By citing verse 4 of Sūrah al-Ṭalāq, some people argue that since the Qur’an specifies the waiting period (ʿiddah) for women who have not menstruated, it thereby acknowledges and permits marriage to underage girls.
According to the respected teacher, Javed Ahmed Ghamdi, this conclusion arises from reading the verse in isolation from its context. When the verse is considered in light of its full background, its style, and its internal coherence, it becomes evident that the issue of underage marriage is not under discussion here at all. In order to correctly determine the intent of the verse, it is necessary to understand a few fundamental points: 1. This verse was not revealed to grant permission for marriage; rather, it sets forth the rulings of the waiting period after divorce. The address concerns women who have already been divorced, and whose waiting periods are being determined according to their differing biological states. Those who have despaired of menstruation— their waiting period is three months; those who are pregnant—their waiting period is until delivery; and those who have not menstruated—their waiting period has likewise been fixed at three months. The entire discourse, therefore, pertains to determining the waiting period, not to the permissibility of marriage. 2. In fact, the words of the verse are: “wa-allāʾī lam yaḥiḍna” (those who have not menstruated). In Arabic, “lam” denotes a categorical negation, that is, it completely negates the occurrence of an act. Thus, “lam yaḥiḍna” means: they have not menstruated. However, the referent of this negation must be determined from the context. If what was intended were those girls whose age has not yet reached menstruation, then not menstruating there would be an entirely natural and self-evident matter. At such an age, not menstruating is not something unusual that would require being stated specifically. For example, if it is said: “those girls who have not yet obtained employment,” then in common understanding this refers to those girls who have reached the age and eligibility for employment, yet for some reason have not obtained employment. No one takes this sentence to mean very young girls, because at that age not obtaining employment is self-evident. In precisely the same way, the application of “lam yaḥiḍna” becomes meaningful only where menstruation is a natural stage, yet for some reason has not occurred. That is, the discussion concerns those women who can enter the stage of the age of menstruation, not such underage girls in whom the stage of menstruation has not yet arrived at all. 3. In the verse there is another important clause: “in irtabtum,” i.e., “if you are in doubt.” Consider the sequence: first there is mention of women who have despaired of menstruation; then the matter of doubt; then the waiting period of three months; then mention of those who have not menstruated; and immediately thereafter the waiting period of pregnant women is stated. This entire sequence makes clear that the discourse is about menstruation, pregnancy, and the determination of lineage. Here “doubt” does not relate to age; rather, it relates to whether the womb is empty or not. If a woman’s marital relations have been established, then even in the case of not menstruating or in the state of menopause, the possibility remains that perhaps a pregnancy exists. It is to eliminate this possibility that a three-month waiting period has been fixed, so that no doubt remains regarding lineage. Therefore, this point is decisive: when the doubt concerns the possibility of pregnancy, then the one under discussion can only be a woman in whom the capacity for pregnancy exists. An underage girl who has not yet reached physical puberty has, in the first place, no possibility of pregnancy at all. If pregnancy is not possible, then neither does any doubt make sense, nor does any meaningfulness of the waiting period remain. From this it becomes plainly evident that the verse is not about underage girls. 4. Furthermore, the Qur’an declares marriage to be a firm covenant. It is a contract of responsibility, for which consciousness, consent, and the capacity for responsibility are necessary. The Qur’an has not fixed any age for marriage, because it leaves rational self-evidences to human beings and regards it as an accepted reality that responsibility is assigned only when a person reaches both puberty and sound judgment. That is, along with physical puberty, mental maturity is also necessary. The demand of reason and knowledge is likewise that marriage should take place only when a person is capable of understanding and fulfilling this responsibility. Accordingly, deriving the permissibility of marrying underage girls from this verse is not correct in any way. The purpose of the verse is to ensure the protection of lineage through the waiting period after divorce, not to deem underage marriage permissible. With due regard to this very background, Javed Ahmed Ghamidi has translated this verse in Al-Bayān and has made the meaning clear. He stated: Those of your women, who have ceased menstruating and they also who have not menstruated [in spite of reaching its age], if you have any doubt about them, their waiting period is three months. And the waiting period of pregnant women is until they deliver the child. [These are the directives of God; follow them,] and [remember that] he who fears God, He will create ease for him in his matters. This is the directive of God which He has revealed to you. And He who fears God, God will brush away his sins from him and will increase the reward [of his virtues]. (Qur’an, 65:4)