Fatwa of the Month: “A nine-year-old girl has the same sexual capacities as a woman of 20 and over”

A Moroccan Islamic theologian, Mohamed Ben Sheikh Abderrahman Al Maghraoui, has caused a great stir by stating “A nine-year-old girl has the same sexual capacities as a woman of 20 and over”

He issued a fatwa (Islamic edict) where he “legalizes” the union between a child and an adult male. “We found that girls of that age give better benefits than adult women,” he says. “Consequently they are so trained to marry as young of 20 years.”

In the Islamic world, especially in the Arabian Peninsula, marriage between girls and adult males is relatively common, but Muslim theologians have not gone so far in justifying the practice.

Al Maghraoui, a well-known Salafist sheikh, and the author of half a dozen books of theology, posted the fatwa on the website of his association Preaching in the Koran and Sunna. His critics argue that he probably has done it to defend, from a religious point of view, the marriage contracted in secret by one of his friends.

His pronouncement has caused a major scandal in Morocco, but so far there has been no reaction from the authorities. The radical theologian bases his edict in the example of the prophet Muhammad. “Aicha, recalls, had only six years when she became her fiancée but was not married until she turned nine”.

There are “vicious theologians who are capable of putting religion in the service of paedophilia” writes the socialist daily Al Ittihad al Ichtiraki. “The era of our Prophet is completely different from ours. These days a marriage of the kind would be a true injustice towards the girl. A true aberration” says Naji Adib, who heads the association No ones touch my Children, who campaigns in Morocco against this scourge.

“This type of people look at Islam from the point of view which is convenient for them. It is a restrictive vision of Islam. And it is bad. Fatwas like these show the lack of reasoning from those who issue them. I cannot understand via what intellectual road or for what mental construction they come to such aberrations” she added.

Faced with the passivity of the authorities, a lawyer from Rabat, Mourad Bakouri, has taken the initiative to denounce Al Maghraoui for “violation of the Family Code and violation of children’s rights.” The new Moroccan law, which came into force in 2005, stipulates that the minimum age for marriage is 18 years.

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Crossroads in History: The Struggle against Jihad and Supremacist Ideologies

In fighting Islamic supremacism, instead of an approach only based on tactical measures and efforts at clever twists of terminology, what if America had a true strategy that was instead based on the defense of our values on human equality and liberty?

The true challenge of Islamic supremacism to America and the free world is not about Islam, Islamism, or terrorism, but about us. It is a historic challenge to determine whether we truly have the courage of our convictions on equality and liberty and we are willing to fight for these ideals, or if we will instead accept the continuing growth of anti-freedom ideologies here and around the world.

Islamic supremacists are counting on their belief that America is no longer willing to fight for such freedoms, that it has gotten too soft to do so, and that regardless of the success or failure of individual Jihadist tactics, eventually we will tolerate a continued growth of Islamic supremacism. The crossroads in history that we stand at remains whether or not we will prove Islamic supremacists correct, or if the idea defined in our very Declaration of Independence and chiseled in a marble memorial in America’s capital – that “all men are created equal” – is an idea that America will once again sacrifice to defend.

America and the West are at a critical crossroads in history in their faltering struggle with Islamic supremacist ideologies and Jihadist terror tactics. Increasingly, groups seek to halt any meaningful debate and halt any challenge to the ideology behind Jihad, and they seek to redirect such debate and action to focus only on the terrorist symptoms of such a supremacist ideology. Such diversionary efforts are being made by non-violent Islamic supremacist groups and activists, government officials, academics, and media commentators. The solution to this can be found in recognizing how Islamic supremacism (as any supremacist ideology) is opposed to our values, and in understanding America’s historical experience in defeating other supremacist ideologies.

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Muslim cleric arrested for suspected rape of teenager

Mumbai Police arrested the maulvi of a suburban mosque for allegedly raping a 19-year-old girl, on Wednesday.

The maulvi, Altaf Munshi, 47, was nabbed on Wednesday morning after the girl lodged a complaint against him late Tuesday night. Altaf is a maulvi at the Medina Mosque in Vikhroli. Deputy Commissioner of Police Datta Karale told IANS: “On Tuesday afternoon Altaf asked the girl, who stays few buildings away, to come to his house to help him with some religious ceremonies.”

Karale said when the girl went to his house, Altaf assaulted and raped her. The victim lodged a complaint with the Vihroli police, on Tuesday night. Shortly thereafter, the police arrested the maulvi.

The girl has been admitted to a hospital for medical check-up while the maulvi has been charged with rape and sexual assault.

Although the motives and justification for the sexual assault are unknown – on face value what could be learnt?

It is truly fallacious to use such an event to argue that ‘all muslim clerics are rapists’.
Similarly, to claim that because a Catholic clergymen has had paedophilia related allegations means all Catholic clergymen are paedophiles is again just as farfetched.

Nojoud, 8, gets divorce granted after forced marriage

A Yemeni court on Tuesday granted a divorce to an eight-year-old girl whose unemployed father forced her into an arranged marriage this year, saying he feared she might be kidnapped.”I am happy that I am divorced now. I will be able to go back to school,” Nojud Mohammed Ali said, after a public hearing in Sanaa’s court of first instance.

Her former husband, 28-year-old Faez Ali Thameur, said he married the child “with her consent and that of her parents” but that he did not object to her divorce petition.

In response to a question from Judge Mohammed al-Qadhi, he acknowledged that the “marriage was consummated, but I did not beat her.”

Yemen, one of the world’s poorest countries, has no law governing the minimum age of marriage.

Nojud was a second grader in primary school when the marriage took place two and a half months ago.

“They asked me to sign the marriage contract and remain in my father’s house until I was 18. But a week after signing, my father and my mother forced me to go live with him.”

Nojud’s father, Mohammad Ali Al-Ahdal, said he had felt obliged to marry off his daughter, an act he claims she consented to.

He said he was frightened after his oldest daughter had been kidnapped several years ago and later married to her abductor. He said the same man then kidnapped another of his daughters who was already married and had four children, resulting in him being jailed.

Dressed in traditional black, Nojud said she would now go to live in the home of her maternal uncle and did not want to see her father.

The girl’s lawyer, Shadha Nasser, said Nojud’s case was not unique. “I believe there are thousands of similar cases,” she said, adding that civil society groups are pressing parliament to set the minimum age for marriage at 18.

Although this will not right the abuse against her it has put a stop to it. I hope others in her position can learn from her example to stand up for their own rights.

8-year-old girl asks for divorce in court (Yemen)

Brave Nojoud Muhammed Nasser YT
(Photo by Hamed Thabet)

SANA’A, April 9 – An eight-year-old girl decided last week to go the Sana’a West Court to prosecute her father, who forced her to marry a 30-year-old man.

Nojoud Muhammed Nasser arrived at court by herself on Wednesday, April 2, looking for a judge to handle her case against her father, Muhammed Nasser, who forced her two months ago to marry Faez Ali Thamer, a man 22 years her senior. The child also asked for a divorce, accusing her husband of sexual and domestic abuse.

According to Yemeni law, Nojoud cannot prosecute, as she is underage. However, court judge Muhammed Al-Qathi heard her complaint and subsequently ordered the arrests of both her father and husband.

“My father beat me and told me that I must marry this man, and if I did not, I would be raped and no law and no sheikh in this country would help me. I refused but I couldn’t stop the marriage,” Nojoud Nasser told the Yemen Times. “I asked and begged my mother, father, and aunt to help me to get divorced. They answered, ‘We can do nothing. If you want you can go to court by yourself.’ So this is what I have done,” she said.

Nasser said that she was exposed to sexual abuse and domestic violence by her husband. “He used to do bad things to me, and I had no idea as to what a marriage is. I would run from one room to another in order to escape, but in the end he would catch me and beat me and then continued to do what he wanted. I cried so much but no one listened to me. One day I ran away from him and came to the court and talked to them.”

“Whenever I wanted to play in the yard he beat me and asked me to go to the bedroom with him. This lasted for two months,” added Nasser. “He was too tough with me, and whenever I asked him for mercy, he beat me and slapped me and then used me. I just want to have a respectful life and divorce him.”

Nasser’s uncle, who does not want to reveal his name, is following the case now as her guardian. According to her uncle, after Muhammed Nasser, the girl’s father, lost his job as a garbage truck driver in Hajjah, he became a beggar, and soon after suffered from mental problems.

Thamer is in jail now. “Yes I was intimate with her, but I have done nothing wrong, as she is my wife and I have the right and no one can stop me,” he said. “But if t

The husband YT Photo by Hamed Thabet

he judge or other people insist that I divorce her, I will do it, it’s ok.”

So far, no accusations have been made against her father, who was later released due to health problems, or Nasser’s husband, who will remain in jail for further investigation.

“So far there is no case and no charges, as Nojoud arrived by herself to court asking just for a divorce,“ said Shatha Ali Nasser, a lawyer in the Supreme Court who is following Nojoud Nasser’s story.

Shatha Ali Nasser confirmed that item number 15 in Yemeni civil law reads that “no girl or boy can get married before the age of 15.” However, this item was amended in 1998 so parents could make a contract of marriage between their children even if they are under the age of 15. But the husband cannot be intimate with her until she is ready or mature,” said Nasser.“This law is highly dangerous because it brings an end to a young girl’s happiness and future fruitful life. Nojoud did not get married, but she was raped by a 30-year old man.”

Nasser confirmed that Nojoud Nasser’s case is not the first of its kind in Yemen, but it is the first time that a girl went to court by herself to ask for a divorce.

“We are not planning to return Nojoud to her family. Who knows? Maybe after a few years the same thing will happen to her again,” said Shatha Ali Nasser. “We are planning to put her in Dar Al-Rahama [an non-governmental organization that works with children], where she can have a better life and education. We do not want her family to pay her expenses, as they are poor.”

Congratulations to this young girl for standing up for herself and her rights as a human.

Article source: Yemen Times