Quora Answer: Does Shari’ah include Child Marriage?
بِسۡمِ ٱللهِ ٱلرَّحۡمَـٰنِ ٱلرَّحِيمِ The following is my answer to a Quora question: “ Does shari’ah law include child marriage? ” It is important to get some definitions correct, so that we understand what we are actually asking here. Shari’ah is a legal tradition based on the Qur’an. It refers to the overarching principles as laid down in the Qur’an, and the ahadits , the prophetic narrations. As a legal tradition, it is preventive, as opposed to punitive, meaning that there is an emphasis on severe laws as a deterrent, not legal punishments to punish behaviour. This is the same tradition as Old Testament laws. The idea behind it is that it is preferable to face punishment for serious transgressions through the hadd , corporal and capital punishment, and be cleansed of that sin, than face Divine Punishment, including Hell, in the Hereafter. The practical application of shari’ah is known as fiqh , jurisprudence. ...