(Disclaimer: ๐๐ฉ๐ฆ ๐ช๐ฏ๐ง๐ฐ๐ณ๐ฎ๐ข๐ต๐ช๐ฐ๐ฏ ๐ข๐ฏ๐ฅ ๐ท๐ช๐ฆ๐ธ๐ด ๐ด๐ฆ๐ต ๐ฐ๐ถ๐ต ๐ช๐ฏ ๐ต๐ฉ๐ช๐ด ๐ข๐ณ๐ต๐ช๐ค๐ญ๐ฆ ๐ข๐ณ๐ฆ ๐ต๐ฉ๐ฐ๐ด๐ฆ ๐ฐ๐ง ๐ต๐ฉ๐ฆ ๐ข๐ถ๐ต๐ฉ๐ฐ๐ณ ๐ข๐ฏ๐ฅ ๐ฅ๐ฐ ๐ฏ๐ฐ๐ต ๐ฏ๐ฆ๐ค๐ฆ๐ด๐ด๐ข๐ณ๐ช๐ญ๐บ ๐ณ๐ฆ๐ง๐ญ๐ฆ๐ค๐ต ๐ต๐ฉ๐ฆ ๐ฐ๐ง๐ง๐ช๐ค๐ช๐ข๐ญ ๐ฐ๐ฑ๐ช๐ฏ๐ช๐ฐ๐ฏ ๐ฐ๐ง ๐๐๐. ๐๐ฆ๐ช๐ต๐ฉ๐ฆ๐ณ ๐๐๐ ๐ฏ๐ฐ๐ณ ๐ข๐ฏ๐บ ๐ฑ๐ฆ๐ณ๐ด๐ฐ๐ฏ ๐ข๐ค๐ต๐ช๐ฏ๐จ ๐ฐ๐ฏ ๐ช๐ต๐ด ๐ฃ๐ฆ๐ฉ๐ข๐ญ๐ง ๐ฎ๐ข๐บ ๐ฃ๐ฆ ๐ฉ๐ฆ๐ญ๐ฅ ๐ณ๐ฆ๐ด๐ฑ๐ฐ๐ฏ๐ด๐ช๐ฃ๐ญ๐ฆ ๐ง๐ฐ๐ณ ๐ต๐ฉ๐ฆ ๐ถ๐ด๐ฆ ๐ธ๐ฉ๐ช๐ค๐ฉ ๐ฎ๐ข๐บ ๐ฃ๐ฆ ๐ฎ๐ข๐ฅ๐ฆ ๐ฐ๐ง ๐ต๐ฉ๐ฆ ๐ช๐ฏ๐ง๐ฐ๐ณ๐ฎ๐ข๐ต๐ช๐ฐ๐ฏ ๐ค๐ฐ๐ฏ๐ต๐ข๐ช๐ฏ๐ฆ๐ฅ ๐ต๐ฉ๐ฆ๐ณ๐ฆ๐ช๐ฏ.
๐๐ฉ๐ช๐ด ๐ข๐ณ๐ต๐ช๐ค๐ญ๐ฆ ๐ช๐ด ๐ข๐ถ๐ต๐ฉ๐ฐ๐ณ๐ฆ๐ฅ ๐ฃ๐บ ๐ข ๐ฑ๐ฆ๐ข๐ค๐ฆ๐ฃ๐ถ๐ช๐ญ๐ฅ๐ฆ๐ณ, ๐ข ๐ณ๐ฆ๐ด๐ฆ๐ข๐ณ๐ค๐ฉ๐ฆ๐ณ, ๐ข๐ฏ๐ฅ ๐ข๐ฅ๐ท๐ฐ๐ค๐ข๐ต๐ฆ ๐ข๐จ๐ข๐ช๐ฏ๐ด๐ต ๐ค๐ฉ๐ช๐ญ๐ฅ ๐ฎ๐ข๐ณ๐ณ๐ช๐ข๐จ๐ฆ ๐ช๐ฏ ๐ต๐ฉ๐ฆ ๐๐๐๐๐. ๐๐ฆ ๐ช๐ด ๐ข๐ญ๐ด๐ฐ ๐ข ๐ง๐ข๐ต๐ฉ๐ฆ๐ณ ๐ต๐ฐ ๐ฅ๐ข๐ถ๐จ๐ฉ๐ต๐ฆ๐ณ๐ดโ๐จ๐ช๐ง๐ต๐ด ๐ง๐ณ๐ฐ๐ฎ ๐๐ฐ๐ฅ / ๐๐ญ๐ญ๐ข๐ฉ (๐๐๐). ๐๐ฉ๐ฐ๐ถ๐จ๐ฉ ๐ฏ๐ฐ๐ต ๐ข ๐ง๐ฐ๐ณ๐ฎ๐ข๐ญ๐ญ๐บ ๐ต๐ณ๐ข๐ช๐ฏ๐ฆ๐ฅ ๐๐ด๐ญ๐ข๐ฎ๐ช๐ค ๐ด๐ค๐ฉ๐ฐ๐ญ๐ข๐ณ, ๐ต๐ฉ๐ฆ ๐ธ๐ณ๐ช๐ต๐ฆ๐ณ ๐ฉ๐ข๐ด ๐ค๐ฐ๐ฎ๐ฑ๐ช๐ญ๐ฆ๐ฅ ๐ต๐ฉ๐ฆ๐ด๐ฆ ๐ฑ๐ฐ๐ช๐ฏ๐ต๐ด ๐ง๐ณ๐ฐ๐ฎ ๐ต๐ฉ๐ฆ ๐ธ๐ฐ๐ณ๐ฌ๐ด ๐ฐ๐ง ๐ณ๐ฆ๐ค๐ฐ๐จ๐ฏ๐ช๐ป๐ฆ๐ฅ ๐ด๐ค๐ฉ๐ฐ๐ญ๐ข๐ณ๐ด ๐ข๐ฏ๐ฅ ๐๐ด๐ญ๐ข๐ฎ๐ช๐ค ๐ญ๐ฆ๐จ๐ข๐ญ ๐ฎ๐ข๐น๐ช๐ฎ๐ด ๐ต๐ฐ ๐ฑ๐ณ๐ฐ๐ต๐ฆ๐ค๐ต ๐ต๐ฉ๐ฆ ๐ฃ๐ฆ๐ด๐ต ๐ช๐ฏ๐ต๐ฆ๐ณ๐ฆ๐ด๐ต๐ด ๐ฐ๐ง ๐ต๐ฉ๐ฆ ๐๐ข๐ฏ๐จ๐ด๐ข๐ฎ๐ฐ๐ณ๐ฐ ๐ค๐ฉ๐ช๐ญ๐ฅ. ๐๐ต ๐ช๐ด ๐ช๐ฏ๐ต๐ฆ๐ฏ๐ฅ๐ฆ๐ฅ ๐ง๐ฐ๐ณ ๐ฆ๐ฅ๐ถ๐ค๐ข๐ต๐ช๐ฐ๐ฏ๐ข๐ญ ๐ข๐ฏ๐ฅ ๐ข๐ฅ๐ท๐ฐ๐ค๐ข๐ค๐บ ๐ฑ๐ถ๐ณ๐ฑ๐ฐ๐ด๐ฆ๐ด, ๐ฆ๐ฏ๐ค๐ฐ๐ถ๐ณ๐ข๐จ๐ช๐ฏ๐จ ๐ข ๐ฅ๐ฆ๐ฆ๐ฑ๐ฆ๐ณ ๐ญ๐ฐ๐ฐ๐ฌ ๐ข๐ต ๐ฉ๐ฐ๐ธ ๐ฐ๐ถ๐ณ ๐ง๐ข๐ช๐ต๐ฉ ๐ฑ๐ณ๐ฐ๐ต๐ฆ๐ค๐ต๐ด ๐ต๐ฉ๐ฆ ๐ท๐ถ๐ญ๐ฏ๐ฆ๐ณ๐ข๐ฃ๐ญ๐ฆ.)
By: Ahmed Harris “Tommy” R. Pangcoga

๐ฅ๐ฒ๐ฎ๐ฑ๐ ๐ณ๐ผ๐ฟ ๐๐ถ๐ณ๐ฒ, ๐ก๐ผ๐ ๐๐๐๐ ๐ณ๐ผ๐ฟ ๐ก๐ถ๐ธ๐ฎ๐ต: ๐ช๐ต๐ ๐ฃ๐ฟ๐ผ๐๐ฒ๐ฐ๐๐ถ๐ป๐ด ๐ข๐๐ฟ ๐๐ฎ๐๐ด๐ต๐๐ฒ๐ฟ๐ ๐ถ๐ ๐๐ต๐ฒ ๐ง๐ฟ๐๐ฒ๐๐ ๐๐๐น๐ฎ๐บ๐ถ๐ฐ ๐ง๐ฟ๐ฎ๐ฑ๐ถ๐๐ถ๐ผ๐ป
In the heart of our communities across the BARMM, the interpretation and application of โ๐ฃ๐ข๐ญ๐ช๐จ๐ฉ,โ or the coming of age, can vary significantly across different Muslim societies and even within different schools of thought. For the non-Muslim reader, it is helpful to understand that while โcoming of ageโ is often defined in secular law by a fixed age (such as 18), Islamic tradition looks for specific signs of readiness. Among the driving factors behind these differences are “โ๐ถ๐ณ๐ง,” or custom, and “๐ฎ๐ข๐ด๐ญ๐ข๐ฉ๐ข,” which is the public interest. While physical signs of puberty are traditionally seen as important, many scholars emphasize that true โ๐ฃ๐ข๐ญ๐ช๐จ๐ฉโ must also include “โ๐ข๐ฒ๐ญ,” which is intellectual maturity and reasoning, and “๐ณ๐ถ๐ด๐ฉ๐ฅ,” which refers to maturity in handling affairs and prudence. According to the Dar-ul-ifta of the Bangsamoro in its formal ruling, โThe Model Family in Islam,โ marriage is intended for youth who meet the necessary conditions and does not apply to those at the pre-puberty or childhood stage.
Islam considers mind-maturity and intellectual integrity as fundamental conditions for marriage. โ๐๐ฒ๐ญ is a personโs ability to distinguish between right and wrong, understand religious concepts, and make sound judgments. A child might show physical signs of puberty but not yet possess the intellectual maturity to fully grasp religious obligations, which is why the term ๐ข๐ฒ๐ช๐ญ ๐ฃ๐ข๐ญ๐ช๐จ๐ฉ is essential. ๐๐ถ๐ด๐ฉ๐ฅ relates to the ability to manage oneโs property and affairs responsibly. We see this principle in Quran 4:6, which instructs us to test orphans in their abilities; if we find them to be mature of mind or sound in judgment (๐ณ๐ถ๐ด๐ฉ๐ฅ), only then should we hand over their possessions. Scholars and medical experts of the Bangsamoro argue that if a minor cannot manage wealth, they are not mature enough to manage a marriage, leading to the recommendation that the appropriate marriageable age is 20 years for males and 18 years for females.
๐๐ถ๐๐ต๐ฎโ๐ ๐ฆ๐๐ผ๐ฟ๐: ๐ ๐ฆ๐ฝ๐ฒ๐ฐ๐ถ๐ฎ๐น ๐ฃ๐ฎ๐๐ต, ๐ก๐ผ๐ ๐ฎ ๐๐น๐๐ฒ๐ฝ๐ฟ๐ถ๐ป๐ ๐ณ๐ผ๐ฟ ๐๐ฎ๐ฟ๐บ
When we discuss this topic, the marriage of Hadhrat Aisha (RA) is frequently mentioned, but we must understand it through the lens of ๐๐ฉ๐ข๐ด๐ขโ๐ช๐ด ๐ข๐ญ-๐๐ข๐ฃ๐ช, or unique prophetic circumstances (e.g. Maryโs virgin birth of Jesus, Moses being able to part the Red Sea, etc.). Many Islamic scholars differentiate between โUnique Prophetic Actionsโ and โGeneral ๐๐ถ๐ฏ๐ฏ๐ข๐ฉโ by analyzing the intent, context, and legal status of the Prophet Muhammadโs (SAW) deeds. This process is essential for determining which actions are meant to be emulated by all Muslims and which were exclusive to him. Scholars of ๐๐ด๐ถ๐ญ ๐ข๐ญ-๐๐ช๐ฒ๐ฉ (basis for Islamic ruling) identify certain actions as “๐ฌ๐ฉ๐ข๐ด๐ขโ๐ช๐ด”โa unique privilege or circumstance specific only to the Prophet, or matters exclusive to him that are not legally permissible for his followers or do not establish a general precedent for the rest of the Muslim community. Scholars like Al-Shatibi (in Al-Muwafaqat) discuss the unique aspects of prophetic actions.
Unlike his other marriages, which were often based on social or political needs such as marrying widows or forming tribal alliances, the Prophet explicitly stated that Hadhrat Aisha (RA) was shown to him in a divine dream by the Angel Gabriel/Jibril (AS). Many contemporary scholars, including Dr. Muhammad Tahir ul-Qadri, Dr. Zaid Shaker, and those associated with institutions such as Al-Azhar, emphasize that because this union was specifically ordered by Allah (SWT) through revelation (“๐ธ๐ข๐ฉ๐ช”), it falls under his unique spiritual directives (“๐ฌ๐ฉ๐ข๐ด๐ขโ๐ช๐ด”) rather than a standard โ๐ด๐ถ๐ฏ๐ฏ๐ข๐ฉโ for others to follow. Citing Sahih Al-Bukhari, the Dar-ul-ifta of the Bangsamoro stated in its 2015 Fatwa (The Model Family in Islam) that the Prophetโs marriage to Aisha (RA) as a young girl was a special case according to heavenly instruction and was prearranged by Allah (SWT). It was a union specifically ordered through revelation, falling under unique spiritual directives rather than a standard ๐ด๐ถ๐ฏ๐ฏ๐ข๐ฉ for others to follow. Who among those who marry teenagers in this day and age can claim that the Angel Gabriel/Jibril (AS) came to them and told them to marry their teenage brides because it was ordered by Allah (SWT)? None.
In the modern age, most adolescent girls subjected to child marriage experience a profound โnarrowingโ of life, characterized by physical trauma and the onset of lifelong psychological cycles of poverty. In stark contrast, the marriage of Aisha (RA) was uniquely transformative, serving as a divine apprenticeship that elevated her into a premier jurist and intellectual authority. According to medical experts at Al-Azhar University, who have reviewed and endorsed the Fatwa of 2015, 18 is the recommended age for females because it marks the stage where reproductive development, including the fusion of pubic bones, is completed. This biological maturity is vital for a safe, low-risk pregnancy and labor. This fundamental divergence reinforces the argument of ๐๐ฉ๐ข๐ด๐ขโ๐ช๐ด ๐ข๐ญ-๐๐ข๐ฃ๐ช: her union was a divine instrument for preserving the faith, not a blueprint for a harmful social practice.
๐ โ๐ฌ๐ฒ๐โ ๐ ๐๐๐ ๐๐ฒ ๐ฎ ๐ฅ๐ฒ๐ฎ๐น ๐ฌ๐ฒ๐: ๐ช๐ต๐ ๐๐ต๐ผ๐ถ๐ฐ๐ฒ ๐ ๐ฎ๐๐๐ฒ๐ฟ๐
In Islamic law, a marriage contract (๐ฏ๐ช๐ฌ๐ข๐ฉ) is invalid without the free will and consent of both parties. According to the unanimous ruling of the Bangsamoro Dar-ul-Ifta in the same fatwa, a virgin woman who has reached puberty with a sound mind cannot be compelled into marriage without her consent. This aligns with the Prophetโs instruction that a virgin should not be married until her permission is sought. Furthermore, a widow or divorcee has even more rights to herself than her guardian does: โA matron should not be given in marriage except after consulting her, and a virgin should not be given in marriage except after her permission.โ To clarify for non-Muslims, the โguardianโ (๐ธ๐ข๐ญ๐ช) is usually the father, but Islamic law actually protects the womanโs right to override a fatherโs choice if it is against her will. If a person is forced, the contract is considered “๐ฃ๐ข๐ต๐ช๐ญ” (void) or “๐ง๐ข๐ด๐ช๐ฅ” (irregular) in many schools of thought. For a marriage contract to be valid, there must be a clear offer (๐ช๐ซ๐ข๐ฃ) from one party and a clear acceptance (๐ฒ๐ข๐ฃ๐ถ๐ญ) from the other, reflecting the free will of both the prospective husband and the prospective wife.
The ๐๐ข๐ฉ๐ช๐ฉ ๐๐ข๐ฅ๐ช๐ต๐ฉ (authentic record) of Khansa bint Khidam Al-Ansariyah serves as a powerful testament to this: when her father married her off against her will, she went to the Messenger of Allah (SAW), who annulled her marriage. Another young woman came to the Prophet (SAW) because her father married her to his brotherโs son just to raise his social standing. The Prophet (SAW) gave her the choice to accept or reject the marriage. She ultimately chose to stay, but she made it clear she wanted women to know that parents have no right to force a husband on them. This demonstrates that even if a fatherโs intention is perceived as โgood,โ it cannot override the daughterโs free will. The ๐ธ๐ข๐ญ๐ชโs role is one of protection and facilitation, not coercion. Shaykh al-Islam Ibn Taymiyyah strongly argued that if a person cannot be forced into financial contracts, they certainly cannot be forced into marriage.
๐๐ฎ๐ถ๐๐ต ๐๐ถ๐ฟ๐๐: ๐ช๐ต๐ฒ๐ป ๐ง๐ฟ๐ฎ๐ฑ๐ถ๐๐ถ๐ผ๐ป ๐ฆ๐๐ฎ๐ฟ๐๐ ๐๐ผ ๐๐๐ฟ๐
We must confront the reality that what is perceived as โIslamic traditionโ in certain communities, including in Mindanao, is often more rooted in long-standing cultural practices or โ๐ข๐ฅ๐ข๐ตโ (customs) that predate or developed alongside formal Islamic law. ๐๐ฅ๐ข๐ต often emphasizes physical signs of puberty as the primary indicator of โ๐ฃ๐ข๐ญ๐ช๐จ๐ฉ,โ aligning with older, literal interpretations of texts that allowed for marriage upon menstruation, sometimes as early as nine lunar years. This traditional view, reinforced by “๐ข๐ฅ๐ข๐ต,” often overlooks the broader Islamic concept of rushd (sound judgment) required for full legal capacity in marital affairs. Among all Moro groups, marriage has historically been viewed as a contract between clans rather than individuals. While Islam requires individual consent, adat prioritizes the waliโs authority to secure peace treaties or resolve โ๐ณ๐ช๐ฅ๐ฐโ (clan feuds).
This cultural expectation can lead to ๐ฅ๐ฆ ๐ง๐ข๐ค๐ต๐ฐ forced marriages, where a girlโs โconsentโ is given under immense social pressure for the sake of family honor. In many Moro communities, the ๐ฎ๐ข๐ฉ๐ณ (Islamic dowry) is sometimes conflated with โtribal bridewealthโ given to the family, which it is not. ๐โ๐ต๐ข๐ฏ๐จ and ๐ด๐ข๐ฏ๐จ๐จ๐ข๐ฅ in the Meranaw and Maguindanaon languages, respectively, and as applied, are more akin to tribal bridewealth than to an Islamic dowry. Distinctions, however, are blurred by semantic shifts or conceptual blending driven by cultural syncretism.
Because the Moro people have historically resisted external imposition, they often cling to “๐ข๐ฅ๐ข๐ต” (customs) as a form of cultural survival, defending practices like early betrothal as โIslamicโ to protect them from โWesternizedโ Philippine laws, even when those practices violate the Islamic principles of “no harm” (๐ญ๐ข ๐ฅ๐ข๐ณ๐ข๐ณ). In extreme cases, this leads to a deeply patriarchal perversion where a husbandโs โrightโ to intimacy is seen as absolute, regardless of the wifeโs consentโa severe contradiction of the Islamic teachings on kindness, love, and mercy.
Moreover, there is a โcrisis of authorityโ at the grassroots level. It is one thing to have the Mufti or a high-ranking ๐๐ญ๐ช๐ฎ (scholar) with a ๐๐ถ๐ญ๐ญ๐ช๐บ๐ข๐ฉ (College/University) degree or at the very least, an ๐๐ด๐ต๐ข๐ฅ๐ป with a ๐๐ฉ๐ข๐ฏ๐ฏ๐ข๐ธ๐ช (Secondary Education) certificate issue a progressive ๐ง๐ข๐ต๐ธ๐ข, but it is an entirely different reality when the local religious leaderโwho lives next door and shares the same tribal historyโgives a conflicting โbasement-levelโ opinion.
This critical issue of โauthority shoppingโ is the single biggest hurdle for RA 11596 and child protection efforts because it creates a religious โshieldโ for harmful ๐ข๐ฅ๐ข๐ต (customs). This โauthority shoppingโ at the grassroots level explains why even the most sound theological arguments often struggle to take root. A significant challenge lies in the tendency of community members to bypass high-ranking asatidz and the ulama community, instead seeking guidance from local religious leaders who may lack formal ๐๐ฉ๐ข๐ฏ๐ฏ๐ข๐ธ๐ช or ๐๐ถ๐ญ๐ญ๐ช๐บ๐ข๐ฉ credentials. Because these local leaders are often deeply embedded in the same social fabric as their congregants, they are frequently prone to confirming pre-existing biases that lean toward adat practices. This creates a cycle where community members โshopโ for a religious opinion that validates their cultural preferences, effectively using a lower-tier religious endorsement to shield harmful practices from the scrutiny of higher Islamic scholarship.
Furthermore, this disconnect reveals a gap between high-level academic theologiansโwho emphasize the ๐๐ข๐ฒ๐ข๐ด๐ช๐ฅ (higher objectives) of the faithโand grassroots preachers who may rely on a literalist, โcopy-pasteโ imitation of the Prophetโs life. Without the deep training required to distinguish between a universal ๐ด๐ถ๐ฏ๐ฏ๐ข๐ฉ and a specific historical context, these local influencers often simplify complex theological concepts into a binary: โIf it was done before, it is good to do now.โ By providing moral and religious legitimacy to pre-existing cultural traditions, they inadvertently transform adat into an immovable religious mandate. This prevents the community from recognizing that a custom becomes โ๐๐ณ๐ง ๐๐ข๐ด๐ช๐ฅ (corrupt custom) the moment it causes demonstrable harm to the most vulnerable members of the ๐๐ฎ๐ฎ๐ข๐ฉ.
๐๐๐น๐ฎ๐บ ๐ถ๐ ๐๐ฎ๐๐ฒ, ๐ก๐ผ๐ ๐ฃ๐ฎ๐ถ๐ป: ๐ง๐ต๐ฒ โ๐ก๐ผ ๐๐ฎ๐ฟ๐บโ ๐ฅ๐๐น๐ฒ
A fundamental principle in Islamic law is to make things easy for people and to avoid imposing undue hardship (๐๐ข๐บ๐ด๐ฆ๐ฆ๐ณ and ๐๐ข๐งโ ๐ข๐ญ-๐๐ข๐ณ๐ข๐ซ). The Quran tells us clearly that Allah (SWT) intends for us ease and does not intend for us hardship (2:185) and that He has not placed upon us in the religion any difficulty (22:78). Furthermore, the foundational maxim โ๐๐ข ๐๐ข๐ณ๐ข๐ณ ๐ธ๐ข ๐ญ๐ข ๐๐ช๐ณ๐ข๐ณโ (no harm, no reciprocal harm) dictates that practices demonstrably harmful, such as the health risks of early pregnancy or the psychological trauma of forced marriage, should be re-evaluated.
Islamโs objectives, the ๐๐ข๐ฒ๐ข๐ด๐ช๐ฅ ๐ข๐ญ-๐๐ฉ๐ข๐ณ๐ชโ๐ข๐ฉ, include the preservation of life, intellect, lineage, property, and religion. Child marriage undermines these objectives; health risks undermine ๐ฉ๐ช๐ง๐ป ๐ข๐ญ-๐ฏ๐ข๐ง๐ด (protection of the soul / preservation of life), and the lack of education undermines ๐ฉ๐ช๐ง๐ป ๐ข๐ญ-โ๐ข๐ฒ๐ญ (protection of the mind/intellect). Islamic jurisprudence emphasizes ๐๐ข๐ง๐ขโ๐ข๐ฉ, or the suitability of the groom for the bride, and marrying a child to an adult creates a massive gap in intellectual and social compatibility. For a Moro ๐ข๐ฅ๐ข๐ต to be legally valid in Islam, it must not conflict with a clear Islamic text (๐๐ข๐ด๐ด). When an ๐ข๐ฅ๐ข๐ต permits what is forbidden or causes clear harm, it is considered โ๐ถ๐ณ๐ง ๐ง๐ข๐ด๐ช๐ฅ (corrupt custom) and must be discarded. In cases where a bride is below 18, medical experts suggest that couples are free to avail themselves of contraceptives through informed choice to temporarily delay the first pregnancy, provided ๐๐ฉ๐ข๐ณ๐ชโ๐ข๐ฉ conditions are met.
๐ข๐๐ฟ ๐๐ต๐ถ๐น๐ฑ๐ฟ๐ฒ๐ป, ๐ข๐๐ฟ ๐ง๐ฟ๐๐๐: ๐ ๐๐ฒ๐๐๐ฒ๐ฟ ๐ช๐ฎ๐ ๐๐ผ๐ฟ๐๐ฎ๐ฟ๐ฑ
While preventing “๐ป๐ช๐ฏ๐ข” (illicit premarital relations, sexual or otherwise) is a vital Islamic objective, marrying off children who are not emotionally, intellectually, or physically ready is not the only or most effective Islamic solution. The Quran describes marriage as a โ๐ด๐ข๐ฌ๐ช๐ฏ๐ข๐ฉโ (tranquility), โ๐ฎ๐ข๐ธ๐ข๐ฅ๐ฅ๐ข๐ฉโ (love), and โ๐ณ๐ข๐ฉ๐ฎ๐ข๐ฉโ (mercy) between spouses (Qurโan 30:21). For such a relationship to flourish, both parties must be mature enough to communicate effectively and resolve conflicts. Islam encourages various other ways to prevent “๐ป๐ช๐ฏ๐ข”, including fostering moral uprightness and piety through education, promoting modesty, encouraging healthy social environments, and facilitating responsible marriage for mature individuals. To protect our youth, the Dar-ul-Ifta recommends setting up comprehensive gender and health education programs in the school curriculum to ensure Muslim youth become more guided, responsible, and aware.
The age of marriage in the Prophetโs time was consistent with the prevalent cultural norms of that era across many societies, including Christian Europe. To think that Christians of that time did not marry their girls below the age of 18 is erroneous. Lady Margaret Beaufort (1443-1509) was married at the age of 12 to Edmund Tudor, 1st Earl of Richmond. At age 13, she gave birth to the future King Henry VII. The birth reportedly caused permanent physical injury, and Margaret never conceived another child despite marrying two more times. Jeanne de Bourbon (1338โ1378), a princess of the French royal house, was married at age 12 to Charles V of France. She became pregnant shortly after and gave birth to her first child at 13.
However, the point is, this is not the โ๐ถ๐ณ๐ง (customs) of 21st-century civilization. Many modern Islamic scholars and several Muslim-majority nations have implemented an age minimum for marriage at 18 years old, arguing that modern protections for children are in full alignment with the core Islamic objectives of public interest and the prevention of hardship.
We must acknowledge that the deeply ingrained nature of ๐ข๐ฅ๐ข๐ต can make communities resistant to changes like RA 11596, even if this is already a criminal law, but we must also realize that the many million-dollar advocacy projects by UN agencies and international NGOs to counter child, early, and forced marriage (CEFM) often struggle because they use messaging that is dissonant with local values. The path forward lies in recognizing that protecting our children from trauma is not a โWesternโ ideaโit is a deeply Islamic one.
๐ ๐ฃ๐ฎ๐๐ต ๐๐ผ๐ฟ๐๐ฎ๐ฟ๐ฑ: ๐ฃ๐ฟ๐ผ๐๐ฒ๐ฐ๐๐ถ๐ป๐ด ๐๐ต๐ฒ ๐๐๐๐๐ฟ๐ฒ ๐ผ๐ณ ๐๐ต๐ฒ ๐๐ฎ๐ป๐ด๐๐ฎ๐บ๐ผ๐ฟ๐ผ
The transition from deeply rooted cultural habits toward a more protective, faith-centered approach requires more than just laws; it requires a collective awakening. We cannot simply wait for time to change these practices; we must act as intentional catalysts for reform. For the Bangsamoro to truly flourish, every stakeholder must recognize their role in ensuring that marriage remains a sanctuary of peace rather than a source of trauma.
๐ง๐ต๐ฒ ๐จ๐น๐ฎ๐บ๐ฎ ๐ฎ๐ป๐ฑ ๐๐ถ๐ด๐ต๐ฒ๐ฟ ๐๐ฐ๐ฎ๐ฑ๐ฒ๐บ๐ถ๐ฐ ๐๐ผ๐บ๐บ๐๐ป๐ถ๐๐. There is a pressing need for the high-ranking scholars to โdescendโ from the academic heights of the ๐๐ถ๐ญ๐ญ๐ช๐บ๐ข๐ฉ or ๐๐ข๐ซ๐ฆ๐ด๐ต๐ฆ๐ณ into the heart of the barangays. We need a systematic effort to mentor local, mid-level preachersโthose with lower than a ๐๐ฉ๐ข๐ฏ๐ฏ๐ข๐ธ๐ช level of educationโto help them understand the ๐๐ข๐ฒ๐ข๐ด๐ช๐ฅ ๐ข๐ญ-๐๐ฉ๐ข๐ณ๐ชโ๐ข๐ฉ (the higher objectives of Islam). When the ๐๐ญ๐ข๐ฎ๐ข provide grassroots leaders with the theological tools to prioritize โno harmโ (๐ญ๐ข ๐ฅ๐ข๐ณ๐ข๐ณ) over โLiteralism,โ they cut off the religious oxygen that keeps harmful ๐ข๐ฅ๐ข๐ต alive. This is not about erasing local influence, but about ensuring that those who guide the community are doing so with the full weight of Islamic mercy behind them.
๐๐ผ๐บ๐บ๐๐ป๐ถ๐๐ ๐๐ฒ๐ฎ๐ฑ๐ฒ๐ฟ๐ ๐ฎ๐ป๐ฑ ๐๐ผ๐ฐ๐ฎ๐น ๐๐ฎ๐๐ฒ๐ธ๐ฒ๐ฒ๐ฝ๐ฒ๐ฟ๐. To the local leaders and tribal elders: the strength of a clan is not measured by the strategic marriages of its children, but by the health, education, and resilience of the future generations. We must shift the narrative of โfamily honorโ away from early unions and toward the empowerment of our daughters. When a leader refuses to sanction a child marriage to settle a ๐ณ๐ช๐ฅ๐ฐ or a debt, they are performing a profound act of Islamic justice. True cultural survival in the Bangsamoro depends on our ability to protect our children from physical and psychological cycles of povertyโcycles that are often triggered by the โnarrowing of lifeโ that follows child marriage.
๐ง๐ต๐ฒ ๐๐ฒ๐๐ฒ๐น๐ผ๐ฝ๐บ๐ฒ๐ป๐ ๐ฆ๐ฒ๐ฐ๐๐ผ๐ฟ ๐ฎ๐ป๐ฑ ๐๐ผ๐๐ฒ๐ฟ๐ป๐บ๐ฒ๐ป๐ ๐ฃ๐ฟ๐ฎ๐ฐ๐๐ถ๐๐ถ๐ผ๐ป๐ฒ๐ฟ๐. For those working in peacebuilding and child protection, the way forward requires a shift in messaging. We must stop using language that sounds โforeignโ or โWesternized,โ as this only triggers cultural resistance and pushes the community back toward harmful adat. Instead, we practice what we preach โ apply cultural sensitivity and conflict sensitivity โ in designing programs that address CEFM in the BARMM. We must speak the language of the people. Our advocacy against child marriage (CEFM) should be framed around Islamic concepts of ๐๐ฎ๐ข๐ฏ๐ข๐ฉ (trust), ๐๐ข๐ด๐ญ๐ข๐ฉ๐ข (public interest), and the protection of the ๐๐ฎ๐ฎ๐ข๐ฉ. By aligning our child protection projects with the core principles of the faith, we move from being โexternal disruptorsโ to being โpartners in reform.โ
๐ฃ๐ฎ๐ฟ๐ฒ๐ป๐๐ ๐ฎ๐ป๐ฑ ๐๐ฎ๐บ๐ถ๐น๐ถ๐ฒ๐. Finally, the most critical shift must happen within the home. A child is a trust from Allah, not a commodity for social or economic negotiation. We must foster environments where our daughters are encouraged to reach rushdโfull intellectual and emotional maturityโbefore taking on the heavy responsibilities of a household. By prioritizing their education and health, we are not turning our backs on our culture; we are fulfilling our highest religious duty to nurture the life and intellect that Allah has bestowed upon them. The true way forward is a Bangsamoro where every girl is given the chance to become, like Hadhrat Aisha (RA), a pillar of strength and a beacon of knowledge for her people.
Allahu alam (ุงููู ุฃุนูู ). Allah (SWT) knows best.
๐ ๐ป๐๐๐ ๐๐๐พ ๐ ๐๐๐๐๐: ๐๐ฏ ๐ช๐ฏ๐ต๐ฆ๐ณ๐ฏ๐ข๐ต๐ช๐ฐ๐ฏ๐ข๐ญ ๐ฅ๐ฆ๐ท๐ฆ๐ญ๐ฐ๐ฑ๐ฎ๐ฆ๐ฏ๐ต ๐ฑ๐ณ๐ฐ๐ง๐ฆ๐ด๐ด๐ช๐ฐ๐ฏ๐ข๐ญ ๐ธ๐ช๐ต๐ฉ ๐ฐ๐ท๐ฆ๐ณ 23 ๐บ๐ฆ๐ข๐ณ๐ด ๐ฐ๐ง ๐ฆ๐น๐ฑ๐ฆ๐ณ๐ช๐ฆ๐ฏ๐ค๐ฆ ๐ช๐ฏ ๐ฑ๐ฆ๐ข๐ค๐ฆ๐ฃ๐ถ๐ช๐ญ๐ฅ๐ช๐ฏ๐จ ๐ข๐ฏ๐ฅ ๐ค๐ฐ๐ฏ๐ง๐ญ๐ช๐ค๐ต ๐ต๐ณ๐ข๐ฏ๐ด๐ง๐ฐ๐ณ๐ฎ๐ข๐ต๐ช๐ฐ๐ฏ, ๐๐ฉ๐ฎ๐ฆ๐ฅ ๐๐ข๐ณ๐ณ๐ช๐ด ๐. ๐๐ข๐ฏ๐จ๐ค๐ฐ๐จ๐ข ๐ฉ๐ข๐ด ๐ฅ๐ฆ๐ฅ๐ช๐ค๐ข๐ต๐ฆ๐ฅ ๐ฎ๐ถ๐ค๐ฉ ๐ฐ๐ง ๐ฉ๐ช๐ด ๐ค๐ข๐ณ๐ฆ๐ฆ๐ณ ๐ต๐ฐ ๐ค๐ฉ๐ช๐ญ๐ฅ ๐ฑ๐ณ๐ฐ๐ต๐ฆ๐ค๐ต๐ช๐ฐ๐ฏ ๐ข๐ฏ๐ฅ ๐ค๐ฐ๐ฎ๐ฎ๐ถ๐ฏ๐ช๐ต๐บ ๐ณ๐ฆ๐ด๐ช๐ญ๐ช๐ฆ๐ฏ๐ค๐ฆ ๐ช๐ฏ ๐ต๐ฉ๐ฆ ๐๐ข๐ฏ๐จ๐ด๐ข๐ฎ๐ฐ๐ณ๐ฐ ๐ณ๐ฆ๐จ๐ช๐ฐ๐ฏ. ๐๐ฆ ๐ด๐ฆ๐ณ๐ท๐ฆ๐ฅ ๐ข๐ด ๐ต๐ฉ๐ฆ ๐ฑ๐ณ๐ช๐ฏ๐ค๐ช๐ฑ๐ข๐ญ ๐ช๐ฏ๐ท๐ฆ๐ด๐ต๐ช๐จ๐ข๐ต๐ฐ๐ณ ๐ง๐ฐ๐ณ ๐ต๐ฉ๐ฆ “๐๐ถ๐ณ ๐๐ฐ๐ช๐ค๐ฆ๐ด, ๐๐ถ๐ณ ๐๐ถ๐ต๐ถ๐ณ๐ฆ” ๐ณ๐ฆ๐ด๐ฆ๐ข๐ณ๐ค๐ฉ ๐ฐ๐ฏ ๐๐ฉ๐ช๐ญ๐ฅ, ๐๐ข๐ณ๐ญ๐บ, ๐ข๐ฏ๐ฅ ๐๐ฐ๐ณ๐ค๐ฆ๐ฅ ๐๐ข๐ณ๐ณ๐ช๐ข๐จ๐ฆ (๐๐๐๐) ๐ธ๐ช๐ต๐ฉ ๐๐ญ๐ข๐ฏ ๐๐ฏ๐ต๐ฆ๐ณ๐ฏ๐ข๐ต๐ช๐ฐ๐ฏ๐ข๐ญ, ๐ข๐ฏ๐ฅ ๐ฉ๐ช๐ด ๐ฆ๐น๐ต๐ฆ๐ฏ๐ด๐ช๐ท๐ฆ ๐ฆ๐น๐ฑ๐ฆ๐ณ๐ต๐ช๐ด๐ฆ ๐ช๐ฏ ๐๐ฉ๐ช๐ญ๐ฅ ๐๐ช๐จ๐ฉ๐ต๐ด ๐๐ช๐ต๐ถ๐ข๐ต๐ช๐ฐ๐ฏ๐ข๐ญ ๐๐ฏ๐ข๐ญ๐บ๐ด๐ช๐ด (๐๐๐๐) ๐ช๐ฏ๐ค๐ญ๐ถ๐ฅ๐ฆ๐ด ๐ด๐ฆ๐ณ๐ท๐ช๐ฏ๐จ ๐ข๐ด ๐ต๐ฉ๐ฆ ๐ฑ๐ณ๐ช๐ฏ๐ค๐ช๐ฑ๐ข๐ญ ๐ช๐ฏ๐ท๐ฆ๐ด๐ต๐ช๐จ๐ข๐ต๐ฐ๐ณ ๐ง๐ฐ๐ณ ๐๐ข๐ท๐ฆ ๐ต๐ฉ๐ฆ ๐๐ฉ๐ช๐ญ๐ฅ๐ณ๐ฆ๐ฏ’๐ด 2016 ๐๐๐๐ ๐ช๐ฏ ๐ต๐ฉ๐ฆ ๐๐๐๐ ๐ข๐ฏ๐ฅ ๐ฎ๐ข๐ฏ๐ข๐จ๐ช๐ฏ๐จ ๐ต๐ฉ๐ฆ 2023 ๐๐๐๐ ๐ช๐ฏ ๐ต๐ฉ๐ฆ ๐๐๐๐๐ ๐ง๐ฐ๐ณ ๐๐ฉ๐ช๐ญ๐ฅ๐๐ถ๐ฏ๐ฅ ๐๐ฉ๐ช๐ญ๐ช๐ฑ๐ฑ๐ช๐ฏ๐ฆ๐ด. ๐๐ณ๐ฆ๐ท๐ช๐ฐ๐ถ๐ด๐ญ๐บ, ๐ข๐ด ๐ข ๐๐ฉ๐ช๐ญ๐ฅ ๐๐ณ๐ฐ๐ต๐ฆ๐ค๐ต๐ช๐ฐ๐ฏ ๐๐ฐ๐ฏ๐ด๐ถ๐ญ๐ต๐ข๐ฏ๐ต ๐ง๐ฐ๐ณ ๐๐๐๐๐๐, ๐ฉ๐ฆ ๐ข๐ค๐ต๐ฆ๐ฅ ๐ข๐ด ๐ต๐ฉ๐ฆ ๐ฏ๐ข๐ต๐ช๐ฐ๐ฏ๐ข๐ญ ๐ค๐ฐ๐ถ๐ฏ๐ต๐ฆ๐ณ๐ฑ๐ข๐ณ๐ต ๐ต๐ฐ ๐๐ณ๐ข๐ฏ๐ด๐ช๐ต๐ช๐ฐ๐ฏ ๐๐ฏ๐ต๐ฆ๐ณ๐ฏ๐ข๐ต๐ช๐ฐ๐ฏ๐ข๐ญ ๐ง๐ฐ๐ณ ๐ฑ๐ช๐ท๐ฐ๐ต๐ข๐ญ ๐ด๐ต๐ถ๐ฅ๐ช๐ฆ๐ด ๐ฐ๐ฏ ๐ต๐ฉ๐ฆ “๐๐ณ๐ช๐ท๐ฆ๐ณ๐ด ๐ฐ๐ง ๐๐ฉ๐ช๐ญ๐ฅ ๐๐ด๐ด๐ฐ๐ค๐ช๐ข๐ต๐ช๐ฐ๐ฏ ๐ธ๐ช๐ต๐ฉ ๐๐ณ๐ฎ๐ฆ๐ฅ ๐๐ณ๐ฐ๐ถ๐ฑ๐ด ๐ช๐ฏ ๐๐ข๐ฏ๐จ๐ด๐ข๐ฎ๐ฐ๐ณ๐ฐ ๐๐ฐ๐ฎ๐ฎ๐ถ๐ฏ๐ช๐ต๐ช๐ฆ๐ด” ๐ข๐ฏ๐ฅ ๐ต๐ฉ๐ฆ “๐๐ข๐ฑ๐ฑ๐ช๐ฏ๐จ ๐ฐ๐ง ๐๐ฆ๐ณ๐ท๐ช๐ค๐ฆ๐ด ๐ข๐ฏ๐ฅ ๐๐ฑ๐ฑ๐ฐ๐ณ๐ต๐ถ๐ฏ๐ช๐ต๐ช๐ฆ๐ด ๐ง๐ฐ๐ณ ๐๐ฉ๐ช๐ญ๐ฅ๐ณ๐ฆ๐ฏ ๐ข๐ฏ๐ฅ ๐ ๐ฐ๐ถ๐ฏ๐จ ๐๐ฆ๐ฐ๐ฑ๐ญ๐ฆ ๐ช๐ฏ ๐๐ข๐ฏ๐จ๐ด๐ข๐ฎ๐ฐ๐ณ๐ฐ ๐๐ฐ๐ฎ๐ฎ๐ถ๐ฏ๐ช๐ต๐ช๐ฆ๐ด,” ๐ณ๐ฆ๐ช๐ฏ๐ง๐ฐ๐ณ๐ค๐ช๐ฏ๐จ ๐ฉ๐ช๐ด ๐ญ๐ฐ๐ฏ๐จ-๐ด๐ต๐ข๐ฏ๐ฅ๐ช๐ฏ๐จ ๐ค๐ฐ๐ฎ๐ฎ๐ช๐ต๐ฎ๐ฆ๐ฏ๐ต ๐ต๐ฐ ๐ฆ๐ท๐ช๐ฅ๐ฆ๐ฏ๐ค๐ฆ-๐ฃ๐ข๐ด๐ฆ๐ฅ ๐ข๐ฅ๐ท๐ฐ๐ค๐ข๐ค๐บ ๐ง๐ฐ๐ณ ๐ค๐ฉ๐ช๐ญ๐ฅ๐ณ๐ฆ๐ฏ’๐ด ๐ณ๐ช๐จ๐ฉ๐ต๐ด ๐ช๐ฏ ๐ง๐ณ๐ข๐จ๐ช๐ญ๐ฆ ๐ค๐ฐ๐ฏ๐ต๐ฆ๐น๐ต๐ด.
