4 yrs Old & Married In USA?

AGE OF CONSENT FOR MARRIAGE IN WESTERN HISTORY
For the Last 2,000 years

1 C.E. -- (Augustus Ceasor) 12 years to 14 years Age to have a sexual union was for the family to decide or a matter of tribal custom. Most cases coincided with  MENARCHE in girls and pubic hair on boys 11 - 13 but not necescarily.
Rome: Age of marriage was a private matter between families involved. Augustus Ceasor saw the state began get revenue from marriages. So, marriage became a two-step process, a marriage was enforceable by the heads of two households, and then marriage itself (don't forget the funds).
Women not yet of age would engaged by consent of their fathers.

(Editor: Still in the 600's in Arabia, fathers contracted marriages for their daughters, even at birth - With Islam, girls had to be past puberty and accept the proposal.

400-700 C.E. -- Puberty age!  The Roman tradition influenced peoples and cultures with whom it had come in contact. In the Islamic tradition following Muhammad, an offer of marriage by the parents could take place earlier than PUBERTY, but the marriage was not to be consummated until the girl accepted the marriage proposal, had reached the age of menstruation and was old enough to comprehend and understand the concept of marriage and wanted to be married to the one her parents had chosen.

1100 - 1300 C.E. Medieval Europe,  12 to 14 years- Gratian, the influential founder of Canon law in the twelfth century, accepted the traditional age of puberty for marriage. But said it was "meaningful" if the children were older than seven.
But some authortites said, 'consent could take place even earlier'. This policy carried over to English common law, although consent was necessary, force and influence or persuasion seemed to have been permissible elements. Similarly Gratian's ideas about age became part of European civil law.
Even if the  boy (husband) had raped his wife before she reached puberty, it was OK (consummated).

1200's C.E. -- Historian Magnus Hirschfeld did a survey: Age of consent in 50 countries (most in Europe and America) Age of consent was 12yrs in fifteen countries, 13yrs in seven, 14yrs in five, 15yrs in four, and 16yrs in five. The remaining countries didn't admit to anything.

1500 C.E. -- Marriage age in both English and continental law was really elastic when property was involved or family alliances were at stake. For example in 1564, a 3 year old named John was married to a 2year old named Jane in Bishop's Court, Chester, England.

Shakespeare set his Romeo and Juliet in Verona, the fact is Juliet was 13 reflects on reality in England. Her mother was 26 calls her almost an old maid. [NOTE: Juliet's mother was only 12 when she conceived and was married at age 11yrs.

1500 - 1600's CE -- 6 yrs to 7 yrs - even 2 yrs & 3 yrs. in U.K. Reliable data on marriage ages in England comes from Inquisitions Post Mortem (after death) involving only people who died and left property. The more complete the records for young marriages, because judges honored marriages  at age younger than 7, disregarding anything Gratian had said. Recorded are marriages of 2 & 3 three year olds.
In the late 17th century lawyer Henry Swinburne talked about marriages under 7 and over 7 years , and of puberty. He wrote under 7 who said their vows must ratify it afterwards by giving kisses and embraces, by laying together, by giving gifts or tokens, or just calling each other husband or wife.

1500's to 1600's C.E. -- BABIES in Diapers! Philip Stubbes, wrote in the 17th century East Anglia, infants still in swaddling clothes (diapers) were married.

1600's C.E. -- 4 yrs. & 9 yrs. -- An influential leagl text, in England, Sir Edward Coke, made it clear, the marriage of girls under 12 was normal, and the age of a girl who was a wife was eligible for a dower from her husband's estate was 9 years old even though her husband be only 4 years old.

1600 C.E. -- The American colonies followed the English tradition but the law could at best be called a guide. For example in Virginia in 1689, Mary Hathaway was only nine (9 years) when she was married to William Williams. We know of her case only because two years later she sued for divorce, and was released from the covenant she had made because the marriage had not been consummated. Interestingly, historian Holly Brewer, who discovered the case, speculated that if William had raped Mary, she probably would not have been given the divorce.

1700-1800 C.E. -- 14 year old WIDOW? -- Unrecorded are marriages without parental consent and private weddings and the quality of data varies from region to region. For example in the parish of Middlesex County, Virginia, there is a record of fourteen (14) year-old Sarah Halfhide marrying twenty one (21) year-old Richard Perrot. Only in the last sentence of the register does it indicate that she was a widow. Did the compiler read that far?We simply do not know what her age at first marriage was, or even if it had been consummated.

Of the ninety-eight girls on the ten-year register, three probably married at age eight (8 years), one at twelve (12 years), one at thirteen (13 years), and two at fourteen (14 years).

1900-2000 C.E. -- 9 years old -- Historians in the twentieth and twenty-first centuries have sometimes been reluctant to accept data regarding young ages of marriage, holding instead that the recorded age was a misreading by a later copier of the records. Natalie Davis, whose book The Return of Martin Guerre became a movie, made her heroine, Bertrande, much older than the nine old girl she was when she married her missing husband.

1800's C.E. -- 13 years old -- In the nineteenth century France issued the Napoleonic Code and many other countries, following France's example, began revising their laws. The Napoleonic Code, however, had not changed the age of consent and remained THIRTEEN (13yrs).

1800's C.E. U.S.A. -- Babies to 10 years? In England and the United States, feminist agitation in the late nineteenth century called attention to the young age (babies to pre-puberty) of consent and called for changes in the law. By the 1920s the age of consent, a state issue in the United States, was raised in every state and ranged from fourteen (14yrs) to eighteen (18yrs), with most states settling on sixteen (16yrs) or eighteen (18yrs).

2000 A.D. -- 14 years to 16 years -- In the last part of the twentieth century the U.S. public once again took note of age of consent issues. Although sometimes it is not possible to identify a single age of consent since the statutory age varies with the age of the defendant and with the particular sexual activity, in the United States as of 2000 the age at which a person may engage in any sexual conduct permitted to adults within a particular state ranges between fourteen (14 years) to eighteen (18 years) [without marriage]. In the vast majority of states the age is either fifteen (15yrs) or sixteen (16yrs).

2000 A.D. to Date -- Under 18 years -- Most states set the minimum age for marriage without parental approval at eighteen (18yrs), and there are elaborate provisions governing which parent must give consent and who qualifies as a custodial parent or guardian when marriage under eighteen (17 & less) takes place.

NOW - TODAY in U.S.A.: -- BEFORE PUBERTY? -- There are still contradictions as to the age of consent for marriage from state to state. Some states allow a minor to marry with parental permission (EVEN) at an age (BEFORE) the minor engaged is old enough for sexual activity. While other states allow a minor to engage in sexual activity years before he or she can get married EVEN without the parents approval.

So, why the arguement over age of consent between scholars? The problem is in the research. It is far more variable than a summary of the law seems to imply. Peter Laslett, for example, used available statistics to argue marriage and child bearing in the late teens was not common in England and marriage at twelve (12yrs) was virtually unknown. (Legal documents, records and sworn testamonies indicate otherwise)

The problem is that his statistics might well be skewed because in England only a small portion of marriages were registered, and even on these registrations it is difficult to tell if they recorded first or second or later marriages.

A second marriage by a man in his late fifties or a woman in her early thirties skews the data. Not all marriage records even bother to record the participants' age.

* (Emphasis added by editor)

Where did we get this? Encyclopedia of Children and Childhood in History and Society ::

Now the proof about 'Age of Consent' in Islam & Ayesha's marriage to the prophet, peace be upon him:
623 C.E. (10 A.H. after hijrah) -- Must be old enough and mature enough for marriage and child bearing.
Ages of marriage in Islam can be simply understood to be, the lawful, mutual consent of physically mature adults to engaging in intimate activity with expectation of producing children.

But before we go into the "Age of Consent" for marriage, we would like to mention something about marriage in Islam in general and about the age of Ayesha, wife of prophet Muhammad, peace be upon him.

First, Islam does not allow marriage to underaged children. (ReciteQuran.com/4:2).

Second, Islam does not permit forced marriages for anyone (ReciteQuran.com/2:256 and ReciteQuran.com/4:19)

19. O you who believe! Do not inherit women against their will, nor prevent them from marriage in order to get part of (the dowry) what you have given them, unless they commit open Fahishah. And live with them honorably. If you dislike them, it may be that you dislike a thing and Allah brings through it a great deal of good.

20. But if you intend to replace a wife by another and you have given one of them a Qintar, take not the least bit of it back; would you take it wrongfully without a right and (with) a manifest sin.

21. And how could you take it (back) while you have gone in unto each other, and they have taken from you a firm and strong covenant

22. And marry not women whom your fathers married, except what has already passed; indeed it was shameful and Maqtan, and an evil way.

3rd: All marriages must be by mutual consent, and must be to adults of opposite sex.

4th: Legal marriages must be written contract with witnesses (even back 1,400 years ago)

5th: A dowry must be given by men to women and women.

6th: Marriage proposals can be offered by parents on behalf of their children, or through second parties selected by individuals, or can be made directly by individuals. But, there is nothing binding without full acceptance of both people.

7th: There can be no coercion nor force nor intimidation to obtain compliance in marriage. Women must not be subjected to oppression nor deprived of their wealth in any way.

It is a clear fact, in Islam, men must financially provide for all the needs of the woman and family, while the woman is not obliged to give even one cent for the man or the family.

Muslims and Non-Muslims alike seem very concerned over the age of Ayesha, may Allah be pleased with her, when she married the prophet Muhammad, peace be upon him.

Some authentic sources put her ages at 9 years old, while others state she was in fact, 16 and had been engaged to be married even before her marriage to Muhammad, peace be upon him.

More important are the number of important facts involved indicating this was in fact, very normal at their time in history both in the Arab culture and European culture as well.

One important fact is, Ayesha, may Allah be pleased with her, was previously enganged to one who called it off. Then she was offered in marriage to her father's best friend since childhood, Muhammad, the prophet of Islam, peace be upon him.

Emphasis is on the word - "marriage". This was a legal, binding contractual agreement; one considered quite proper and acceptable to the people of this time period. Never was an eyebrow raised or any point discussed on this issued amongst any of the companions or enemies of Islam, for that matter.

Another most convincing fact as we have mentioned, Ayesha was already been engaged prior to her father offering her in marriage to Muhammad, peace be upon him.

The single most important fact of all is what Ayesha herself says about her marriage to the prophet Muhammad, peace be upon him. She tells us in over 2,200 hadeeth (narrative information) how much she loved him, believed in him, trusted him and followed him throughout her whole life. Ayesha loved Muhammad, peace be upon him, with a love that lived on after he was gone from this earth. She remembered him in her prayers day and night, every single day until her own death.

Her goal, as is the goal of each and every one of us Muslims, was to be with prophet Muhammad, peace be upon him, in the Next Life, in the highest level of Paradise, near to Almighty God.

More? Check out -> www.IslamsWomen.com
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