How A Child Consents To Having Sex

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)."

Bukhari 62.67

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.

Narrated Aisha:

I said, "O Allah's Apostle! A virgin feels shy."

He said, "Her consent is (expressed by) her silence."

Bukhari 62.68


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

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 the tape? 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.

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.

The cleric could still be guilty of committing a crime; that of having sex outside marriage. In some jurisdiction he can escape punishment by marrying the child and be legally shielded by Islamic law from prosecution if he continued his abuse 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 a child consenting to be raped once married, that is assumed, for a wife cannot refuse a demand for intimacy. To deny the ploughman would be going against God's Will and you would not want to do that.

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.

Bernard Payeur