Age of Consent in Classical Islamic Law (original) (raw)

The age of consent to sexual relations is not firmly established in classical Islamic law like it is in many Muslim and non-Muslim countries today. The appropriate age of sexual relations was set in traditional pre-modern societies by either individual families or local custom, often linked to signs of physical puberty like menarche and pubic hair.[1] The lack of consistency in this area of law is because societies throughout time and place widely vary in their circumstances, resources, concerns, and priorities. There are many instances in history for which the age of consent and marriage is in apparent disagreement with modern norms and laws. The 12th century Decretum Gratiani, for instance, mandates consent at an undefined "age of discretion"[2] and acknowledges that sexual relations and marriage might occur as early as seven years.[3] Some Christian sources state that Mary was to be given in marriage to the ninety year-old St. Joseph when she was only twelve or fourteen.[4] As late as the mid-19th century, the United Kingdom's Offences against the Person Act legally allowed sexual relations with twelve year-olds.[5] Around the same time in the United States, each state determined its own criminal law with age of consent ranging from ten to twelve years of age. It is only at the beginning of the late 19th century, spurred on by the Industrial Revolution's rapid economic growth and technological development, that attitudes shifted toward setting the age higher and higher.[6] Therefore, it should not be surprising that the development of classical Islamic law into centralized state systems followed a similar trajectory as other societies. Why is this issue important today? Sexual relations are religiously unlawful in Islam in the absence of a contract of marriage or concubinage. Concubinage disappeared when the Muslim world martialed Islamic legal

Sign up for access to the world's latest research.

checkGet notified about relevant papers

checkSave papers to use in your research

checkJoin the discussion with peers

checkTrack your impact