ISLAM AND CHILD MARRIAGE: CLARIFYING MISCONCEPTIONS THROUGH FAITH AND FACTS:

“We have lost a lot of girls here to child marriage. It has been normalized and school dropout is very high particularly among girls. Being a predominantly Muslim community, the families are so inclined to their Quranic teaching which they say permits them to marry off a girl as soon as she begins her menstrual cycle. As a result, girls keeps dropping out of school as early as in primary four to get married”.

This was one of the most striking revelation by Ms. Manake Hajara, a senior woman teacher at Bubyangu Primary school, during one of the Uganda Youth and Adolescents Health Forum baseline study for the ‘Giving Girls Voice, Choice, and Control’ project, funded by the Obama Foundation through the Girls Opportunity Alliance in Mbale district, Eastern Uganda in 2024.

It is important to acknowledge that several Muslim majority countries exhibit high rates of child marriage, with notable examples including Niger (76%), Bangladesh (51%), Nigeria (50%) particularly in the predominantly Muslim northern states, Chad, Mali, Yemen, Egypt (17%), and Indonesia (16%). While the prevalence of child marriage in these countries may suggest a religious dimension, it is largely influenced by a complex interplay of factors, including entrenched cultural and traditional practices, patriarchal social norms, and the misinterpretation or misuse of religious teachings. These drivers often perpetuate gender inequality and hinder the realization of girls’ rights to education, health, and autonomy. It is critical to distinguish between cultural practices that predate or distort religious doctrine and the core teachings of Islam, which emphasize consent, maturity, and the well-being of both spouses in marital relationships.

Although in Uganda, the national prevalence rate of child marriage stands at 34%, there is no precise statistics directly linking the prevalence of the practice to the Islamic religion or to the demographic composition of predominantly Muslim communities. But verbal reports and narrations from communities such as Bufumba and Bubyangu in Mbale District that we have practically interfaced with highlights recurring claims that early marriage is influenced by the Islamic religious interpretations. These localized accounts, though not yet supported by empirical data, present a compelling case for targeted research aimed at exploring the extent to which religious beliefs and cultural norms intersect to influence child marriage practices. Establishing such evidence through specialized, context-specific studies would contribute significantly to the development of culturally responsive interventions and policies.

Hajara’s narrative might not be an entirely new concept to me; however, it proved especially thought-provoking. It highlighted a critical insight: that advocacy efforts aimed at addressing Sexual and Reproductive Health (SRH) and Sexual and Gender-Based Violence (SGBV), especially in combating harmful practices such as child marriage, may yield limited impact if we do not incorporate a comprehensive understanding of the underlying socio -cultural and un grounded religious beliefs that sustain these practices.

Having been raised in a traditionally Muslim background, graduated from an Organization of Islamic Cooperation (OIC) affiliated prestigious Institution Islamic University in Uganda  and now working  as a human rights and sexual and reproductive health (SRH) advocate, I felt a personal and professional responsibility to explore the religious basis often cited in justification of child marriage in some Muslim communities. Through in-depth consultations with Muslim scholars from the Sharia Department at the Islamic University in Uganda, alongside a critical review of key Islamic texts and diverse scholarly interpretations and publications/briefs from the Organization of Islamic cooperation, I came to the clear conclusion that child marriage is not a religious obligation in Islam. Rather, it is a cultural practice often misattributed to the faith due to misinterpretation of specific Quranic verses and the hadith or narrations of the Prophet Muhamad (PBUH). This article aims to present a comprehensive analysis of Islamic teachings on marriage, challenging prevailing misconceptions and highlighting the principles of consent, maturity, and protection of rights that are central to Islamic jurisprudence.

Islam is a religion rooted in justice, compassion, and the protection of human dignity. Quran, Surah An-Nisa-58 talks about justice in dealing with people and the importance of fairness in the societal framework. Among its core values, Islam places a significant emphasis on the rights of girls and women, as outlined in Surah A-Nisa 34 which instructs men to act as protectors and supporters of women. However, in numerous Muslim communities, particularly in Uganda, certain teachings of the Qur’an, especially those concerning marriage, have been misrepresented due to various factors, including a lack of comprehensive knowledge and understanding of both the Qur’an and Hadith. Consequently, many individuals misinterpret Islamic teachings, using them to justify harmful practices such as child marriage an issue that has undermined decades of global efforts aimed at eradicating child marriage, and this has left many Islamic followers in the dark of the actual truth of their faith and beliefs.

To better understand this context, I refer to Surah Al-Baqarah (2:120) which states:

“Say, ‘Indeed, the guidance of Allah is the only guidance.’ If you were to follow their desires after the knowledge that has come to you, you would have no protector or helper against Allah.”

This verse reinforces the fundamental principle that the Qur’an serves as a complete and divine guide for humanity. It cautions believers against substituting divine guidance with personal or cultural interpretations that deviate from revealed truth. In this light, the Quran is not just as a religious text, but as a comprehensive framework for justice, ethics, and human dignity.

Distinguishing Culture from Religion. In both the Bible and the Qur’an, early marriage was historically practiced among pre-Islamic and ancient communities. For example, in the Jahiliyya period in Mecca, long before the Qur’an was revealed, Arab societies practiced child marriage, arranged family matchmaking, and even the burying of girl children. These customs were cultural, not religious.

It is crucial to recognize that, in the context of Islam’s expansion beyond Arabia, many local Arab cultural practices and ways of life were erroneously incorporated into the religion over time. For example, the wearing of the kanzu and turban are more of cultural practices rather than religious mandates. Similarly, harmful customs such as child marriage, which was a prevalent and often brutal cultural norm in pre-Islamic Arab society, were among the practices that became mistakenly associated with Islam by many converts. However, these detrimental practices and cultural norms were precisely the kinds of issues the Qur’an was revealed to regulate and reform, not to endorse. Surah At-Takwir 81:8-9

Islam and Women’s Rights: Surah Al-Mumtahanah (60:12) emphasizes the protection of women from abuse. The Qur’an and Hadith consistently emphasize the value and dignity of women. Prophet Muhammad (SAW) in his final sermon commanded followers to treat women well. A famous Hadith narrated by Bukhari and Muslim illustrates this:

“A man came to the Prophet and asked, ‘Who among the people is the most worthy of my good companionship?’ The Prophet said, ‘Your mother.’ The man asked again, ‘Then who?’ The Prophet said, ‘Your mother.’ He asked a third time, and the Prophet repeated, ‘Your mother.’ Then he asked a fourth time, and the Prophet said, ‘Your father.”  This emphasis on maternal respect reflects the broader Islamic view on the sanctity and value of a female specie (women and girls). Another narration from Tirmidhi quotes the Prophet saying: “Indeed, I order you to be good to women, for they are under your protection. You do not own them.

Islam, Consent, and Marriage Age: Islam does not fix a specific numerical age for marriage. Instead, it emphasizes maturity (physical, emotional, and financial) and mutual consent. Surah An-Nur (24:32) supports the idea that marriage must be a responsible, dignified, and consensual act, not one driven by coercion, tradition, or exploitation. It provides a strong argument against child or forced marriages, especially when poverty is used as a justification and encourages marriage for those who are capable of fulfilling its responsibilities as it quotes “And marry those among you who are single… if they are needy, Allah will enrich them out of His grace.”

The key principles here are maturity and consent. Islamic jurisprudence (fiqh) acknowledges that readiness for marriage involves more than reaching puberty. A person must be able to understand and fulfill marital obligations.

Importantly, Islam also commands its followers to obey the laws of their country and those in authority as long as those laws do not contradict core Islamic obligations. Therefore, if the law in Uganda, just to be particular sets the legal age of marriage at 18, Muslims within Uganda are religiously obligated to respect it with no exception.

“O you who have believed, obey Allah and obey the Messenger and those in authority among you…”  Surah An-Nisa (4:59)

Child Marriage: Islamic Law vs. Local Law: In many Muslim-majority countries, including Egypt, Morocco, and Indonesia, legal reforms have established the minimum marriage age at 18 to protect young girls from early marriage and its consequences. These decisions are based on Islamic principles clearly highlighted in the Holy Quran that prioritize justice, protection of the vulnerable, and the well-being of individuals. Regrettably, in many contexts, numerous clerics remain anchored in traditional interpretations and are resistant to new learning and research, perceiving secular theories and global human rights efforts as threats to faith. This mindset contributes to the continued perpetuation of harmful practices including child marriage.

WHAT NEEDS TO BE DONE:

Addressing these misconceptions has remained a persistent challenge for decades of advocacy, not only in Uganda but globally. This issue is partly attributed to the ongoing conflict between modern principles and religious contexts, where divergent approaches have often led to disunity rather than cohesion. In many instances, faith-based institutions perceive certain modern approaches as threats to religious values. This highlights the urgent need to reconsider and refine advocacy strategies and approaches that are more accommodative to the perspectives of faith gatekeepers to have their buy ins. Practical approaches, not limited to the following, may include:

• Faith-Based Coalition Capacity Building: Working with existing faith based regulatory bodies like the Uganda Muslim supreme council and forming networks of progressive and highly informed and open-minded Muslim leaders and Ulamah/sheikhs at grassroot level to champion reforms and challenge myths and misconceptions.

• Capacity Building for Religious Leaders: Work with faith experts, Islamic institution of Higher learning like the Islamic University in Uganda which a trusted Islamic scientific research institutes to mobilize and equip local imams and community sheikhs with accurate Islamic teachings regarding women’s rights and marriage in the modern context.

• Faith Based Community Dialogues: Organize grassroots forums with parents, religious leaders, and youth to debunk harmful myths.
• Young people focused School and Community Based Sensitization: Integrate discussions on religion vs human rights, and reproductive health into Islamic school curricula and madrasa sessions.

Conclusion: From my perspective, as expressed in this article and supported by numerous verses from the Holy Quran and the narrations and hadiths of the Prophet Muhammad (PBUH) and his companions, Islam cannot be regarded as an adversary to women’s rights. On the contrary, Islam provides some of the most comprehensive and robust protections for the rights, dignity, consent, and justice of women and girls. These protections extend across spiritual, political, and socio-economic dimensions, aligning with the broader principles of human rights and the upholding of dignity for women and girls. Islamic teachings advocate for the fair treatment, respect, and empowerment of women, offering a foundation for their equality and well-being in both the private and public spheres.

It is the responsibility of faith leaders and advocates to ensure that religion is not misinterpreted or misused to justify the violation of the rights of children, women, or humanity at large. Religion should be a source of moral guidance that upholds justice, dignity, and compassion. There is a critical need to foster an objective alignment between religious teachings, legal frameworks, and advocacy efforts, with the aim of advancing actions that are consistent with universally accepted human rights standards. Such an integrated approach not only strengthens the protection of vulnerable groups but also reinforces the role of faith as a positive force for social justice and equality.

Article by Haruna Musa, Public Health Communication Practitioner, SRH Advocate and the Communication Manager at the Uganda Youth and Adolescents Health Forum. Email: hmusa@uyahf.com Contact: +256783994369