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Child Marriage in Islamic Law: Difference between revisions
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===Muhammad's marriage to Aisha=== | ===Muhammad's marriage to Aisha=== | ||
{{Main|Aisha's Age|3=Qur'an, Hadith and Scholars:Aisha}}Aisha (''‘Ā’ishah'', c. 613/614 –c. 678)<ref name="Siddiqui">Al-Nasa'i 1997, p. 108</ref> or عائشة, (also transliterated as A'ishah, Aisyah, Ayesha, A'isha, Aishat, or Aishah) was married to [[Muhammad]] at the age of 6 or 7, and the marriage was consummated by Muhammad, then 53, at the age of 9 or 10 according to numerous [[sahih]] [[Hadith|hadiths]].<ref>Narrated Hisham's father: Khadija died three years before the Prophet (ﷺ) departed to Medina. He stayed there for two years or so and then he married `Aisha when she was a girl of six years of age, and he consumed that marriage when she was nine years old. | {{Main|Aisha's Age|3=Qur'an, Hadith and Scholars:Aisha}}[[Aisha]] (''‘Ā’ishah'', c. 613/614 –c. 678)<ref name="Siddiqui">Al-Nasa'i 1997, p. 108</ref> or عائشة, (also transliterated as A'ishah, Aisyah, Ayesha, A'isha, Aishat, or Aishah) was married to [[Muhammad]] at the age of 6 or 7, and the marriage was consummated by Muhammad, then 53, at the age of 9 or 10 according to numerous [[sahih]] [[Hadith|hadiths]].<ref>Narrated Hisham's father: Khadija died three years before the Prophet (ﷺ) departed to Medina. He stayed there for two years or so and then he married `Aisha when she was a girl of six years of age, and he consumed that marriage when she was nine years old. | ||
{{Bukhari|5|58|236}}</ref><ref>Narrated 'Aisha: that the Prophet married her when she was six years old and he consummated his marriage when she was nine years old, and then she remained with him for nine years (i.e., till his death). | {{Bukhari|5|58|236}}</ref><ref>Narrated 'Aisha: that the Prophet married her when she was six years old and he consummated his marriage when she was nine years old, and then she remained with him for nine years (i.e., till his death). | ||
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Marriage at a young age was not unheard of in Arabia at the time, and Aisha's marriage to Muhammad may have had a political connotation, as her father Abu Baker was an influential man in the community.<ref>Afsaruddin, Asma (2014). "ʿĀʾisha bt. Abī Bakr". In Fleet, Kate; Krämer, Gudrun; Matringe, Denis; Nawas, John; Rowson, Everett. ''[http://referenceworks.brillonline.com/browse/encyclopaedia-of-islam-2 Encyclopaedia of Islam]'' (3 ed.). Brill Online. Retrieved 2015-01-11</ref> Abu Bakr, on his part, may have sought to further the bond of kinship between Muhammad and himself by joining their families together in marriage via Aisha. Egyptian-American Islamic scholar, Leila Ahmed, notes that Aisha's betrothal and marriage to Muhammad are presented as ordinary in Islamic literature, and may indicate that it was not unusual for children to be married to their elders in that era.<ref>Ahmed, Leila (1992). ''Women and Gender in Islam: Historical Roots of a Modern Debate''. Yale University Press. p. 51-54. <nowiki>ISBN 978-0300055832</nowiki>.</ref> | Marriage at a young age was not unheard of in Arabia at the time, and Aisha's marriage to Muhammad may have had a political connotation, as her father Abu Baker was an influential man in the community.<ref>Afsaruddin, Asma (2014). "ʿĀʾisha bt. Abī Bakr". In Fleet, Kate; Krämer, Gudrun; Matringe, Denis; Nawas, John; Rowson, Everett. ''[http://referenceworks.brillonline.com/browse/encyclopaedia-of-islam-2 Encyclopaedia of Islam]'' (3 ed.). Brill Online. Retrieved 2015-01-11</ref> Abu Bakr, on his part, may have sought to further the bond of kinship between Muhammad and himself by joining their families together in marriage via Aisha. Egyptian-American Islamic scholar, Leila Ahmed, notes that Aisha's betrothal and marriage to Muhammad are presented as ordinary in Islamic literature, and may indicate that it was not unusual for children to be married to their elders in that era.<ref>Ahmed, Leila (1992). ''Women and Gender in Islam: Historical Roots of a Modern Debate''. Yale University Press. p. 51-54. <nowiki>ISBN 978-0300055832</nowiki>.</ref> | ||
==== | ====Revisionary disputations on her age==== | ||
{{Main|Aisha's Age}} | {{Main|Aisha's Age}} | ||
The age of Aisha was not disputed by earlier scholars but a surge of | The age of Aisha was not disputed by earlier scholars but a surge of some modern Islamic scholars have made attempts to advance the idea that Aisha was older than nine lunar years at time of the consummation of her marriage to Prophet Muhammad. Sahih hadiths of Aisha's own testimonies are taken to be mistaken, and indirect sources and disputed dating techniques are used to calculate different ages. These diverse techniques have led to several conflicting ages to be proposed for Aisha at the time of consummation, including 12, 14, 15, 17, 18 and 21 years of age. | ||
These revisionary perspectives can be broadly categorized into five categories, including those that: (1) discredit Hisham ibn Urwah and the Iraqi narrators, (2) use non-sahih information to overturn otherwise sahih hadiths, (3) use indirect evidences in preference of direct testimonies, or (4) use ‘loose' dating and aging in preference to specific dates and statements of age. These revisionary approaches are, however, generally not accepted by mainstream Islamic establishments. | |||
====Revisionary disputations on the word "consummate"==== | |||
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{{Main|The Meaning of Consummate}} | {{Main|The Meaning of Consummate}} | ||
In a hadith in [[Sahih Bukhari]], Aisha says that she was married to Muhammad at the age of six and that Muhammad consummated the marriage when she reached the age of nine. The implications of this and similar hadiths have recently been contested by some modern Islamic scholars who attempt to advance the idea that the verbiage used in this hadiths does not in fact refer to sexual consummation. While such a reading has no historical/linguistic or traditional precedent, it has nonetheless achieved some popularity. However, these re-readings, like those re-readings which attempt to advance a different age for Aisha, have generally not been accepted by mainstream Islamic establishments. | |||
The terms used are | The terms used in the hadiths are ''udkhilath'' and ''bana biha'', and these words do not permit any meaning other than "engaged in sexual intercourse with her" in the contexts where they are used. Crucial to the facilitation of asexual re-readings of these passages are tendentious English translations (particularly those of Dr. Muhsin Khan) as well as a general and perhaps understandable unwillingness to admit that Muhammad could have slept with or [[Rape in Islamic Law|raped]] a nine year old. | ||
===Child Marriage and Muhammad's Companions=== | ===Child Marriage and Muhammad's Companions=== | ||