How A Child Consents To Having Sex
Women's rights groups hail conviction of Afghan cleric for girl's rape … A judge sentences him to 20 years and some $30,000 in fines.
CNN, September 26, 2014
Under the Sharia, the law based on the Koran and the sayings and example of the Prophet, nine is the age a child can legally be given in marriage, and her lack of a response to what her guardian has arranged may be considered her consenting to the nuptials and what comes after.
Narrated Abu Huraira:
The Prophet said, "A matron should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission."
The people asked, "O Allah's Apostle! How can we know her permission?"
He said, "Her silence (indicates her permission)."
Aisha, who was nine when she joined God's Messenger on the matrimonial mat, knew from experience that this was a specious justification for having your way with a child, and said so to her husband who simply repeated his claim.
I said, "O Allah's Apostle! A virgin feels shy."
He said, "Her consent is (expressed by) her silence."
To ensure that sex with the child was consensual under the law as he understood it, the cleric taped her mouth shut. The cleric also claimed that the child seduced him. If she did, why did he need the tape, unless it was part of the thrill or to avoid others hearing her screams, but I digress?
The girl was enrolled in a class of religious studies and the cleric was her teacher. If she saw her religious instructor naked three times, for example as he was changing for prayer, and giggled or in some other childish way did or said things which could have been interpreted as interest in being touched and wanting to touch, this could be considered consent and the cleric is blameless.
24:58 O believers, let those your right hands possess (slaves and maid-servants) and those who have not reached the age of puberty ask your leave three times: (to attend to you or approach you) before the dawn prayer, when you put off your clothes at noon and after the evening prayer. These are three occasions of nudity for you; after which you are or they are not at fault, if you approach each other. That is how Allah makes clear His signs to you. Allah is All-Knowing, Wise.
Under Turkey's proposed law, the cleric would not only be set free, but be legally shielded by the Sharia from further prosecution if he continued his abuse of the child in a marriage setting.
Narrated Umar ibn al-Khattab:
The Prophet (peace be upon him) said: A man will not be asked as to why he beat his wife.
Abu Dawud 11.2142
As to her consenting to be raped; that is assumed, for a wife cannot, under the Sharia, refuse a demand for intimacy. For to deny the ploughman, in the following verse, would be going against Allah's Will.
2:223 Your women are a tillage for you. So get to your tillage whenever you like. Do good for yourselves, fear Allah and know that you shall meet Him. And give good news to the believers.