Jurisprudential Analysis of Maturity from the Islamic Perspective

1. Introduction

With puberty and the beginning of the youth season, significant changes occur in human life. Sexual talents are awakened and flourish as the physical and psychological powers of the individual grow. As a result, the person is ready to get married. Therefore, puberty in the middle of life is one of the most critical events that causes profound changes in various aspects of adolescents' individual and social lives. Since puberty in jurisprudence and Islamic law has many effects such as religious duties and legal issues, Islamic jurisprudence has discussed it. Muslim jurists disagree about puberty signs, and there are significant differences between puberty ages.

In addition, in Shi'a jurisprudence, differences in girls' puberty age were sporadic in the past and have grown sharply in the contemporary period. Contemporaries have criticized the popular view in jurisprudence that considers a girl's puberty age to be nine years old, while the male's puberty age is 15 years. Meanwhile, some people have not considered age to be a sign of puberty and have relied on other symptoms.

This research analyzes the phenomenon of puberty in jurisprudence and Islamic Sharia. The most significant part of the article is research on the age of puberty. It examines whether age, like Ejaculating semen in sleep and the growth of pubic hair, is one of the true signs of puberty or one of the signs of puberty that has been placed as a metaphorical sign of puberty.

1.1. Research Method

The research method in this work is library-based, which means that the process of collecting data on the topics of this research is through the study of books and articles. In jurisprudential research, which is mainly a library research type, what is most important is the method of processing and analyzing scientific data and then critiquing and reviewing them. This method has been applied with greater importance and precision in the texts of jurisprudence researchers and great scholars in the research section and the subject of evidence criticism. The method of this research is descriptive, comparative, and reasoning with fundamental rules.

1.2. Research background

Research background can be discussed in three areas: the book section, the dissertation section, and the articles section. In the books section, no independent book has been written in Persian, Arabic, or English about puberty. Jurisprudential discussions of puberty have been raised in various chapters, on various occasions, and amid books. In the monograph section, the author, given the research facilities at her disposal, was unable to find a monograph in this field. However, in the articles section, many studies have been written on this topic, each of which addresses the issue from a specific angle. Some from a jurisprudential perspective, some from a legal perspective, and some from a scientific perspective.

Two articles can be mentioned here. The first article, titled "Criticism and Study of Types of Puberty and Their Sharia Effects," by Mohammad Hassan Vakili and Mohammad Danesh-e-Nohad, was published in the scientific journal, Misbah al-Fiqah, issue 4 and issue 7, spring and summer 2022. The second article is titled "Investigating the Age of Puberty and Its Conception, from the Perspective of Imamiyyah Jurisprudence," by Mohammad Nouri and Hossein Ahmari, published in the journal "Jurisprudential and Philosophical Studies," Volume 13, Number 49, 2022, But the most important advantage of my article is that it examines puberty from the perspective of different jurisprudential schools of thought and is not specific to one school of thought. It also uses first-class jurisprudential sources.

2. Result and Discussion

The issue of puberty is considered one of the most important and widely used jurisprudential issues. It plays a fundamental role in many jurisprudential and legal issues. Therefore, this research attempts to achieve the following objectives.

1. Even though it is well known that age is the criterion for puberty and that fatwas are issued accordingly, research into hadiths shows that age is not relevant. How can age be a criterion for maturity, when there is disagreement about it among different Islamic sects? Therefore, a general criterion and rule must be found for maturity.

2. There is a relationship between puberty and physical development. Therefore, religious maturity is achieved when physical maturity is achieved. There are many signs of reaching physical maturity; For example, for boys it is Ejaculation and for girls it is menstruation. Therefore, puberty occurs when these symptoms appear.

2.2. Clarifying the statement

Puberty is the transition from childhood to youth. As sexual changes occur in one's body, there are also changes in one's mind and soul. These changes have many legal consequences that Sharia and the law recognize. The most important one is the individual's competence and authority. Before reaching puberty, a person has no jurisprudential or legal authority of their own. However, after puberty, at least some jurisprudential and judicial powers are entrusted to them. Many tasks and obligations are left to the adults that were not included in the pre-puberty years.

The main issue in the puberty section is how to recognize maturity. Without a doubt, one of the criteria mentioned in the narrations is age. Regarding age, the main debate is whether age is an independent and authentic subject as one of the methods of puberty diagnosis or whether it is not relevant in itself but among other factors of puberty symptoms.

Age-wise, there are different traditions. For this reason, jurisprudential religions also differ from one another. This is not only between Shi'a and Sunnis, but there are several views among Ja'fari jurisprudence itself. Also, there is no single view among Sunni religions, and there are various views we will discuss below.

2.3. The Necessity and Importance of the Subject

Puberty is considered one of the most challenging jurisprudential issues because it has many jurisprudential, judicial, and legal consequences. Puberty, task, and authority are closely linked. With puberty, another phase in life begins. The person himself will be responsible for his actions, not his guardians. At this stage, he will be obligated to fulfill his religious duties. In this case, the property owner has the right to exchange it directly. Regarding marriage, divorce, and other legal matters, the individual has the right to make decisions.

The necessity of puberty becomes evident when we look at the differences in jurisprudence between Islamic religions and other religions. There may be less jurisprudence that has been affected by divisions and differences in jurisprudence. Puberty discourse begins at eight or nine years old and continues to seventeen or eighteen years old. The origin of these words is narrative. Since puberty traditions are different, jurisprudential statements have also been disputed.

A fundamental question regarding puberty is whether it is authentic and relevant or if it is a measure of maturity. In other words, age, like other signs of puberty such as ejaculation, menstruation, and growth of pubic hair, is merely a sign of the realization that the individual has reached the stage of puberty rather than that age itself is independently valid. Also, another issue that adds to the importance of the issue is the discussion of which puberty signs such as age, ejaculation, menstruation, and hair growth are deemed crucial. If some puberty signs are present and others are not, what is the ruling? And what is the priority? These are the points that increase the importance and necessity of puberty discussion.

2.4. Conceptualization of maturity

The word maturity means "to the end of the goal and to reach or to do something at the end of time and place". (Ragheb, 1412: 144; Ibn Manzur, 1418, vol. 1: 210). The term maturity is the end of the childhood period when this period is over, the legislator or Sharia writes the religious duties on the adult and the person can take possession of his property. (Amīm Ehsan, 1407, vol. 1:210).

2.5. Signs of puberty

2.5.1. Ejaculating semen in sleep   

All jurisprudential religions agree that Ejaculating semen in sleep is one of the signs of puberty (Helli, 1418, vol. 2:133; Maverdi, 1999, vol. 6:343) There are many Qur'anic and narration reasons in this regard, and a few of them are mentioned:

3- In the noble hadith about the jurisprudential ruling of ejaculating semen in sleep, it is stated as follows: The duty is taken from three persons: from a child, so that he may see from himself a drop of semen. And from the mad to be sober, and from the one who sleeps to awaken." This noble hadith has come with different phrases in Shiite and Sunni hadith sources. The provisions of all are that the duty and responsibility of the child, the insane and the sleeping man have been removed. When puberty, childhood, reason, insanity, insanity, and awakening take the place of sleep, the task will be on the human being.

 Although the meaning of Ejaculating semen in sleep is the exit of semen from the human being in the world of dreaming, Ejaculating semen in sleep itself is not an issue, it is the ejaculation of the semen from the human being, so the above evidence includes any ejaculation in sleep or wakefulness. In the meantime, however, there are other characteristics and symptoms under the name of menstruation that are reserved for women. According to all jurisprudential religions, ejaculation, and menstruation are considered signs of puberty and all agree on them.

2.5.2. Course hair growing below the navel

The other signs and symptoms are coarse hair growing below the navel. The Shi'a, Hanbali, and Maliki consider the growth of the hair of puberty as one of the signs of puberty (Muhaqqiq, 1408:5; Ibn Qudama 1414, vol.4: 557; Maverdi, 1999, vol. 6:344). Abu Hanifa and his followers do not recognize coarse hair growing below the navel as a sign of puberty (Zilaei, 1420, vol. 6:276). Shaf'iyya (the coarse hair growing below the navel) is one of the signs of puberty for polytheists, but they have two different promises about Muslims (Maverdi, 1999, vol. 6:344).

2.5.3. Age

Most Islamic sects know that age is a sign of puberty, but how exactly do boys and girls reach puberty at the age of puberty? Is age one of the signs of worship of puberty, or is it just like Ejaculating semen in sleep and coarse hair growing below the navel? There is a great difference. Although it is well known among Shi'a jurists that boys and girls differ (Mahrizi 1997: 192-195), the narratives about puberty differ greatly Age.

2.6. Views of Jurisprudential Religions about the Age of Puberty

Considering that Shia and Sunni views about puberty differ in many ways. The reasons they have provided do not match each other, we preferred to evaluate this section separately.

2.6.1. Sunnis Perspective on Puberty

Sunni jurisprudential religions such as Hanafi, Anabelle, Shafi'iyya, and jurisprudential figures such as Uza'i and Abu Yusuf consider age to be a sign of puberty, but there is disagreement about its amount. The main idea of this age is to complete 18 years for boys and 17 for girls. The Birds of the Great Birds of the Awnaf (jurisprudent) write:

Translation: "The attainment of puberty in boys is through ejaculation, growth of pubic hair, and nocturnal emission. If these signs are not present, then puberty is attained at the age of eighteen according to Abu Hanifah. Girls' puberty is due to menstruation, and pregnancy, and if these cases do not materialize, puberty is attained at the age of seventeen according to Abu Hanifah." There is another opinion among the Hanafi that the age of puberty in girls and boys is the completion of fifteen (Ibid.).

There are two quotes from Malik. According to one of the sayings, age was considered a sign of puberty. Still, according to the other narration, it did not consider age as a sign of puberty but emphasized other signs, including Ihtelam and menstruation (Maverdi, 1999, vol. 6: 345). David does not know that he is the only one who is a sinner. In his opinion, if a person reaches the age of 40 and does not get married, he is not an adult (Qortubi, 1993, vol. 5: 35).

There is a difference between the ages of Sunnis as to what age it is to reach adulthood. Hanbalian, Shafi'ian, Ozaei, and Abu Yusuf have considered the age of fifteen years as maturity in boys and girls (Ibn Qudama, 1414, vol. 4:557; Qortubi, 1993, vol.5:34 34; Asghelani, 2000, vol. 5: 277). The followers of Imam Malik believe that eighteen is the age of puberty.

2.6.2. Examining the evidence

Among Sunni Muslims, those who believe in fifteen years provide the following reasons.

The first reason is a narration by Ibn 'Umar. He said: "I was fourteen years old on the day of the Battle of Uhud, and when I asked permission from the Prophet (s) to take part in the war, he did not allow it, but on the day of the Battle of Khankdak when I was fifteen years old, he allowed me to take part in the war (Qosheiri Nishaburri, Bayta, vol. 3:1490). Ibn 'Umar (a.s.) was allowed to participate in the war because he was fifteen years old, so fifteen is considered the age of puberty.

2- The second reason is that Anas narrated from the Prophet (s) what he said (Ibn Qudama, 1414: 557). Translation: "When a man reaches the age of fifteen, the things which are right and harmful are written down upon him, and the limits are set upon him." Thus both girls and boys reach puberty at the age of 15 and become ready to marry.

- The Prophet Muhammad and the Caliphs testify that during wars, young adults (fifteen years old) participated and received their share of spoils. In addition, Omar ibn Khattab and 'Uthman have been determined to take Sharia limit on those who grow hair on their Zahar's and take Jizyah from them (Qortobi, 1407, vol. 1:118; Nawavi, 2003, vol. 13:12).

2.6.3. Shi'a Views on Puberty

In Shi'a jurisprudence, the view that the age of puberty in boys is 15 years old and in girls nine, is so famous that most Shia jurists in their jurisprudential books only mention this view and have issued fatwas according to it. However, there are also disagreements about this. In particular, some contemporaries today consider the age of puberty as 15 years old and girls thirteen years old (Mahrizi 1997: 192-195). The question now is which of these theories can be accepted and what is the cause of all the contradictions and disagreements? On what basis is each of these perspectives based?

 The most important documentary of the famous viewpoint is the narrations that consider the age of puberty of a girl as nine and the age of puberty as 15 years, but the accuracy of the narrations reveals that the narrations related to puberty are divided into several categories, which are briefly discussed.

2.7. Jurisprudential Effects of Puberty

Puberty, like reason, is considered one of the essential conditions for legal accountability. Therefore, as long as a person has not reached the age of puberty, they do not possess the capacity for legal obligation. Consequently, in various branches of jurisprudence, they are neither held responsible nor considered legally accountable.

In the realm of worship, which is considered a divine right with all its spiritual value, it does not constitute an obligation for a non-pubescent individual. Prayer and fasting are not obligatory for a non-pubescent individual, although performing them for a discerning child is considered meritorious. Additionally, and are not obligatory for non-pubescent individuals. (Maverdi, 1999, vol. 4: 8).

In the realm of marriage, a child does not have the independent right to marry. Their marriage depends on the permission of a guardian. A non-pubescent individual also does not have the right to divorce their spouse. Consequently, a minor, whether discerning or not, cannot issue a valid divorce; if they do so, the divorce is considered invalid and ineffective. (Dameshqi Hanafi, 1992 vol. 3: 131).

In financial matters, the lack of puberty is one of the reasons for the prohibition of financial transactions. This means that a child does not have the right to independently dispose of their property. Therefore, until a child reaches the stage of puberty, they are deprived of financial transactions and are prohibited from engaging in significant financial contracts. (Dameshqi Hanafi, 1992, vol. 25:168).

Regarding legal confession, a child's confession is not legally recognized. Sarakhsī, a Hanafi jurist, states: "A child's confession of theft is invalid." (Sarakhsī, 1999 184).

Regarding testimony, the testimony of a non-pubescent individual has no legal or jurisprudential validity. The testimony of a non-discerning child is unanimously considered worthless, and according to the prevailing opinion among Shi'a jurists, even the testimony of a discerning minor is not accepted until they reach the stage of maturity and puberty. (Dameshqi Hanafi, 1992, vol.3:73).

Other jurisprudential effects of puberty in Islamic law include its requirement for:

The establishment of retribution and fixed legal punishments, serving as a judge. These are the most significant distinctions between a pubescent and a non-pubescent individual. Besides these, there are other cases where a non-pubescent individual is not qualified to act. However, the general legal principle is that puberty is one of the fundamental conditions of legal obligation, and until a person reaches the age of puberty, they are not recognized as legally accountable. This principle applies across all branches of jurisprudence, including worship, personal status law, commercial, financial securities law, litigation law, criminal law, and blood-money law.

Right now the jurisprudence information for societies the media, especially TV has replaced parents and teachers in training children via promoting hedonism, leisure, and showing surprising and seductive pictures. Radio and TV had been able to impose aggressive demeanors, meaningless values and humiliation of human essence on family and system of human cultures for each socity (Kohi and Samimi, 2020: 16).

3. Conclusion

During puberty, many factors affect the development of puberty, and in jurisprudence, there are many signs of it. Some of these symptoms, such as Ejaculation in sleep, ejaculation, and menstruation, are mutually agreed upon by all Islamic sects, while others differ. Age as an important criterion for the calculation of puberty is disputed by jurisprudential religions. The difference of opinion is so strong that even among jurisprudents of a religion, there is no consensus. Verse 19 of the Qur'an mentions the Nine Commandments of the Gentiles.

The Qur'an and Sunnah of Prophet Muhammad (pbuh) do not mention the age of puberty. In the traditions of Shi'a infallible, many ages have been proposed for puberty. Researchers have acted in different ways in reviewing and summarizing these narratives. Considering the narrations, it can be concluded that according to these narrations, age is not a sign of puberty because puberty is a natural phenomenon that occurs in a person, and its symptoms should be a natural phenomenon.

On the other hand, how can growth be considered a natural phenomenon but maturation not? Menstruation is the norm for females and males become infected when hormones are released into their bloodstreams. Thus, preparation for reproduction and marriage appears in boys when hormones are released into their bloodstreams and girls are ready when their eggs appear with their menstruation. Verses of the Qur'an and Sunnah also confirm this.

In addition, looking at different regions makes it clear that not everyone at a certain age (such as nine and fifteen years) is ready for this preparation. As narrations suggest, girls and boys of the Arabian Peninsula are more fertile than those in other regions. This is why it is correctly narrated that girls were married at the age of nine and ten.

Author Contributions: All authors contributed to this research.

Funding: Not applicable.

Conflict of Interest: The authors declare no conflict of interest.

Informed Consent Statement/Ethics Approval: Not applicable.