Abstract

Age of Consent in Classical Islamic Law

Highlights

  • The age of consent to sexual relations is not firmly established in classical Islamic law like it is in many Muslim and non-Muslim countries today

  • It should not be surprising that the development of classical Islamic law into centralized state systems followed a similar trajectory as other societies

  • Voluntary sexual intercourse with a post-pubescent minor who is younger than the legal age of consent is legally punished as “statutory rape.”. Such boundaries are appropriate for highly developed modern societies, but the rule in most of the world throughout time was based on local customs for good reason

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Summary

ACADEMIA Letters Age of Consent in Classical Islamic Law

The age of consent to sexual relations is not firmly established in classical Islamic law like it is in many Muslim and non-Muslim countries today. Joseph when she was only twelve or fourteen.[4] As late as the mid-19th century, the United Kingdom’s Offences against the Person Act legally allowed sexual relations with twelve year-olds.[5] Around the same time in the United States, each state determined its own criminal law with age of consent ranging from ten to twelve years of age It is only at the beginning of the late 19th century, spurred on by the Industrial Revolution’s rapid economic growth and technological development, that attitudes shifted toward setting the age higher and higher.[6]. It should not be surprising that the development of classical Islamic law into centralized state systems followed a similar trajectory as other societies

Why is this issue important today?
No consensus age in Islamic law
Looking ahead

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