To justify the persecution of Ahmadis, Anti-Ahmadis use an excuse that the Ahmadi Muslims consider all non-Ahmadis Kafir (non-Muslim). They use this allegation to further incite hatred and violence against the community whose members are already killed, imprisoned, their mosques destroyed and graves desecrated.

In this article, we will expose the hypocrisy of the Anti-Ahmadis and show the authentic belief of the Ahmadiyya Muslim Community regarding the status of non-Ahmadi Muslims.

Implication of the Takfir of Sunnis and Shias

When the ‘Sunnis’ and Shias declare someone a Kafir, this is what it implies:

1. They have become apostates. Thus, their blood is Halal and must be killed.
2. They will burn in Hell for eternity,

The takfir of the Sunnis and Shias is a disgusting murder tool through which they have spilled the blood of hundreds and thousands. This takfir causes murder of innocents even today and the prime example for this is the murder of 100s of innocent Ahmadis in the recent decades, all across the world, especially Pakistan.

This severity of the Takfir of ‘Sunnis’ was mentioned by Mirza Ghulam Ahmad (AS) more than a century ago.

About 200 maulawis put their seals of affirmation on it and I was declared a kafir [disbeliever]. These edicts were so harsh that some of the clerics even declared that my followers and I are worse than the Jews and Christians in our kufr. In general, edicts were issued stating, ‘These people should not be buried in Muslim graveyards, nor greeted with the greeting of peace, nor should a handshake be extended to them.’ Also, they declared that since we are kafirs, it is not permissible to offer prayers behind us. Rather, we should not be allowed to enter the mosques because we are disbelievers; mosques become defiled by us and if we do enter, the mosque ought to be thoroughly washed. Moreover, it is permissible to steal our goods, and we deserve execution because we deny the coming of a murderous Mahdi and repudiate jihad [with the sword].

[Haqiqatul Wahi, pg. 142]

Ahmadi Muslims reject such filthy beliefs. These are not proven from either the Holy Quran or the words and actions of our beloved Prophet Muhammad (SAW). The 2nd Khalifa of Ahmadiyya Islam, Mirza Basheerudin Mahmud Ahmad (RA) clarifies that we do not hold such unislamic beliefs:

Moreover, there is a great deal of difference between our definition of Kufr and theirs. They understand by Kufr to mean the denial of Islam, which is the meaning we do not ascribe to this term when using it about the non-Ahmadis. Our view is that if a person conforms to the tenets and teachings of Islam to a given extent, he is entitled to be called a Muslim.

But when he falls below even that point then although he may be called a Muslim, he cannot be regarded a perfect Muslim. We never allege on the basis of this definition that every Kafir is doomed to hell-fire for ever. We do not call even the Jews and the Christians to be Kafirs of that description.

[Political Solidarity of Islam, pg. 9]

Who initiated Takfir first?

It was the Sunnis and Shias who first declared Takfir of Mirza Ghulam Ahmad Qadiani (AS) and his followers. In 1891, when the Promised Messiah (AS) claimed to be the Messiah and proved that Isa (AS) has died, Muhammad Hussain Batalvi travelled throughout the Indian subcontinent to gather signatures of 100s of scholars on the Fatwa of the Takfir of Mirza Ghulam Ahmad (AS).¹

Over the next decades, these scholars also continued to publish numerous such articles and pamphlets that incited the mobs for the murder of Mirza Ghulam Ahmad (AS) and his followers. This continues till this day and these references are posted elsewhere for the brevity of this article. [Add ref]

Mirza Ghulam Ahmad (AS) challenged them to prove he takfired non-Ahmadis first. He says:

Can any maulawi, or any other opponent, or any custodian of a shrine prove that we were the first to issue edicts of apostasy against them? Let them produce any document, announcement, or treatise published by me prior to their own edicts of apostasy against us, in which I had pronounced my Muslim antagonists to be kafirs; otherwise, they should consider how dishonest it is that they are the ones who declared us to be kafirs, yet accuse us of denouncing all Muslims as kafirs.

[Haqiqatul Wahi, pg. 143]

Takfir of a Muslim renders one a Kafir

So it is a hypocrisy of the Anti-Ahmadis to complain that we Takfir them when they were the ones who initiated it. For argument’s sake, even if Ahmadis did Takfir Sunnis and Shias, it would still be okay as the Prophet Muhammad (SAW) said that if a Muslim Takfirs another Muslim, he himself becomes a Kafir:

إِذَا قَالَ الرَّجُلُ لأَخِيهِ يَا كَافِرُ فَقَدْ بَاءَ بِهِ أَحَدُهُمَا

Narrated Abu Huraira:

Allah’s Messenger (ﷺ) said, “If a man says to his brother, O Kafir (disbeliever)!’ Then surely one of them is such (i.e., a Kafir). “

[Sahih al-Bukhari 6103]

And lastly—even if Ahmadi Muslims did declare the Sunnis and Shias as Wajib-ul-Qatl (liable to be killed) and eternally hell-bound in the same vicious manner that they do—it’s surprising to see them play the victim. We are only repeating the Fatwa of the Prophet Muhammad (SAW). But we don’t even do such a thing.

Khalifatul Masih II (RA) mentions this as well:

غیر احمدیوں نے جب احمدیوں پر فتویٰ لگایا تو انہوں نے انہیں دائمی جہنمی قرار دیا لیکن احمدیوں نے جب کسی پر فتویٰ لگایا تو ساتھ ہی یہ کہہ دیا کہ اول تو اس فتویٰ کے یہ معنی نہیں کہ اسلام کی جامع و مانع تعریف سے وہ نکل گئے ہیں۔ دوم لفظ گفر کا اگر کسی معنوں میں بھی اُن پر اطلاق ہو تو اس کا یہ مطلب نہیں کہ وہ خدا تعالیٰ کے نزدیک بھی قابل مواخذہ ہیں۔ اللہ تعالیٰ کا مواخذہ محض بد نیتی اور اتمام حجت پر ہوا کرتا ہے۔ اگر اُن کی نیت نیک ہے اور اگر اُن پر اتمام حجت نہیں ہوا تو وہ کسی سزا کے مستحق نہیں۔

When non-Ahmadis issued a fatwa against Ahmadis, they declared them to be eternally destined for hell. But when Ahmadis issued a fatwa against anyone, they simultaneously stated that firstly, this fatwa does not mean that they have been expelled from the comprehensive and exclusive definition of Islam (Millat-e-Islam).

Secondly, if the word kufr applies to them in any sense, it does not mean that they are also accountable before Allah the Almighty. Allah the Almighty’s accountability is solely based on ill-intention and the completion of proof (itmam-e-hujjat). If their intention is good and if the proof has not been completed against them, then they are not deserving of any punishment.

[Anwarul Ulum, vol. 23, pg. 372, Masala Wahi-e-Nabuwat ke Mutaliq Islami Nazariya]

Definition of a Muslim

Before we can define who is a Kafir, and who is not, we need to look at the definition of a Muslim as per the Quran and Hadith and we need to look who has the right to call himself a Muslim? Luckily, our beloved Prophet, Muhammad (SAW) has made it extremely simple for us.

When doing a census of Medina, the Prophet (SAW) did not ask individual Muslims for their Aqeedah (belief) breakdown. All he requested was to ask people if they claim to be Muslim.

The Prophet (ﷺ) said (to us),

“List the names of those people who have announced that they are Muslims.”

So, we listed one thousand and five hundred men.

[Sahih al-Bukhari 3060]

Notice, that he did not ask each person to detail their Aqeedah. He did not ask if that person believes Allah is above the Arsh or He has 2 eyes or rejects a certain belief and so on, something that Muslims do today. Similarly, the Prophet (SAW) defines who is a Muslim in another hadith. He says:

“Whoever prays like us and faces our Qibla and eats our slaughtered animals is a Muslim and is under Allah’s and His Apostle’s protection. So do not betray Allah by betraying those who are in His protection.”

[Sahih al-Bukhari 391]

In summary, anyone who claims to be a Muslim has the full right to call himself a Muslim. Anyone who prays like a Muslim and eats the Zabiha (slaughtered meat) like a Muslim, has the full protection of a Allah and his prophet. This further refutes the unislamic and disguting belief of the ‘Sunnis’ and Shias that calls for the murder of those who are declared Kafir.

The 2nd Khalifa of Ahmadiyya Muslim Community, Mirza Basheerudin Mahmud Ahmad (RA) says the following after mentioning the above ahadith:

From all these references, it is proven that for inclusion in the Islamic community (Millat-e-Islam), merely reciting the Kalima (declaration of faith) is sufficient. There is no other matter that is necessary for inclusion in the Islamic community.

[Anwarul Ulum, vol. 23, pg. 348, Masala Wahi-e-Nabuwat ke Mutaliq Islami Nazariya]

Status of non Ahmadis in an Ahmadi state

Finally, one may ask that if Ahmadi Muslims did not initiate the Takfir of the non-Ahmadi Muslims and the Ahmadis don’t call for the murder of non-Ahmadis, then what is their status?

The answer is that anyone claims to be a Muslim will be given the rights of a Muslim. That person is far more closer to Ahmadi Muslims than anyone else. They are closer to us than the Jews and Christians. They will be given the same status within an Ahmadi Muslim state as any Ahmadi Muslim. No Jizya will be taken from them nor any other discrimination will be done to them.

This is contrary to how Ahmadi Muslims are treated in the Sunni and Shia countries. For example, in Pakistan, it is illegal for us to even say Islamic terms like Asslam-o-Alaikum, Alhmadulillah etc. Our mosques are destroyed, graves desecrated and Ahmadi Muslims murdered and jailed regularly.

Non-Ahmadi Muslims are not True Muslims

As explained in the previous sections, Ahmadi Muslims believe that anyone who calls themselves Muslim will have the right to do so. No one can take that right from them or force them to do otherwise. But just like all the sects of Muslims, we also believe that no one else is a true Muslim except us.

Honesty requires that we be truthful. It was the prophecy of the Holy Prophet Muhammad (SAW) that in the latter days, Muslims will become just like the Jews and divided into numerous sects. Only 1 of them will be right while the rest would be Hell-bound. Ahmadiyya Muslim Community is that 1 Heaven-bound sect.

It was narrated from ‘Awf bin Malik that the Messenger of Allah(ﷺ) said:

“The Jews split into seventy-one sects, one of which will be in Paradise and seventy in Hell. The Christians split into seventy-two sects, seventy-one of which will be in Hell and one in Paradise. I swear by the One Whose Hand is the soul of Muhammad, my nation will split into seventy-three sects, one of which will be in Paradise and seventy-two in Hell.” It was said: “O Messenger of Allah, who are they?” He said: “The united community.”

[Sunan Ibn Majah 3992]

Moreover, we cannot dare say that those Muslims who do all of the following are true Muslims just like us:

• Istagatha (Asking Dua from the dead saints/prophets)²
• Believe that Quran has abrogated (useless) verses³
• Believe that Isa (AS) will murder innocent women/old/men for merely rejecting Islam ⁴
• Believe that Isa (AS) will abrogate many more verses of Quran when he returns⁵
• Believe that Allah has literal 2 eyes, fingers and other body parts⁶
• Reject ahadith completely (Quranists)
• Believe in Imams/Prophets/Saints who have all knowledge of unseen and control every atom of the universe⁷
• Believe that sex/sexual pleasures with pre-pubescents is allowed⁸

There are many, many more unislamic beliefs that are widespread amongst all the Muslims but for the sake of brevity, we only posted a few.

In short, Ahmadi Muslims are the only only Muslims who follow the true Islam that was followed by the Prophet (SAW) and Sahaba (RA). This is because it is only the Ahmadi Muslims that have accepted the Messiah and Mahdi of the age, whose job was to bring back Muslims to the pure Islam, as taught by the beloved Prophet, Muhammad (SAW).

The rest of the Muslims are only Muslims by name and have full rights to identify themselves as Muslim. This is the summary of the “Takfir” done by the Ahmadis.

Rejection of prophet of Allah deems one a Kafir?

Some ask that denial of any prophet of Allah deems one a Kafir. Since Ahmadis believe that Mirza Ghulam Ahmad Qadiani (AS) is the Messiah and has the status of a Prophet, then how come his denial does not render the non-Ahmadi Muslims as Kafir?

A simple answer to this is that yes, this is exactly why Ahmadi Muslims consider non-Ahmadis to be Kafir i.e they are not true Muslims (Momin) and only Muslims by name.

But again, our takfir does not imply that we kill them or declare them eternally hell-bound or that we stop them from praying Salat or jail them for merely saying “Asslam-o-Alaikum” or “Alhamdulillah”. Or that we consider them to be outside the nation of Islam (Millat-e-Islam). Khalifatul Masih II (RA) explains the same in the Munir Enquiry Commision in 1954

Question: Do you count Mirza Ghulam Ahmad Sahib among those commissioned ones (divinely appointed figures) whose acceptance is necessary to be called a Muslim?

Answer: I have already answered this question before. A person who does not believe in Mirza Ghulam Ahmad Sahib cannot be declared outside the circle of Islam (Millat-e-Islam).

[Anwarul Ulum, vol. 24, pg. 383, Tehqiqati Adalat mein Jama’at Ahmadiyya ka bayan]

Why Takfir is important?

Another question that’s often asked is: why do even Ahmadis do Takfir in the first place? What’s the benefit of it? It’s understood that the Sunnis are calling for the murder of Ahmadis by declaring them disbelievers, and that they were the first to initiate the Takfir. But still—why can’t Ahmadis be the “bigger person” and just ignore it?

Firstly, Ahmadis only bring up the topic of Takfir when asked—either by curious individuals or hostile attackers. We don’t go around labeling people Kafir the way many non-Ahmadi Muslims do, including Sunnis and Shias. They’ve made it into a national sport. We haven’t.

This can be easily confirmed by reviewing any Sunni and Shia books, websites, articles, social media posts, and videos. Each of them will declare us kafir without question. Then check the literature of the Ahmadis and you will notice that those same Sunnis and Shias have been called Muslims repeatedly.

Secondly, the Takfir of non-Ahmadis has been specifically mentioned in our literature addressed to the Lahori Ahmadis. It was never addressed to non-Ahmadi Muslims. So the term Kafir has been used in a way that both Ahmadi groups understand, i.e, it only means they are not true Muslims (Momin), but they still have the right to identify as Muslim and are part of the Millat-e-Islam.

Thirdly, the answer to the question as to why takfir is important lies in understanding the status of the Messiah. According to Sunni and Shia belief, the Messiah who appears in the latter days will hold the rank of a Prophet (Nabi), and his rejection will lead to eternal Hell. In their own theology, rejecting him is no light matter. They also declare the rejectors of that Messiah and Mahdi to be Kafir, worthy of death and eternally Hell-bound.

Ahmadis simply apply that same principle but not the same implication. The rejection of the Promised Messiah, Mirza Ghulam Ahmad Qadiani (AS), is no trivial act. When a person denies him, they’re not just disagreeing with a scholar or ignoring a random saint—they are rejecting the very Messiah and Mahdi prophesied in the Quran, Ahadith, and supported by hundreds of living signs from Allah. Rejecting him is a major sin, and everyone will be accountable before Allah based on their intellect, sincerity, and effort in seeking the truth.

And because the rank of the Messiah is so high, it becomes necessary to state the consequences of denying him. Silence in the face of that would be dishonesty.

Conclusion

The following is the summary of all the points in the article.

1. The non-Ahmadis first initiated Takfir of the Ahmadis.
2. The non-Ahmadis also have the same Takfir fatawa against each others
   • Barelvi Sunni vs Deobandi Sunni vs Salafi
   • Sunni vs Shia
   • Shia vs Shia
3. When non-Ahmadis Takfir, it means:
   • The accused has left Islam entire
   • The accused cannot legally claim to be Muslim or follow any Islamic commadments
   • The accused is Wajib-ul-Qatal (liable for death) as he is an apostate
   • The accused is eternally Hell-bound
4. When Ahmadis used the hadith of the Prophet Muhammad (SAW) to put a Fatwa of Kufr on the non-Ahmadis, even then they were cautious. Non-Ahmadis:
   • Are not outside the Millat-e-Islam (nation of Islam)
   • Are not eternally Hell-Bound
   • Are not Wajib-ul-Qatl (liable for death)
   • Can still identify as Muslim
   • Have all the rights of a Muslim
5. Non-Ahmadis proudly Takfir Ahmadis even today while Ahmadi Muslim literature continues to address all non-Ahmadis as Muslims.

I will end with the following summary by Khalifatul Masih II (RA):

یادر ہے کہ احمدی تمام مسلمان کہلانے والے لوگوں کو اُمتِ محمدیہ میں سمجھتے ہیں اور اگر انہوں نے کسی جگہ پر کافر کا لفظ استعمال بھی کیا ہے تو اس کے صرف یہ معنے ہیں کہ وہ مرزا صاحب کی صداقت کے منکر ہیں یہ معنے نہیں کہ رسولِ کریم صلی اللہ علیہ وسلم کی امت میں نہیں یا اصولِ اسلام کو نہیں مانتے۔کافر کے معنے عربی زبان میں منکر کے ہیں۔جب کوئی شخص مرزا صاحب کو نہیں مانتا تو عربی زبان اس کے لئے کافر کا لفظ ہی استعمال کیا جائے گا لیکن اگر کوئی یہ لفظ بولے تو اس کے معنے کھینچ تان کر یہ کر لیں کہ وہ اسے خدا اور رسول کا منکر کہتا ہے یہ سخت ظلم کی بات ہے۔کبھی احمدیوں نے مسلمانوں کو امت محمدیہ سے خارج نہیں سمجھا۔کبھی احمدیوں نے مسلمان کہلانے والوں کو کلمہ کا منکر قرار نہیں دیا، کبھی احمدیوں نے مسلمانوں کو خدا اور قرآن اور محمد رسول اللہ صلی اللہ علیہ وسلم اور حشر و نشر اور تقدیر کا منکر قرار نہیں دیا۔جب بھی کہا یہی کہا ہے کہ ان سے غلطی ہوئی ہے کہ انہوں نے ایک بڑی بھاری صداقت کا انکار کیا ہے۔یعنی حضرت مرزا صاحب کو جو خدمت دین اور اشاعت کے لئے آئے تھے نہیں مانا اور اس طرح اسلام کی ترقی میں روک بنے۔

It should be remembered that Ahmadis consider all people who call themselves Muslims to be part of the Ummah of Muhammad. And if they have used the word ‘kafir’ (disbeliever) anywhere, it only means that they are deniers of Mirza Sahib’s truthfulness – it does not mean that they are not part of the noble Prophet’s (peace be upon him) Ummah or that they do not accept the principles of Islam. The meaning of ‘kafir’ in the Arabic language is ‘denier.’ When someone does not accept Mirza Sahib, then in the Arabic language the word ‘kafir’ will be used for them. But if someone utters this word and its meaning is stretched and distorted to suggest that they are calling them deniers of God and the Prophet, this is a matter of grave injustice. Ahmadis have never considered Muslims to be outside the Ummah of Muhammad. Ahmadis have never declared those who call themselves Muslims to be deniers of the Kalima (declaration of faith). Ahmadis have never declared Muslims to be deniers of God, the Quran, Muhammad the Messenger of Allah (peace be upon him), resurrection, or divine decree. Whenever they have spoken, they have only said that they (non-Ahmadis) have made an error in that they have denied a great truth – namely, they have not accepted Hazrat Mirza Sahib who came for the service and propagation of the religion, and thus have become an obstacle to the progress of Islam.

[Anwarul Ulum, vol. 24, pg. 26, Mawlana Maudidi ke Risala “Qadiani Masala’ ka Jawab]

References

Non-Ahmadi Muslims (Sunnis and Shias) believe that sexual pleasures with a minor (pre-pubescent) wife are permissible. This belief is shared across all four Sunni madhabs and Shia schools.

Islam teaches the opposite. Islamic law requires consummation only between two consenting adults. Yet non-Ahmadi interpretation allows any intimate interaction before puberty. Sexual intercourse with a pre-pubescent wife is considered lawful if it does not endanger her physically.

For example, a five-year-old girl may be taken to bed by her husband for intimate relations. Her consent is not required since pre-pubescent children cannot provide valid consent.

“Sunni” (Shafi’)

Abū Zakariyyā Yaḥyā ibn Sharaf al-Nawawī (Arabic: أبو زكريا يحيى بن شرف النووي;‎ (631A.H-676A.H) (October 1230–21 December 1277), popularly known as al-Nawawī or Imam Nawawī, was a Sunni Shafi’ite jurist and hadith scholar.^[11] Despite this, he authored numerous and lengthy works ranging from hadith, to theology, biography, and jurisprudence that are still read to this day.

And the sleeping with a minor age wife and having intercourse with her, if the husband and the guardian of the wife agreed upon something that is not harmful for the minor age wife, it is legitimate and if they did not agree upon then Ahmad and Aboo Ubayd say that if she is at nine years of age she can be forced to, not the younger ones, and Malik and Shafi’i and Aboo Hanifah say that the criteria is that she can bear intercourse, and the differences of opinion about this issue comes from these scholars. But the correct opinion is that it does not depend upon age.

[Saheeh Muslim Sharh Al-Nawawi, vol. 9, pg. 295]
[IslamQA]
[Archived link]

“Sunni” (Shafi’)

Ibn Ḥajar al-ʿAsqalānī (Arabic: ابن حجر العسقلاني;^[a] 18 February 1372 – 2 February 1449 CE / 773 – 852 A.H.), or simply Ibn Ḥajar,^[4] was a classic Islamic scholar “whose life work constitutes the final summation of the science of Hadith.”^[6] He authored some 150 works on hadith, history, biography, tafsir, poetry, and Shafi’ijurisprudence, the most valued of which being his commentary of Sahih al-Bukhari, titled Fath al-Bari.^[7]

Nikah of a minor age to an adult is allowed, there is consensus of scholars on this, even if she was in cradle, but he should not sleep with her until she can bear it.

[Fath ul-Bari fi Sharh Saheeh al-Bukhari, vol. 11, pg. 347]
[Archived link]

“Sunni” (Hanafi)

From the famous and most authoritative Fatwa website of “Sunnis”.

According to the Shariah, if a girl is a minor (did not attain puberty), she may be given in marriage by her father. There is no age limit to be intimate with one’s wife even if she is a minor.

[IslamQA]
[Archived link]

“Sunni” (Salafi)

فإن كان المقصود بالسؤال مفاخذة الرجل زوجته الصغيرة فهذا جائز كما بيناه في الفتوى رقم: 56312.

وأما إن كان المقصود بالسؤال مفاخذة غير الزوجة فهذا محرم سواءً كان المفاخذ صغيراً أو كبيراً ذكراً أو أنثى، وهو من مقدمات الوطء الحرام، ولا نظن أن حكم هذا الفعل يخفى على عاقل. وانظر في ذلك الفتوى رقم: 35464.

والله أعلم

Question: What’s the ruling on thighing minors?

Answer: If the question refers to the thighing of a minor wife by her man then this is permissible. But if the question refers to the thighing of a non-wife then it’s forbidden whether it’s the thighing of a minor or an adult, a male or a female.

[Islamweb]
[Archived link]

“Sunni” (Hanafi)

This quote proves that sexual intercourse is allowed even with a pre-pubescent (minor) girl.

If a person has sexual intercourse with a minor girl, ghusl will not be obligatory on her. But in order to get her into the habit, she should be made to bath.

[Bahishti Zewar, pg 71]

The author even supports the idea of making the child do ghusl so she gets into a habit. The author is Ashraf Ali Thanvi, the founder of the Deobandi Sunni sect in Islam. They are Hanafi by Madhab. He has millions of adherents around the world.

“Sunni” (Hanafi)

This is from one of the most important Fiqh books for Hanafis. A 12th-century legal manual by Burhan al-Din al-Marghinani, is considered to be one of the most influential compendiums of Hanafi jurisprudence (fiqh).

Thereafter, the option available to a virgin is annulled by her silence, but the option available to a boy is not annulled, unless he says, “I consent,” or he does something that conveys the meaning of consent, the latter rule applies to a girl as well if her husband has had intercourse with her prior to her puberty. These situations are analogous to the situation at the time of the conclusion of the nikah contract.

[Al Hidayah, pg. 497]

“Sunni”

Syed Abul A’la Maududi is one of the most influential scholars of the past century with millions of followers. In his tafsir of Quran 65:5, he says that the husband can live with a pre-pubescent wife (those who have not started menstruating yet). The Urdu word used is خلوت which includes any relations between a couple, including sex.

اس لیے ایسی لڑکیوں کی عزت بیان کرنا جنھیں حیض آنا شروع نہ ہوا ہو، صریحاً اس بات پر دلالت کرتا ہے کہ اس عمر میں نہ صرف لڑکی کا نکاح کر دینا جائز ہے بلکہ شوہر کا اس کے ساتھ خلوت کرنا بھی جائز ہے۔ اب یہ بات ظاہر ہے کہ جس چیز کو قرآن نے جائز قرار دیا ہو، اسے ممنوع قرار دینے کا کسی مسلمان کوحق نہیں پہنچتا۔

Therefore, regarding mentioning the Iddah for those girls who have not yet started menstruating openly indicates that at this age, not only is it permissible for a girl to get married but it is also permissible for her husband live with her. Now it is evident that whatever has been declared permissible by the Quran, no Muslim has the right to declare it forbidden.

[Tafheem Ul Qur’an, vol. 5, pg. 570-571]

“Sunni” (Hanbali)

Shaykh ʿAbd al-Raḥmān ibn Nāṣir al-Saʿdī (Arabic: الشيخ عبد الرحمن بن ناصر السعدي), also known as al-Siʿdī (1889–1957), was an Islamic Scholar from Saudi Arabia. In the tafsir of Quran 65:4, he proves that the Iddah (waiting period) is needed even for wives that are pre-pubescent i.e they have not started menstruating.

So for those who are thinking how does it prove that one can have sexual relations with a pre-pubesecent? Well, you would have to understand why Iddah (waiting period) is needed. It is needed to make sure that the wife is not pregnant with a baby after the passing away of the husband. So since a pre-pubescent has an Iddah, it proves it is also allowed to have sexual intercourse and other sexual pleasures with her.

Thereafter, the option available to a virgin is annulled by her silence, but the option available to a boy is not annulled, unless he says, “I consent,” or he does something that conveys the meaning of consent, the latter rule applies to a girl as well if her husband has had intercourse with her prior to her puberty. These situations are analogous to the situation at the time of the conclusion of the nikah contract.

[Tafseer As-Sadi, vol. 10, pg. 141]

“Sunni” (Shafi’)

This fatwah is from the Islamqa website under the Shafi’ madhab section. They also agree that Quran allows intercourse with a girl who has not reached puberty. The only consent allowed is that of her father and husband. Her consent does not matter.

Once the young girl is married, she may move in with her husband and partake in sexual intercourse, whether she reached the age of puberty or not, when the following conditions are met:

1. The father permits and deems it an acceptable practice.
2. She could physically bear sexual intercourse
3. Society in terms of its practice and culture approves of it
4. That the law of the country one lives in, is not contravened.

[Islamqa]

“Sunni” (Shafi’)

Umdat as-Salik wa ‘Uddat an-Nasik (Reliance of the Traveller and Tools of the Worshipper, also commonly known by its shorter title Reliance of the Traveller)^[1][2] is a classical manual of fiqh for the Shafi’i school of Islamic jurisprudence.

A waiting period is obligatory for a woman divorced after intercourse, whether the husband and wife are prepubescent, have reached puberty, or one has and the other has not.

[Reliance of Traveller, pg. 567]

“Sunni” (Salafi)

This is one of the most famous contemporary scholars of “Sunnism”. He also explains that Quran 65:4 allows nikah and consummation with pre-pubescent girls.

Marriage of Minors before Puberty with Suitable Consent Unanimously Approved

Praise be to Allah. Following recent times, there has been an increase in journalistic interventions and the interference of journalists in legal rulings without knowledge, which is an action that could have adverse consequences on society. One such intervention is their involvement in the issue of marrying minors who have not reached puberty to suitable partners and their demand to set an age for the marriage of girls. This interference touches upon a legal ruling that refers to the people of knowledge and is based on the Quran and the Sunnah. There is nothing in Sharia law that specifies the age at which a girl can be married. Instead, Sharia law indicates otherwise. Allah Almighty said in Surah At-Talaq: “And those who no longer expect menstruation among your women – if you doubt, then their period is three months, and [also for] those who have not menstruated.” This refers to young girls who have not yet reached the age of menstruation, so their waiting period is three months, similar to those who have not menstruated out of menopausal age. This is evidence from the Quran that young girls can be married, divorced, and subject to waiting periods. The Sunnah also supports this, as the Prophet Muhammad (peace be upon him) married Aisha (may Allah be pleased with her) when she was six years old and consummated the marriage when she was nine. This is evidence from the Sunnah on this matter, and the scholars unanimously agree on its permissibility.

Imam Bukhari said in his Sahih: “Chapter on the marriage of a man’s young daughter.” He mentioned the verse: “And those who no longer expect menstruation.” So, he set their waiting period to three months before puberty. It was narrated by Muhammad ibn Yusuf, who narrated from Sufyan, from Hisham, from his father, from Aisha (may Allah be pleased with her), that the Prophet (peace be upon him) married her when she was six years old and consummated the marriage when she was nine, and she stayed with him for nine years. Al-Hafiz Ibn Hajar said in Al-Fath: He set their waiting period to three months before puberty, which indicates that marrying them before puberty is permissible. This is a good inference, although the verse does not specifically mention this concerning the father or the virgin. The origin of transactions is prohibited unless there is evidence, and there is a hadith narrated by Aisha about her marriage to Abu Bakr while she was still a minor, so whatever is not mentioned therein remains on the original ruling. Ibn Hibban commented on this narration saying that it is agreed upon that it is permissible for a father to marry off his young daughter, even if she has not reached puberty.

Ibn Batal said in his commentary on Sahih Bukhari: “The scholars unanimously agree that fathers can marry off their young daughters, even if they are in their cradle, but their husbands should not consummate the marriage until they are fit for intercourse and capable of bearing children, and their situations vary according to their physical development and capabilities.” When the Prophet (peace be upon him) married Aisha, she was six or seven years old and he consummated the marriage when she was nine. This practice was legislated for this Ummah, just as the companions used to marry in their youth and adulthood without specifying a certain age. No one should legislate except what Allah and His Messenger have legislated because therein lies sufficiency. Whoever opposes this has wronged themselves and legislated for people without Allah’s permission. Allah, the Exalted, said about such people: “Or have they partners [i.e., other deities] who have ordained for them a religion to which Allah has not consented?”

It is obligatory for those who call for setting an age for marriage to fear Allah and not contravene His Sharia or legislate something that Allah has not permitted. Judgment belongs to Allah, and legislation is His right alone, shared by no other. This includes marriage rulings, and Allah has encouraged marriage in the Quran: “And marry the unmarried among you and the righteous among your male slaves and female slaves.” The Prophet (peace be upon him) said: “O young people! Whoever among you is able to marry, should marry, for it helps him lower his gaze and guard his modesty.” May Allah guide everyone to what He loves and is pleased with and protect everyone from contravening His Sharia and religion.

Written by:

Saleh bin Fawzan Al-Fawzan

Member of the Council of Senior Scholars

12/10/1432 Hijri Calendar

[Alfawzan.af.org.sa]
[Archive link]

Shia (Twelvers)

Fatwa of Ayatollah Ruhollah Khomeini, who is one of the most influential Shia scholar to this day.

There is, however, no objection in other enjoyments like touching lasciviously, hugging and rubbing the thighs, even with a suckling infant

[Tahrir Al Vasilah, vol.3, pg 229]

Shia (Twelvers)

Fatwa of Ayatollah Sistani, a Twelver Shia Iranian–Iraqi Grand Ayatollah and marja’.^[1][2][3][4] One of the most senior scholars in Shia Islam,^[5] he has been described as the spiritual leader of Shia Muslims worldwide (as of 2003),^[6] “the undisputed leader of Iraq’s Shias”,^[2] included in top positions of “The Muslim 500: The World’s Most Influential Muslims”, from 2009 to 2023,^[7][8][9] and named one of the 100 most influential people in the world by Time magazine in 2004 and 2005

لا يجوز وطء الزوجة قبل إكمال تسع سنين ، دواماً كان النكاح أو منقطعاً، وأما سائر الاستمتاعات كاللمس بشهوة والتقبيل والضم والتفخيذ فلا بأس بها

Issue #8: It is not permissible to have sexual intercourse (with one’s wife) before she reaches 9 years in age, be it in Nikaah (permanent marriage) or Mut’ah (temporary marriage). As for all other pleasures such as lustful touch, kissing, embracing, and thighing (i.e. rubbing penis between the thighs), there is no problem in it.

[Minhaj al-salihin, vol.3, pg 10]

Shia (Twelvers)

Grand Ayatollah Sayyid Muhammad-Sadiq Husayni Rohani (Persian: محمد صادق حسینی روحانی; 16 July 1926 – 16 December 2022) was an Iranian Shia marja’.

فصل مسألة 1 – لا يجوز وطء الزوجة قبل اكمال تسع سنين حرة كانت أو أمة دواما كان النكاح أو متعة بل لا يجوز وطء المملوكة والمحللة كذلك، وأما الاستمتاع بما عدى الوطء من النظر واللمس بشهوة والضم والتفخيذ فجائز في الجميع ولو في الرضعية.

Issue 1: It is not permissible to have intercourse with a wife before completing nine years of age, whether she is free or enslaved, and whether the marriage is Nikaah (permanent marriage) or Mut’ah (temporary marriage). Likewise for an owned or made lawful slave girl. As for intimacy besides intercourse such as looking, touching with desire, embracing and thighing, it is permissible with all of them, even with a suckling infant.

[Urwa-Tul-Wusqa, vol. 2, pg 469]
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[Archived link]

Shia (Twelvers)

Grand Ayatollah Sayyid Abu al-Qasim al-Musawi al-Khoei was an Iranian-Iraqi Shia marja’. Al-Khoei is considered one of the most influential twelver scholars. After the death of Muhsin al-Hakim in 1970, he became the spiritual leader of much of the Shia world until his death in 1992. He is also the teacher of Sistani!¹

 ومما يزيد في ذلك وضوحاً ملاحظة صحيحة ابن أبي يعفور عن أبي عبدالله (عليه السلام) ، قال في الجارية التي لم تطمث ولم تبلغ الحبل إذا اشتراها الرجل ، قال: «ليسوأما الاستمتاع بما عدا الوطء من النظر واللّمس بشهوة والضم والتفخيذ فجائز في الجميع(1) ولو في الرضيعة

Furthermore, to make this clearer, there is a notable observation from the reliable source, Ibn Abi Ya’fur, who reported from Imam Ja’far al-Sadiq (peace be upon him). He mentioned concerning a young girl who has not yet menstruated and has not reached the age of pregnancy, if a man marries her, he said, “There is no harm in enjoying her in any way other than sexual intercourse, such as looking, touching with desire, embracing, and fondling, and this applies even if she is an infant.”

[Sharh Urwa-Tul-Wusqa, vol. 2, pg 125-126]
[Archived link]

Shia (Twelvers)

Mohammed Kazem Tabataba’i Yazdi (Persian: محمد کاظم یزدی; 1831–1919) was a Twelver Shia Marja’ based in Najaf, most famous for compiling a collection of religious rulings, al-Urwa al-wuthqa. The book is considered as the most prominent compilation and Fiqhi book of him so that it is mentioned there are many—Islamic—scholars who hold this book with themselves.

فصل (مسألة): لا يجوز وطء الزوجة (1) قبل إكمال تسع سنين حرة كانت أو أمة دواما كان النكاح أو متعة، بل لا يجوز (2) وطء المملوكة والمحللة كذلك. وأما الاستمتاع بما عدا الوطء من النظر واللمس بشهوة والضم والتفخيذ فجائز في الجميع ولو في الرضيعة.

Chapter (Issue): It is not permissible to have sexual intercourse with a wife (1) before she completes nine years, whether she is a free woman or a slave, whether it’s in the context of Nikaah (permanent marriage) or Mut’ah (temporary marriage). Moreover, it is not permissible (2) to have sexual intercourse with a female slave or a woman who has been temporarily married. As for enjoying other intimate activities apart from sexual intercourse, such as looking, touching with desire, embracing, and fondling, it is permissible for everyone, even if it involves an infant girl.

[Urwa-Tul-Wusqa, vol. 5, pg. 502]
[Archived link]

Shia (Twelvers)

Muhsin al-Hakim was an Iraqi Shia religious authority.

إذا تزوج الرجل الجارية وهي صغيرة، فلا يدخل بها حتى يأتي لها تسع سنين ” (* ۱)، وفي خبر زرارة عن أبي جعفر (ع): ” قال: لا يدخل جرة كانت أو أمة، دواما كان النكاح أو متعة (۱) بل لا يجوز وطء المملوكة (۲) والمحللة كذلك. وأما الاستمتاع بما عدا الوطء من النظر واللمس بشهوة والضم والتفخيذ، فجائز في الجميع (۱)، ولو في الرضيعة.

“When a man marries a young female slave, he should not consummate the marriage until she reaches nine years of age” (1), and in the narration of Zurara from Abu Ja’far (peace be upon him): “He said: Do not engage in relations with a free or enslaved girl, whether it’s a Nikaah (permanent marriage) or Mut’ah (temporary marriage)”. Rather, relations are not allowed with an owned slave girl or one made lawful in this manner as well. As for deriving pleasure from that which is between a female slave’s legs until she reaches nine years of age, other than relations, such as looking, touching affectionately, embracing, and thighing, it is permissible with all, even an infant girl.

[Mustamsak al-ʿUrwā al-wuṯhqā, vol. 14, pg. 78-80]
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[Archived link, vol 17, pg 78]
[Archived link, vol 17, pg 79]
[Archived link, vol 17, pg 80]

References