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Recordings › A Reply to Abdullah Sameer's Allegation: The Quran Teaches Paedophilia | Mufti Abu Layth · 25 Jul 2019 › Segment 9 of 11

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Did Imam Malik allow marriage to be consummated with a girl who was not yet nubile?

malik ibn anas malik bin anas imam maalik imam malik ibn anas imaam imams prayer leader fatwah fatawa fatwaa fataawa legal opinion muftis haraam forbidden sunna sunnat sunan prophetic practice koran quraan al-quran ayah aya ayat ayaat aayah aayat ulama ulema ulamaa nikah nikkah nikaah nikah nama nikahnama talaq talaaq triple talaq talak

Imam Malik's fatwa, the fatwas of men shaped by patriarchy, and the commentators who did not include girls

LessonRecorded 25 Jul 2019Ponderings on the Holy QuranSegment 9 of 11 in the recording2019-07-25-S09

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This segment27:19 to 29:58 · 2 min 39 sGeneral teaching

What this part covers

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No: Mufti Abu Layth says Imam Malik's fatwa was clear that sexual relations with a wife are haram unless she is nubile. Scholars who read 65:4 to include girls were men influenced by the patriarchy of their age and were wrong, while others such as Ibn Ashur, al-Samarqandi, Abu Hayyan and al-Alusi did not read it so.

In more detail

Finishing the point on pregnancy, Mufti Abu Layth says that if the verse concerned a child nobody would expect her to be pregnant, so the reading is stupid; he accepts that quite a few Muslim scholars wrote it in their books, but it is not in the Quran or the Sunnah, as the verse-by-verse reading has shown. He says Imam Malik was very clear in his fatwa that any sexual relationship with a wife was haram unless she was nubile. He stresses that fatwas are issued by men, as he himself issues them as a mufti, and that some fatwas of the past were wrong or influenced by the global patriarchy in which their authors lived, which does not make them Islam. Where scholars said it, he says, Muslims should accept that they were wrong, while noting that other scholars did not: he recaps Ibn Ashur, al-Samarqandi, who speaks only of old women, Abu Hayyan, who records the view about young age but refers the phrase to illness, and al-Alusi. He concludes that the Quran categorically addresses the divorced as women because that is what they are.

Position stated

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Mufti Abu Layth holds that Imam Malik ruled sexual relations with a wife haram unless she was nubile, and that the commentators who read 65:4 to include girls were wrong and influenced by the patriarchy of their age, which is not Islam.

In his words

“Imam Malik was very clear in his fatwa that it was Haram right to have to have any kind of sexual relationship with any with a woman I mean through marriage unless she was nubile”

Category: historical claim

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Kind: general teaching

Transcript

machine27:19 to 29:58 · click a time to seek · dotted terms open the glossary
26:40

what if okay what if the dimensional cycle isn't so apparent what if you're not so sure what if they don't have regular cycles what if they're pregnant what should you do now tell me if it was if they trying to say this was a little girl why would you think that the little girl was pregnant anyway why would they think that they wouldn't think that a six-year-old was pregnant anyway so what would be the purpose of saying oh let her sit and either just in case go straight after it straight after II Allah says and what we'll have to laugh

27:19

Miley RG Luna and if they have pregnancy then there is still childbirth if you thought it's a child then you wouldn't be expecting the child to be pregnant so this is stupid but yes yes we have to accept that unfortunately some scholars there's been quite a few Muslim scholars have written that in their books it's not in the Quran it's not in the in the Sunnah it's if you look at the whole verses of the Quran the verses of the Quran that I've read them verse by verse and demonstrate

27:59

and shown to you that look it's very clear what the verses are speaking about Imam Malik was very clear in his fatwa that it was Haram right to have to have any kind of sexual relationship with any with a woman I mean through marriage unless she was nubile he's very clear about that in his fourth hour now what I'm trying to say is the Fatah WA of men men that make up fat ones like I'm a Mufti I could I do issue fatwas like that in the past there were many scholars the only she thought was just because some of their fat hour were

28:38

wacko or worse were influenced by the the kind of Oh the kind that the global patriarchy in which they lived doesn't mean that was Islam so yes if scholars have said it we will accept that that's wrong if they said but there were other scholars that didn't say it if not sure I highlighted these these more for city and that demonstrate they don't mention some of the summer countries only about old women you see a bhai yen highlighting although he say some people have said about this being young age but he says

29:18

about oh it's about illness people that don't get and Meza fee quotes him as well on sorry Lucy also calls manga but yes just because scholars have said things like that wherever they've been wrong will accept that they were wrong but that is not Allah and it is not his messenger and that is men and their opinions who was subject and influenced by they day and age so I hope that shed some light the Quran categorically addresses the wives here divorce as women because they are women at that stage right it does not say but not it

29:57

does not say you know Fateh yet even in this it could have said Fatiha to be fair because what the earth can still be girls in their late teens and things like this but here it actually addressed them as women okay so and you definitely in Arabic do not refer to little girls as women just as you do not refer to little boys Oh lad as a region right so I hope that sheds enough light so we you've got and there's a no Sully principle that we something has is Matta shabbiha so you've got this verse here saying and those who do not have their

Paragraphs overlapping 27:19 to 29:58. Full text on the recording page.

Cite this segment

Stable id, transcript version and tier are part of the citation. Every change to a transcript is logged.

Mufti Abu Layth Archive, segment 2019-07-25-S09, auto-transcribed, may contain errors. https://muftiabulayth.org/r/t-x4lyns2ve/s/9/ (accessed 1 November 2026)

APA 7
Mufti Abu Layth. (2019, July 25). Did Imam Malik allow marriage to be consummated with a girl who was not yet nubile? [Video, segment 2019-07-25-S09, auto-transcribed, may contain errors]. Mufti Abu Layth Archive. Retrieved November 1, 2026, from https://muftiabulayth.org/r/t-x4lyns2ve/s/9/
Chicago author-date
Mufti Abu Layth. 2019. "Did Imam Malik allow marriage to be consummated with a girl who was not yet nubile?" Video, segment 2019-07-25-S09, auto-transcribed, may contain errors. Mufti Abu Layth Archive. Recorded July 25, 2019. Accessed November 1, 2026. https://muftiabulayth.org/r/t-x4lyns2ve/s/9/
BibTeX
@misc{abulayth-2019-07-25-S09,
  author = {Mufti Abu Layth},
  title = {{Did Imam Malik allow marriage to be consummated with a girl who was not yet nubile?}},
  year = {2019},
  month = {7},
  date = {2019-07-25},
  howpublished = {\url{https://muftiabulayth.org/r/t-x4lyns2ve/s/9/}},
  url = {https://muftiabulayth.org/r/t-x4lyns2ve/s/9/},
  organization = {Mufti Abu Layth Archive},
  urldate = {2026-11-01},
  note = {Segment 2019-07-25-S09, auto-transcribed, may contain errors}
}
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