Three Islamic Scholars on the Subject of Child Brides


Three Islamic scholars' commentary related to 65:4 and the subject of sex with prepubescent children:
Ibn Kathir writes regarding 65:4
, "The `Iddah is made up of cleanliness and the menstrual period." So he divorces her while it is clear that she is pregnant, or he does not due to having sex, or since he does not know if she is pregnant or not. This is why the scholars said that there are two types of divorce, one that conforms to the Sunnah and another innovated. The divorce that conforms to the Sunnah is one where the husband pronounces one divorce to his wife when she is not having her menses and without having had sexual intercourse with her after the menses ended. One could divorce his wife when it is clear that she is pregnant. As for the innovated divorce, it occurs when one divorces his wife when she is having her menses, or after the menses ends, has sexual intercourse with her and then divorces her, even though he does not know if she became pregnant or not. There is a third type of divorce, which is neither a Sunnah nor an innovation where one divorces A YOUNG WIFE WHO HAS NOT BEGUN TO HAVE MENSES, the wife who is beyond the age of having menses, and divorcing one's wife before the marriage was consummated. (Source; bold and capital emphasis ours)
Al-Tabari said regarding 65:4
The interpretation of the verse "And those of your women as have passed the age of monthly courses, for them the 'Iddah (prescribed period), if you have doubt (about their periods), is three months; and for those who have no courses [(i.e. they are still immature) their 'Iddah (prescribed period) is three months likewise". He said: The same applies to the 'idaah for girls who do not menstruate because they are too young, if their husbands divorce them after consummating the marriage with them.
Tafseer al-Tabari, 14/142 (Source: Islam Q&A (www.islam-qa.com)
(Question #12708: Is it acceptable to marry a girl who has not yet started her menses?)
Regarding sex with prepubescent children, Abu-Ala’ Maududi states:
"Therefore, making mention of the waiting-period for girls who have not yet menstruated, clearly proves that it is not only permissible to give away the girl at this age but it is permissible for the husband to consummate marriage with her. Now, obviously no Muslim has the right to forbid a thing which the Qur’an has held as permissible." (Maududi, volume 5, p. 620, note 13, emphasis added)

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