fariba Davoodi Mohajer, a women's rights activist, and Hojjatoleslam Mohammad Ali Elahi, Imam and founder of the Islamic Dar al-Hekma in America, have discussed these questions in this week's taboo. Let's first look at the determining question of where the age of 9 for girls' puberty and 15 for boys, which is agreed upon in Islam, comes from and what its roots are. Hojjatoleslam Mohammad Ali Elahi, an Iranian-born Shia cleric residing in America, states that this is a very important discussion because even in America, there is a problem with defining adolescence. There is a disagreement in defining ages. However, in Islam, there is more emphasis on the physical, sexual, intellectual, and rational development of adolescents than on the issue of age. Although it is not mentioned in the Quran, it is stated in our hadiths: 'The limit of puberty for a girl is nine years, and for boys, it is fifteen.' The Quran discusses the puberty of children, focusing on physical maturity, which includes physical, mental, and psychological readiness for marriage, which is the basis for adult responsibilities. This has been very common in Asia, Europe, and everywhere. Fariba Davoodi Mohajer, what is your opinion? Fariba Davoodi Mohajer, a journalist and women's rights activist residing in the United States, states that firstly, nowhere in the Quran is the age of puberty for girls and boys mentioned. The word 'puberty' is not used uniformly throughout the Quran. There is a sexual puberty that marks the beginning of sexual maturity, and another type of puberty mentioned in the Quran is the puberty of discernment, which refers to the age of capability and responsibility. In Surah Qasas, verse 144, another type of puberty is mentioned, which refers to responsibility and discernment. Ms. Davoodi Mohajer, you are correct, but there is a consensus; there is a consensus on the age of 9, and our program's question is 'Why nine years?' Because many groups believe that the age of 9 for girls is not logical for puberty. Davoodi Mohajer responds that if you look among the Hanafi scholars, even Abu Hanifa states the age of puberty as 18, and Maliki does not mention 9 or 13 for boys, but it exists nonetheless. However, the question I ask does not get answered; perhaps it is better to ask Mr. Elahi: puberty comes with a type of responsibility and independence. You constantly talk about the physical and sexual changes in a 9-year-old girl, but on what basis can a 9-year-old girl be responsible? Elahi states that what is presented in Islam and the basis of responsibility is also the psychological and rational development of individuals. Now, suppose a girl is 9 years old but is not psychologically, physically, or rationally ready to accept many responsibilities; this girl may not be able to fast at this age. 'Allah does not burden a soul beyond its capacity.' No one can compel you to do something you do not have the strength or ability to do. Now, suppose we set the age at 9, even at 15, but this person is not ready for certain responsibilities, which is another issue that Islam has addressed. In the principle of 'no harm' and in the principle of 'no damage,' it says if something causes you harm and is beyond your capacity, then you have no responsibility. When someone is a child and has not yet reached the stage of puberty, maturity, or rationality, they have no responsibility. Mr. Elahi, you again mention menstruation and puberty. You speak of physics. Ms. Davoodi Mohajer, what can you respond to this point? Davoodi Mohajer states that the principle of 'no damage' is entirely contradictory. In the constitution, we also have the principle of 'no damage.' This principle states that no one has the right to harm another according to the text of the Quran, but you see that in the law regarding marriage, they set an age for girls or boys that indeed targets not only the individual but also the public interests of a country. I believe the roots of these contradictions and inequalities in the laws should be sought in jurisprudence. Then you face the phenomenon of forced marriage, suicide, self-immolation, maternal mortality, and abortion. Elahi states that just because we say 9 years is a small age, and even 13 is small, and we want to follow the four schools of thought, or even in American laws where some states have set it at 18 years and in our state, Michigan, at 17 years, I want to say that there are problems here too. Now, suppose we say 19 years is problematic; let’s say 18 years. Will the problems that Ms. Fariba (Davoodi Mohajer) mentioned, such as children's depression and suicides, really be solved? We see that in America this law exists, but at the same time, these problems are even more prevalent because now it is the digital age. With the technological situation that has arisen, when girls are taught sexual education in elementary schools or in middle school, in sixth and seventh grades, they are participating in joint dances... I have a question based on Mr. Elahi's comments; does teaching sexual matters actually mean awareness, and does it not imply that a 9-year-old girl is ready to start sexual relations? Elahi states that I want to say that if we blame all our problems on this number 9, we have not solved the issue. They have come and chosen that Quranic concept based on their social, cultural, and health conditions. Islam is also a religion of ijtihad and reasoning. It is a universal religion for all times and places. Until a time, 9 years or 13 years may have been applicable, and it may still be applicable in some societies, which is why Islam has left it open; it has said that our criteria are physical, sexual, rational, and psychological capabilities. The legislator must choose a time that is applicable to everyone. They cannot say check and see if they have reached puberty or not. This cannot be done. Yes, it cannot be done, but your statement cannot confirm that there is actually no difference between 18 years and 9 years. Ms. Davoodi Mohajer, we hear your comments. Davoodi Mohajer states that in fact, the door is open in Iran, meaning in Article 1041 of the Family Protection Law, the father with the paternal grandfather can refer to the legislator and obtain a growth certificate from the court to marry off his child before the age set in their Islamic law. This is why you see the country’s vital statistics announcing how many marriages under 10 years we have had, meaning they have married under the legal age... Elahi states that we have this issue here in America as well. Davoodi Mohajer states that I do not care about America; I do not care about Europe; I do not care about anywhere in the world. I care about Iran itself. Elahi states that this is a human issue. Davoodi Mohajer states that I rely on children's rights conventions, etc. Mr. Elahi, you wanted to say something in response to Ms. Davoodi Mohajer; since you constantly compare Iranian society with America, I want to hear your point. Elahi states that yes, we see that even in Western society, for example, if you look at the past 100 years, marriage under 10 years was very normal; it was a common thing in Europe, America, and everywhere. Well, in the last hundred years, these laws have been created and prohibited this issue. However, even right now, if someone, a girl under 18, for example, 16 years old, can obtain permission from the court, and if the judge is convinced, this girl who is below the legal age can get married. This issue is raised in some states. Mr. Elahi, is it the same that under exceptional conditions, a family wants to obtain permission for such an act, while the law in a country is like this, and the law also has its roots in Islamic jurisprudence and Sharia? Elahi states that firstly, those who are 9 or 13 years old are not forced to marry. In practice, in Iran, such a thing does not exist. Davoodi Mohajer states that it does exist. Elahi states that theoretically, it may be so, but in practice, girls want to finish their education, their high school. Ms. Davoodi Mohajer, is this the case? Do we not have such a phenomenon in Iran now? Davoodi Mohajer states that in Iran, in 2009, not now, the vital statistics of the country released a statistic showing that there were 42,000 marriages between girls aged 10 to 14. In 2012, the vital statistics - those who had registered - recorded 75 marriages of girls under 10 years. Even Ms. Molavardi said last September that we have alarming statistics on marriages of girls under the legal age - that is, under 18 years - and this shows that the law has problems. We cannot say that it happens in other countries. In other countries, many good things may happen that we do not talk about. This shows that there is no framework for the law that obliges families to act within the legal framework. Elahi states that look, Ms. Fariba (Davoodi Mohajer), now if you set it at 18 years, those who want to marry under 10 years due to poverty, ignorance, or any reason will still do so. This is a human problem. If you look at the reports from the United Nations, last year millions of girls and boys under the legal age got married worldwide. Davoodi Mohajer states that yes, in countries like ours. Elahi states that cultural problems must be considered separately. Even in places where there are higher laws, even at 18 years, illegal and underage marriages occur. Mr. Elahi, some may criticize you here and say that the law is not ornamental. That you say that in countries where the age of puberty is set at 18, this happens, yes, it happens, but why should our law, which is based on Sharia and jurisprudence, come and make this the center and pivot and principle so that a father who wants to do such a thing with his daughter has a full hand? Elahi states that if we want to look at Islamic law, we must look at it comprehensively. Now, the issue of age is one aspect of the matter, but when we look at all dimensions, this religion is a religion of justice and reasoning. Now, if some people have ignored this entirety and only want to focus on one issue, the issue of age, I want to say that in the world, the opposite is happening, meaning that now they are lowering the ages. Because now the discussion is that girls and children reach social growth and general understanding faster in our time due to globalization and the digital world. Davoodi Mohajer states that Mr. Elahi, you are again emphasizing the sexual issue. Mr. Elahi says that because their sexual awareness increases - yes, someone may have their sexual awareness at 10 years old - while we are discussing another issue, meaning we are talking about at what age a woman or a man, as emphasized by the Quran, can take on responsibility. Mr. Elahi, my other question is; why is the age of puberty for girls considered lower than the age of puberty for boys? What reasoning do you have for this? Elahi states that the reasoning is natural; both religious scholars and social and psychological scholars all believe that girls' progress and readiness to accept responsibilities like marriage are ahead of boys in terms of physical and psychological growth. Now the question arises that if Islam considers girls to have greater intellectual and physical growth, why does it only regard this in terms of puberty and not in other matters such as inheritance, testimony, or judgment, where it does not consider girls equal to boys? How do you respond to this contradiction? Elahi states that this is not a contradiction. Islam has placed women’s inheritance at double that of men, meaning if the inheritance is 100,000 tomans, the man takes double and the woman takes one. This woman has no responsibility for expenses, but the man must pay for himself and his wife. Eventually, the day comes when the money that the man had is all gone, but the woman still has her inheritance. Davoodi Mohajer states that this is an interesting argument; you may want to enter this discussion.