Aisha's Age: Difference between revisions

A different explanation for the Medinan legal silence on Aisha's age, as well as the hadith's non-use by many later scholars was alluded to by Carolyn Baugh in her 2017 book, ''Minor Marriage in Early Islamic Law''. Maliki law was based largely on Medinan community custom, though sometimes anecdotes about companions were used for making specific points. Contrary to Little, Baugh doubts how useful the Aisha hadith would actually have been for legal purposes.<ref>Baugh writes: "Although it is not impossible that Malik would have accepted the content of the report given early practice, Malik is one of many jurists who did not rely on the text, which does not in fact occur in any of the early books of jurisprudence except for that of al-Shafi'i and, shortly after him, 'Abd al Razzaq's Musannaf. Even later jurists such as Ibn Taymiya and Ibn al-Qayyim shy away from it, although it is used by Ibn Qudama before them. Presuming its authenticity (it occurs in Bukhari and Muslim), questions occur such as, was 'A'isha in fact compelled against her will? Can we assume that Abu Bakr did not consult her? Had she, at age nine, entered her majority or was she still prepubescent?"<BR />Carolyn Baugh, ''Minor Marriage in Early Islamic Law'', Leiden: Brill, 2017, p. 43 footnote 101</ref> Indeed, unlike various reports about companions the Aisha hadith does not seem to be of any use for the areas of juristic disagreement or the points which they felt a need to prove (see [[Child Marriage in Islamic Law]]). Shafi'i is the first legal scholar to use it, though he had to read in his own assumptions to do so (see [[Forced Marriage]]). The Aisha hadith merely states that her marriage was contracted when she was six (or seven), presumably before puberty, and it does not specify whether she was consulted or forced by her father, nor even whether she had reached puberty at nine.