Saturday, 26 December 2009

Age of Bulugh for women (6 - final)

Now we have seen the arguments on both sides, it is up to you to decide!

To me, the age of 9 would normally seem very arbitrary, especially as there is no minimum age for boys. However, with the first set of narrations, there is a wonder as to why the age of 9 is mentioned at all, even though it is never mentioned on its own. Potential reasons seem to be:

• Cultural phenomenon where at that time, 9 was the age when most girls got their period…etc. [this is backed up by the third narration which says: “that is because she gets her period at 9”

• 9 is the minimum age rather than the maximum age at which one could be baligh i.e. if you are 9 AND get your period…so if you get your period before then, that does not count

• The arguments proposed by Ayatullah Saanei

All at least give some doubt as to its authenticity. We then see some of the Qur`anic proofs put forward by Ayatullah Saanei and they seem to suggest that age is not a reason at all. At the minimum, if it is a reason, it is doubtful and the rule of istis-hab works. For me, this shows that the readiness to get married i.e. physical maturity is the factor, which determines bulugh.

(for maximum age, as there is one for guys, it seems that there should be one for girls just to ensure all are baligh and those with exceptional physical differences are not treated too differently).


A question that was put to me very well was: we are having a discussion about bulugh but what is bulugh.

There is an important discussion to be had here. When one is able to distinguish between right and wrong, God is able to use that as a basis for judging actions. This could occur from as early as 3 for example. This ability is a hidden factor, and one left for God to judge. Therefore, it CANNOT be the basis for the application of Islamic law by judges here (other laws could be used).

Bulugh is a testable factor, which is the basis when ALL Islamic laws are then applicable on both sides:

• From your side: you are then responsible for your actions being in line with Islamic law
• From the side of society e.g. if there is an Islamic state with hudud punishments, they can only be applicable at this age

Therefore, this age of bulugh is more important from this angle, rather than that of the next life, as God will judge and He is the best of judges.

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