Aisha, Marriageable Age, Age of Majority and Age of Consent in Islam

[StrangerInThisWorld]

While I definitely do not support the whole liberal mindset and their obsession regarding so called "women rights" this should not turn us away from correcting mistakes that may be found in some of the books of jurisprudence or in our societies. 

In some of these books marriage (including its consummation or at least some sexual acts) with prepubescent girls are justified and we as Muslims should not shy away rejecting this just like we reject the liberal mindset and their dishonesty in allowing fornication for people below 18 while disallowing marriage. 

 

Coming back to the subject of the thread: The one who investigates will find that neither 'Aisha was this young as some claim, nor was Khadija (peace be upon her) as old as some claim. 

If one looks into the issue more in depth, then one will find that the most likely reason behind these claims were political ones. 'Aisha was declared this young in order to present her as more special and more innocent in comparison to the rest of the wives of our noble Prophet (sallallahu 'alayhi wa alihi wa sallam) and her actions would be enough to realize that she was older. 

Edited December 29, 2024 by StrangerInThisWorld

[StrangerInThisWorld]

49 minutes ago, StrangerInThisWorld said:

 'Aisha was declared this young in order to present her as more special and more innocent in comparison to the rest of the wives of our noble Prophet (sallallahu 'alayhi wa alihi wa sallam) and her actions would be enough to realize that she was older. 

There are narrations also narrated through Hisham bin 'Urwa (remember that the whole age issue depends on him or on his narrators) that portray 'Aisha as immature to the degree of her playing on the swing and playing with dolls and the like, which is why the author of Fath al-Bari (the most famous explanation upon Sahih al-Bukhari) mistakenly thought that 'Aisha was prepubescent. 

Now compare this with the following Aya:

66:4
إِن تَتُوبَآ إِلَى ٱللَّهِ فَقَدْ صَغَتْ قُلُوبُكُمَا ۖ وَإِن تَظَـٰهَرَا عَلَيْهِ فَإِنَّ ٱللَّهَ هُوَ مَوْلَىٰهُ وَجِبْرِيلُ وَصَـٰلِحُ ٱلْمُؤْمِنِينَ ۖ وَٱلْمَلَـٰٓئِكَةُ بَعْدَ ذَٰلِكَ ظَهِيرٌ ٤

If you two [wives] repent to Allāh, [it is best], for your hearts have deviated. But if you cooperate against him - then indeed Allāh is his protector, and Gabriel and the righteous of the believers and the angels, moreover, are [his] assistants.

____

The above Aya was regarding Hafsa and 'Aisha as is universally acknowledged. 

This alone should be enough for the one who thinks logically to reject any claim of her being immature / prepubescent. If one adds to this other narrations (like her participation at Badr), which would only make sense if she was older and also add to it the political dimension later on (think about al-Jamal!) of trying to depict her as more special and more innocent than other wives, then you will easily get the picture. 

 

Edited December 29, 2024 by StrangerInThisWorld

[Abu Nur]

9 hours ago, StrangerInThisWorld said:

In some of these books marriage (including its consummation or at least some sexual acts) with prepubescent girls are justified and we as Muslims should not shy away rejecting this just like we reject the liberal mindset and their dishonesty in allowing fornication for people below 18 while disallowing marriage. 

The only reason why I see it should be rejected is our current era and how late the mind will actually become mature, causing mental illness that harms the Iman and predators easily accessing minors by deceiving.

We are living in very sick era, May Allah (سُبْحَانَهُ وَ تَعَالَى) save us from evilness of people.

Edited December 30, 2024 by Abu Nur

[Abu Nur]

9 hours ago, StrangerInThisWorld said:

If one looks into the issue more in depth, then one will find that the most likely reason behind these claims were political ones. 'Aisha was declared this young in order to present her as more special and more innocent in comparison to the rest of the wives of our noble Prophet (sallallahu 'alayhi wa alihi wa sallam) and her actions would be enough to realize that she was older. 

She was intectually enough matured to be consider a woman who know what is right from wrong. Same goes with Hafsa.

[StrangerInThisWorld]

18 hours ago, Abu Nur said:

The only reason why I see it should be rejected is our current era and how late the mind will actually become mature, causing mental illness that harms the Iman and predators easily accessing minors by deceiving.

We are living in very sick era, May Allah (سُبْحَانَهُ وَ تَعَالَى) save us from evilness of people.

I mentioned prepubescent girls specifically. In such a case it should be rejected in the past, the present and the future, because a prepubescent girl can neither agree to a marriage nor to its consummation. 

Marriage is connected to responsibility and building a family. I think it goes without saying that a person, who is not even Mukallaf, can not enter such responsibility. Saying otherwise defeats the whole idea of marriage. 

 

18 hours ago, Abu Nur said:

She was intectually enough matured to be consider a woman who know what is right from wrong. Same goes with Hafsa.

Without any doubt. This means that the claim of Hisham bin 'Urwa or that of his narrators (whomever made up the issue first) in presenting her as an immature innocent girl is wrong, because she was mature when she entered into the marriage and not a little girl. She may have been young, but clearly not as young as Hisham / his narrators wanted us to believe. 

Edited December 30, 2024 by StrangerInThisWorld

[Guest Imām Zayd al-Shahīd]

Salam alaykum

 

[I'm putting forward the view from Zaydi heritage, which is the heritage I subscribe to.]

 

According to Imam al-Qasim b. Ibrahim ع, a contemporary of Imam 'Ali b. Musa ع, Fatima س was married to Imam 'Ali ع at the age of 14

For us, this suggests that had an earlier age been more appropriate, the Prophet would not have kept his daughter from marriage, when a potential husband, 'Ali ع, was present

For us also both boys and girls mature at the age of 15, so it is likely that the consummation of Fatima's marriage was when she was 15

This may be why our current learned scholar from the Progeny, sayyid Muhammad b. 'Abdullah in Yemen has answered that the report of 'Aisha's age as 6 and consummation at 9 is probably an exaggeration of the narrators for the sake of raising her status as a wife