Puberty in Islam: Definition, Etymology, and Legal Implications
Definition and Etymology
Puberty in an Islamic context refers to the age or stage at which a boy or a girl attains sexual maturity and becomes morally and religiously liable for their actions. The Arabic term for puberty is bulūg͟h (بلوغ), which literally translates to “reaching” or “attainment.” Another related term is bulug͟hīyat (بلوغية), referring to aspects related to puberty.
Signs and Age of Puberty
The determination of puberty in Islamic jurisprudence is rooted in both physical signs and age. According to Hanafi jurisprudence, a boy’s puberty is established with the appearance of typical signs of manhood, but if these signs are absent, he is deemed adult upon completing his eighteenth year. For a girl, similarly, puberty is determined by usual signs of womanhood or by completing her seventeenth year if no signs are evident.
However, some scholars, including Imam Abu Hanifa’s disciples, argue that both boys and girls are to be considered adults upon completing their fifteenth year. This stance is also supported by Imam ash-Shāfiʿī. There are records suggesting that Abu Hanifa himself might have also concurred with this. The earliest recognized age of puberty is twelve years for boys and nine years for girls.
Legal Implications
On reaching puberty, both boys and girls become legally responsible for their actions and are obliged to observe the ordinances and duties of the Islamic faith. Notably, this means they are subject to all the laws affecting adults within Islamic jurisprudence.
Marital Laws
Sunni Perspective
According to Sunni jurisprudence, the validity of marriages contracted for minors by guardians other than their father or grandfather is not confirmed until ratified by the individuals upon reaching puberty. Males must explicitly ratify, while females may do so explicitly or implicitly. If the marriage is to be dissolved based on the option reserved to the parties during their minority, a judge’s decree is necessary. Until such a decree, the marriage remains intact and valid.
Shia Perspective
In Shia jurisprudence, a marriage contract made by an unauthorized person (fazûlî), other than the father or grandfather, remains in suspension until the involved parties ratify it upon reaching puberty. Consequently, no legal liability arises from the contract until it is ratified. If one party dies before ratification, the contract is void, and no inheritance rights apply to the surviving party.
Recommended Reading
To delve deeper into this subject, the following books are suggested:
- “Personal Law of the Mahommedans” by Syed Ameer Ali - provides insights into various aspects of Islamic personal law, including marriage and inheritance issues.
- “The Hidayah: A Commentary on the Hanafi Jurisprudence” translated by Charles Hamilton - offers a comprehensive understanding of Hanafi legal rulings regarding puberty.
- “The Durrul Mukhtar” - a commentary on Jamiur Rumuz - includes detailed discussions on legal requirements and conditions of various Islamic laws, including those related to puberty.
Takeaways and Conclusion
Understanding puberty within an Islamic context is crucial for grasping how moral and legal responsibility is assigned in the life of Muslim individuals. Divergences between Sunni and Shia perspectives underscore the diversity within Islamic jurisprudence, calling for nuanced understanding and respect for varying interpretations.
Thus, the transition into adulthood in Islam is marked not just by age but by a profound commitment to religious duties and legal accountability, reflecting the holistic approach of Islamic law towards personal development.
