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In her book, ''Minor Marriage in Islamic Law'', Carolyn Baugh describes the opinions of Quranic commentators regarding the age of maturity for purposes of financial and legal responsibilities. They were particularly interested in {{Quran|4|6}} quoted above, which mentions testing orphans until they "reach [the age of] marriage" (balaghu al nikah) before releasing them their property. They also discussed what counts as the "sound judgement" (rushd) in the same verse.<ref>Carolyn Baugh, ''Minor Marriage in Islamic Law'', Leiden: Brill, 2017, pp. 44-46</ref> | In her book, ''Minor Marriage in Islamic Law'', Carolyn Baugh describes the opinions of Quranic commentators regarding the age of maturity for purposes of financial and legal responsibilities. They were particularly interested in {{Quran|4|6}} quoted above, which mentions testing orphans until they "reach [the age of] marriage" (balaghu al nikah) before releasing them their property. They also discussed what counts as the "sound judgement" (rushd) in the same verse.<ref>Carolyn Baugh, ''Minor Marriage in Islamic Law'', Leiden: Brill, 2017, pp. 44-46</ref> | ||
Baugh observes that many commentators such as al-Thalabi and al-Tabari before him (citing various companions) equated ''bulūgh l-nikāḥ'' (commonly translated "reaching [the age of] marriage") in {{Quran|4|6}} with ''bulūgh al-ḥulum'' ("reaching pubesence").<ref>Carolyn Baugh, ''Minor Marriage in Islamic Law'', pp. 44-47, including footnote 117</ref> Kecia Ali similarly observes that this identification was made by legal jurists as the point at which a father can no longer compel his son or daughter into a marriage contract - see the section on Islamic Law below. While jurists saw no solid indicator indicator in the Quran for an age of marriage, Baugh nevertheless suggests there may be some unequivocal evidence of a Quranic position on the age at which people may be married. She notes al-Tabari's argument that {{Quran-range|2|236|237}} refers only to women (nisa) and not minors (although these verses imply a significant time gap between the marriage contract and consummation of the marriage, which is common with child marriages). Al-Qurtubi similarly argues regarding {{Quran|4|3}} that the term ''nisa'' is used after a woman has reached pubescence.<ref>Carolyn Baugh, ''Minor Marriage in Islamic Law'', pp. 47-48</ref> In fact the word nisa is used in the Quran for females in general in a number of other verses (see [[Child Marriage in the Qur'an]]). | Baugh observes that many commentators such as al-Thalabi and al-Tabari before him (citing various companions) equated ''bulūgh l-nikāḥ'' (commonly translated "reaching [the age of] marriage", though [[Nikah_(Sexual_Consummation_of_Marriage)|nikāḥ]] more literally means consumation of marriage, or intercourse) in {{Quran|4|6}} with ''bulūgh al-ḥulum'' ("reaching pubesence").<ref>Carolyn Baugh, ''Minor Marriage in Islamic Law'', pp. 44-47, including footnote 117</ref> Kecia Ali similarly observes that this identification was made by legal jurists as the point at which a father can no longer compel his son or daughter into a marriage contract - see the section on Islamic Law below. While jurists saw no solid indicator indicator in the Quran for an age of marriage, Baugh nevertheless suggests there may be some unequivocal evidence of a Quranic position on the age at which people may be married. She notes al-Tabari's argument that {{Quran-range|2|236|237}} refers only to women (nisa) and not minors (although these verses imply a significant time gap between the marriage contract and consummation of the marriage, which is common with child marriages). Al-Qurtubi similarly argues regarding {{Quran|4|3}} that the term ''nisa'' is used after a woman has reached pubescence.<ref>Carolyn Baugh, ''Minor Marriage in Islamic Law'', pp. 47-48</ref> In fact the word nisa is used in the Quran for females in general in a number of other verses (see [[Child Marriage in the Qur'an]]). | ||
Regarding {{Quran|65|4}}, Al-Tabari and al-Qurtubi include the opinion that "those who have not menstruated" means those too young to menstruate. Al-Tabari says, "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."<ref>See al-Tabari's tafsir for Q. 65:4 translated by Islamqa.info [https://islamqa.info/en/answers/12708/is-it-acceptable-to-marry-a-girl-who-has-not-yet-started-her-menses Is it acceptable to marry a girl who has not yet started her menses?]</ref><ref>See altafsir.com for the Arabic commentaries on Q. 65:4 by [https://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=5&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=3&Size=1&LanguageId=1 al-Qurtubi] (who says it means prepubescent girls, al-saghirah), and [https://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=1&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=2&Size=1&LanguageId=1 al-Tabari] (who says it refers to young girls, al-jawari, or virgins ʾabkār, or those who had not reached menstruation)</ref> Baugh though notes that al-Tabari and al-Qurtubi also report opinions that the verse refers to women whose menstruation has become disrupted. She observes that Ibn al-'arabi on the other hand is definitive that Q 65:4 applies to prepubescent girls (al saghira) and takes it as proof that a man may contract his prepubescent daughter in marriage, as does Ibn Qudama. <ref>Carolyn Baugh, ''Minor Marriage in Islamic Law'', pp. 47-8</ref> | Regarding {{Quran|65|4}}, Al-Tabari and al-Qurtubi include the opinion that "those who have not menstruated" means those too young to menstruate. Al-Tabari says, "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."<ref>See al-Tabari's tafsir for Q. 65:4 translated by Islamqa.info [https://islamqa.info/en/answers/12708/is-it-acceptable-to-marry-a-girl-who-has-not-yet-started-her-menses Is it acceptable to marry a girl who has not yet started her menses?]</ref><ref>See altafsir.com for the Arabic commentaries on Q. 65:4 by [https://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=5&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=3&Size=1&LanguageId=1 al-Qurtubi] (who says it means prepubescent girls, al-saghirah), and [https://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=1&tSoraNo=65&tAyahNo=4&tDisplay=yes&Page=2&Size=1&LanguageId=1 al-Tabari] (who says it refers to young girls, al-jawari, or virgins ʾabkār, or those who had not reached menstruation)</ref> Baugh though notes that al-Tabari and al-Qurtubi also report opinions that the verse refers to women whose menstruation has become disrupted. She observes that Ibn al-'arabi on the other hand is definitive that Q 65:4 applies to prepubescent girls (al saghira) and takes it as proof that a man may contract his prepubescent daughter in marriage, as does Ibn Qudama. <ref>Carolyn Baugh, ''Minor Marriage in Islamic Law'', pp. 47-8</ref> | ||