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Mufti Ḥadīths on the Age of ‘Ā’isha (raḍiyallāhu ‘anhā) StudentOfTheDeen Abu Idris andlike this Quote Select Post

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The purpose of this small piece of research is to show conclusively that ‘Ā’isha (raḍiyallāhu ‘anhā) herself, without any doubt, declared that she was six or seven when she was married to the Prophet (ṣallallāhu ‘alayhi wasallam) and was nine when she moved in with him. Hence, those who claim she was significantly older are forced to claim that ‘Ā’isha (raḍiyallāhu ‘anhā), who according to al-Dhahabī is the most intelligent woman of this ummah, made a significant error, and that too about a matter so intimately connected to her own life. It is inconceivable to anyone with an understanding of the erudition, precision and intelligence of ‘Ā’isha that she could have made such a significant blunder.



As we will see, ‘Ā’isha (raḍiyallāhu ‘anhā) did not state this age to only one or two of her close students, but several of her students narrate it from her. If this was regarded as a mistake on her part, surely other ṣaḥāba would have corrected her? Surely, the great scholars of the umma who painstakingly and meticulously recorded minute details on the life of the Prophet (ṣallallāhu ‘alayhi wasallam) and those around him would have at least pointed to apparent inconsistences or an alternative view? What we find instead is that the scholars of the ummah – across all disciplines – have accepted this age of ‘Ā’isha without question.



The following is a brief analysis of the ḥadīth reports.



Al-Bukhārī narrated it in several places that ‘Ā’isha said she was six at the time of marrying the Prophet (ṣallallāhu ‘alayhi wasallam) and nine when she moved in with the Prophet (ṣallallāhu ‘alayhi wasallam), after having settled in Madīnah. The narration is found through the authentic link Hishām ibn ‘Urwah from ‘Urwah ibn al-Zubayr from ‘Ā’ishah, with several narrators reporting it from Hishām in Bukhārī alone: ‘Alī ibn Mushir (no. 3894), Abū Usāmah (no. 3896), Sufyān ibn ‘Uyaynah (no. 5133, 5158) and Wuhayb ibn Khālid (no. 5134). Imām Muslim also narrates it from Abū Mu‘āwiyah and ‘Abdah ibn Sulaymān from Hishām. Other collections of ḥadīth mention several other narrators from Hishām. For instance, the great Egyptian student of Imām Mālik, ‘Abdullāh ibn Wahb (125 – 197 H), narrates it from two of his teachers: Sa‘īd ibn ‘Abd al-Raḥmān and ‘Abd al-Raḥmān ibn Abi l-Zinād, from Hishām. (al-Jāmi‘, Dār al-Wafā’, p. 154-5) In one version, it is reported Sufyān ibn ‘Uyaynah said this is from the good and excellent reports that Hishām narrated from his father from ‘Ā’isha. (Musnad al-Ḥumaydī, 1:273)



Imām Muslim also narrates the two following supporting narrations:



‘Abd ibn Ḥumayd narrated to us: ‘Abd al-Razzāq reported to us: Ma‘mar reported to us from al-Zuhrī from ‘Urwah from ‘Ā’ishah, that the Prophet (ṣallallāhu ‘alayhi wasallam) married her when she was seven years old, and she was given over to him when she was nine years old, while her toys were with her, and he passed away, leaving her behind, when she was eighteen years old. (Ikmāl al-Mu‘lim, 4:574)

This is an authentic chain from al-Zuhrī from ‘Urwah. ‘Abd al-Razzāq in his Muṣannaf also narrates it as a mursal account from ‘Urwah via the authentic chain: Ma‘mar from al-Zuhrī from ‘Urwah. (Muṣannaf ‘Abd al-Razzāq, 6:162)



Muslim also narrates:



Yaḥyā ibn Yaḥyā, Isḥāq ibn Ibrāhīm, Abū Bakr ibn Abī Shaybah and Abū Kurayb narrated to us…: Abū Mu‘āwiyah narrated to us from al-A‘mash from Ibrāhīm from al-Aswad from ‘Ā’isha, she said: The Messenger of Allāh (ṣallallāhu ‘alayhi wasallam) married her when she was six years old and moved in with her when she was nine years old, and he passed away, leaving her behind, when she was eighteen years old. (Ikmāl al-Mu‘lim, 4:574)

Hence, we find that Hishām is not alone in narrating this from ‘Urwah. The great imām of Madīnah, al-Zuhrī, also narrates it from ‘Urwah. Nor is ‘Urwah alone in narrating this from ‘Ā’ishah, but the great Tābi‘ī, al-Aswad ibn Yazīd, also narrates it from ‘Ā’ishah, Aswad ibn Yazīd being a student of ‘Ā’ishah probably more senior to her in age.



Imām Aḥmad narrates in his Musnad: “Muḥammad ibn Bishr narrated to us: Muḥammad ibn ‘Amr narrated to us, saying: Abū Salama [ibn ‘Abd al-Raḥmān] and Yaḥyā ibn ‘Abd al-Raḥmān ibn Ḥāṭib narrated to us,” after which a lengthy account is recorded of the events leading up to the marriage of ‘Ā’isha (raḍiyallāhu ‘anhā); in the course of which, both narrators (Abū Salamah and Yaḥyā) narrate directly the words of ‘Ā’ishah: “I was nine years old at the time”, referring to the time in Madīnah when she moved in with the Prophet (ṣallallāhu ‘alayhi wasallam). (See: Musnad Aḥmad, 42:501-4) The chain is sound according to Ibn Ḥajar. Hence, these are two further students of ‘Ā’ishah confirming the account.



Al-Ḥākim narrates a shorter version of the same account with his chain to only Yaḥyā ibn ‘Abd al-Raḥmān ibn Ḥāṭib from ‘Ā’isha (raḍiyallāhu ‘anhā), in which it states she was seven at the time of the marriage contract. (Mustadrak al-Ḥākim, Dār al-Ma‘rifah, 2:167)



Al-Nasa’ī reports:



Aḥmad ibn Sa‘d ibn al-Ḥakam ibn Abī Maryam reported to us, saying: My uncle [Sa‘īd ibn Abī Maryam] narrated to me: Yaḥyā ibn Ayyūb narrated to us saying: ‘Umārah ibn Ghaziyyah reported to me from Muḥammad ibn Ibrāhīm [al-Taymī] from Abū Salamah ibn ‘Abd al-Raḥmān from ‘Ā’ishah, she said the Messenger of Allāh (ṣallallāhu ‘alayhi wasallam) married her when she was six years old and moved in with her when she was nine years old. (Sunan al-Nasa’ī, Maktaba al-Maṭbū‘āt al-Islāmiyyah, 6:131)

All of the reporters in this chain are reliable.



Isḥāq ibn Rāhwayh reports in his Musnad:



Yaḥyā ibn Ādam reported to us: Abū Bakr ibn ‘Ayyāsh narrated to us from al-Ajlaḥ from Ibn Abī Mulaykah from ‘Ā’isha that the Messenger of Allāh (ṣallallāhu ‘alayhi wasallam) married her when she was six and moved in with her when she was nine. (Musnad Isḥāq ibn Rāhwayh, 2:650; no. 1238)

The editor of the work comments: “[It is] ṣaḥīḥ, its reporters are all trustworthy besides Ajlaḥ, who is reliable.” However, some have regarded Ajlaḥ as unreliable. If this report is accepted, however, the great imām from the Tābi‘īn, Ibn Abī Mulaykah, would be added to the list of those who narrated this from ‘Ā’isha (raḍiyallāhu ‘anhā).



Al-Ṭabarānī narrates it with one weak and one strong chain from al-Qāsim ibn Muḥammad from ‘Ā’ishah. (al-Mu‘jam al-Kabīr, 23:22, 28)



Al-Ṭabarānī narrates it through two independent supporting chains from: Abū Isḥāq al-Sabī‘ī from Abū ‘Ubaydah ibn ‘Abdillāh ibn Mas‘ūd from ‘Ā’ishah. (al-Mu‘jam al-Kabīr, 23:22-23) Al-Nasa’ī also narrates it through this chain. (Sunan al-Nasa’ī, 6:82) Al-Ṭabarānī also narrates: “Abū Muslim al-Kashshī narrated to us: Sahl ibn Bakkār narrated to us: Abū ‘Awānah narrated to us from ‘Abd al-Malik ibn ‘Umayr from ‘Ā’ishah: 'I was given several features no woman was given: [The Prophet] had me [in marriage] when I was six years old…and he moved in with me when I was nine years old.'” (al-Mu‘jam al-Kabīr, 23:29) This is an acceptable chain.



Hence, the following students of ‘Ā’isha reported from her that she was six or seven at the time of marriage and nine when she moved in with the Prophet (ṣallallāhu ‘alayhi wasallam):



1. ‘Urwah ibn al-Zubayr (23 – 94 H)



2. Al-Aswad ibn Yazīd (pre-Hijrah – 75 H)



3. Abū Salamah ibn ‘Abd al-Raḥman (22 – 94 H)



4. Yaḥyā ibn ‘Abd al-Raḥmān ibn Ḥāṭib



5. Abū ‘Ubaydah ibn ‘Abdillāh ibn Mas‘ūd (25 – 81 H)



6. ‘Abd al-Malik ibn ‘Umayr (ca. 35 – 136 H)



7. Al-Qāsim ibn Muḥammad (ca. 40 – 107 H)



It has also been reported from:



8. Ibn Abī Mulaykah (38 – 118 H)



Based on such a large number of reports from her, the only possible way it can be claimed to be an error is to say ‘Ā’isha herself was mistaken, an absurd proposition given her intelligence, carefulness and exactness in narrating, and how intimately tied this issue is to her blessed life.



Ibn Mājah narrates:



Aḥmad ibn Sinān narrated to us: Abū Aḥmad narrated to us: Isrā’īl [ibn Yūnus] narrated to us from Abū Isḥāq from Abū ‘Ubaydah from ‘Abdullāh [ibn Mas‘ūd], he said: “The Prophet (ṣallallāhu ‘alayhi wasallam) married ‘Ā’ishah when she was seven, and he moved in with her when she was nine, and he passed away leaving her behind when she was eighteen.” (Sunan Ibn Mājah, Dār al-Risālah al-‘Ālamiyyah, 3:76)

As the editor points out, all the narrators are reliable, although Abū ‘Ubaydah did not hear from his father ‘Abdullāh [ibn Mas‘ūd], so the chain is broken. Nonetheless, since there are no major faults in the chain, it may be used as corroborating evidence.



A mursal report stating this age of ‘Ā’isha has been mentioned earlier from ‘Urwah. Al-Ḥākim in his Mustadrak narrates another mursal report with an acceptable chain from the Tābi‘ī, Yazīd ibn Jābir, that he said: “The Prophet (ṣallallāhu ‘alayhi wasallam) married ‘Ā’ishah when she was seven, and he moved in with her when she was nine, and he passed away leaving her behind when she was eighteen, and she passed away in the era of Mu‘āwiyah in the year 57.” (Mustadrak, Dār al-Ta‘ṣīl, 7:19)



‘Ā’isha mentioned “six”, “seven”, or sometimes both six and seven, for the age in which the marriage contract occurred. Ibn Ḥajar mentions that this was because she had completed her sixth year and entered into her seventh year. It may also be that she was six years old and almost turned seven, hence why she mentioned both ages.



This authentic report from ‘Ā’isha (raḍiyallāhu ‘anhā) was accepted by the scholars of ḥadith, as it was by the historians, biographers and jurists. The legal implication of this ḥadīth, that a father has the legal right to give his minor daughter in marriage, and that such a marriage is legitimate and valid, was accepted by near-consensus of the jurists.



Imām al-Shāfi‘ī quotes the ḥadīth on the age of ‘Ā’isha to prove that for a father to give his minor daughter in marriage is valid (al-Umm/Ikhtilāf al-Ḥadīth, Dār al-Wafā’, 10:142) Quoting a consensus on this issue, he then says: “ No one differs that it is valid on them.” (ibid.) In the major founding document of the Ḥanafī madhhab, al-Aṣl, Imām Muḥammad quotes the ḥadīth on the age of ‘Ā’isha to prove the same point. (al-Aṣl, 10:186) Imām Mālik is also of the view that when a minor is given in marriage by his or her father, the marriage is binding. (al-Mudawwanah, Dār al-Kutub al-‘Ilmiyyah, 2:215) In fact, just like al-Shāfi‘ī, others have quoted consensus on this ruling.



Ibn ‘Abd al-Barr quotes the great Mālikī judge of ‘Irāq, Qāḍī Ismā‘īl ibn Isḥāq (199 – 282 H), that he said: “The father may give the minor girl in marriage by consensus of the Muslims . That will then become binding on her.” (al-Tamhīd, Markaz Hajar,14:46)



Ibn ‘Abd al-Barr says: “ The ‘ulamā’ have reached consensus that the father may give his minor daughter without consulting her, due to the marriage of the Messenger of Allāh (ṣallallāhu ‘alayhi wasallam) to ‘Ā’isha when she was six years old.” (al-Tamhīd, 14:66)



Qāḍī ‘Iyāḍ said: “ There is no disagreement amongst the ‘ulamā’ on the validity of a father giving his minor daughter in marriage.” (Ikmāl al-Mu‘lim, 4:572)



Ibn Qudāmah al-Ḥanbalī says: “Regarding the minor virgin female, there is no disagreement about her [i.e. that her father may give her in marriage]. Ibn al-Mundhir (d. 318) said: All those that we preserved [knowledge] from amongst the people of religious learning have reached consensus that it is valid for a father to give his minor virgin daughter in marriage when he weds her to a compatible partner, and he may give her in marriage despite her dislike and refusal…‘Ā’isha said: 'The Prophet married me when I was six and moved in with me when I was nine,' and it is known that at that time she was not of those whose consent is considered.” (al-Mughnī, Dār ‘Ālam al-Kutub, 9:398)



Abū Bakr al-Jaṣṣāṣ said: “In this verse is proof that a father may give his minor daughter in marriage….and we do not know of any disagreement amongst the Salaf and Khalaf from the jurists of the towns over the permissibility of this, except something Bishr ibn al-Walīd narrated from Ibn Shubruma, that for a father to give minors in marriage is not valid.” (Aḥkām al-Qur’ān, Dār Iḥyā al-Turāth al-‘Arabī, 2:346)



Al-Ṭaḥāwī said: “Bishr ibn al-Walīd narrated from Abū Yūsuf from Ibn Shubruma that for a father to give minors in marriage is not valid.” (Mukhtaṣar Ikhtilāf al-‘Ulamā’, 2:257) However, this was regarded as an isolated view of Ibn Shubruma, against which others have quoted absolute consensus. Even so, according to this transmission, it does not entail Ibn Shubruma rejected the accepted view on the age of ‘Ā’isha. Ibn Ḥazm mentions: “Ibn Shubruma said: A father may not give his minor daughter in marriage except when she becomes mature and gives consent, and he regarded the matter of ‘Ā’isha (raḍiyallāhu ‘anhā) as being exclusive to the Prophet (ṣallallāhu ‘alayhi wasallam), like…marrying more than four.” (al-Muḥallā, Bayt al-Afkār, p. 1600)



Note: This is not a discussion on whether such a practice is advisable or inadvisable, but is intended to show its validity and legality in the Sharī‘ah, and that it is based in part on the accepted view on the age of ‘Ā’isha (raḍiyallāhu ‘anhā).



Hence, although there is a dissenting opinion, it was extremely isolated, to the point that several major scholars (al-Shāfi‘ī, Qāḍī Ismā‘īl, Ibn al-Mundhir, Ibn ‘Abd al-Barr, Qāḍī ‘Iyāḍ, Ibn Qudāmah) quote absolute consensus on the mainstream view: that for a father to give his minor daughter in marriage is valid in Sharī‘ah. For a more detailed discussion on the proofs of this ruling, one may read Mullā Khāṭir’s Zawāj al-Sayyida ‘Ā’ishah wa Mashrū‘iyyat al-Zawāj al-Mubakkir.



One of the unfortunate realities of the present time is that beliefs and notions that were accepted by Muslim scholarship throughout its history are being brought to question by so-called people of learning. One such accepted understanding is the age of the Mother of Believers, the Beloved of the Messenger of Allāh, ‘Ā’isha al-Ṣiddīqa (raḍiyallāhu ‘anhā), at the time of her marriage with the Prophet (ṣallallāhu ‘alayhi wasallam) i.e. that she was six or seven years old when the marriage contract was concluded and she moved in with the Prophet (ṣallallāhu ‘alayhi wasallam) at the age of nine. This is a truth accepted across the board, by ḥadīth-scholars, historians, biographers and the fuqahā’ (the jurists).The purpose of this small piece of research is to show conclusively that ‘Ā’isha (raḍiyallāhu ‘anhā) herself, without any doubt, declared that she was six or seven when she was married to the Prophet (ṣallallāhu ‘alayhi wasallam) and was nine when she moved in with him. Hence, those who claim she was significantly older are forced to claim that ‘Ā’isha (raḍiyallāhu ‘anhā), who according to al-Dhahabī is the most intelligent woman of this ummah, made a significant error, and that too about a matter so intimately connected to her own life. It is inconceivable to anyone with an understanding of the erudition, precision and intelligence of ‘Ā’isha that she could have made such a significant blunder.As we will see, ‘Ā’isha (raḍiyallāhu ‘anhā) did not state this age to only one or two of her close students, but several of her students narrate it from her. If this was regarded as a mistake on her part, surely other ṣaḥāba would have corrected her? Surely, the great scholars of the umma who painstakingly and meticulously recorded minute details on the life of the Prophet (ṣallallāhu ‘alayhi wasallam) and those around him would have at least pointed to apparent inconsistences or an alternative view? What we find instead is that the scholars of the ummah – across all disciplines – have accepted this age of ‘Ā’isha without question.The following is a brief analysis of the ḥadīth reports.Al-Bukhārī narrated it in several places that ‘Ā’isha said she was six at the time of marrying the Prophet (ṣallallāhu ‘alayhi wasallam) and nine when she moved in with the Prophet (ṣallallāhu ‘alayhi wasallam), after having settled in Madīnah. The narration is found through the authentic link Hishām ibn ‘Urwah from ‘Urwah ibn al-Zubayr from ‘Ā’ishah, with several narrators reporting it from Hishām inalone: ‘Alī ibn Mushir (no. 3894), Abū Usāmah (no. 3896), Sufyān ibn ‘Uyaynah (no. 5133, 5158) and Wuhayb ibn Khālid (no. 5134). Imām Muslim also narrates it from Abū Mu‘āwiyah and ‘Abdah ibn Sulaymān from Hishām. Other collections of ḥadīth mention several other narrators from Hishām. For instance, the great Egyptian student of Imām Mālik, ‘Abdullāh ibn Wahb (125 – 197 H), narrates it from two of his teachers: Sa‘īd ibn ‘Abd al-Raḥmān and ‘Abd al-Raḥmān ibn Abi l-Zinād, from Hishām. (, Dār al-Wafā’, p. 154-5) In one version, it is reported Sufyān ibn ‘Uyaynah said this is from the good and excellent reports that Hishām narrated from his father from ‘Ā’isha. (, 1:273)Imām Muslim also narrates the two following supporting narrations:This is an authentic chain from al-Zuhrī from ‘Urwah. ‘Abd al-Razzāq in hisalso narrates it as a mursal account from ‘Urwah via the authentic chain: Ma‘mar from al-Zuhrī from ‘Urwah. (, 6:162)Muslim also narrates:Hence, we find that Hishām is not alone in narrating this from ‘Urwah. The great imām of Madīnah, al-Zuhrī, also narrates it from ‘Urwah. Nor is ‘Urwah alone in narrating this from ‘Ā’ishah, but the great Tābi‘ī, al-Aswad ibn Yazīd, also narrates it from ‘Ā’ishah, Aswad ibn Yazīd being a student of ‘Ā’ishah probably more senior to her in age.Imām Aḥmad narrates in his: “Muḥammad ibn Bishr narrated to us: Muḥammad ibn ‘Amr narrated to us, saying: Abū Salama [ibn ‘Abd al-Raḥmān] and Yaḥyā ibn ‘Abd al-Raḥmān ibn Ḥāṭib narrated to us,” after which a lengthy account is recorded of the events leading up to the marriage of ‘Ā’isha (raḍiyallāhu ‘anhā); in the course of which, both narrators (Abū Salamah and Yaḥyā) narrate directly the words of ‘Ā’ishah: “I was nine years old at the time”, referring to the time in Madīnah when she moved in with the Prophet (ṣallallāhu ‘alayhi wasallam). (See:, 42:501-4) The chain is sound according to Ibn Ḥajar. Hence, these are two further students of ‘Ā’ishah confirming the account.Al-Ḥākim narrates a shorter version of the same account with his chain to only Yaḥyā ibn ‘Abd al-Raḥmān ibn Ḥāṭib from ‘Ā’isha (raḍiyallāhu ‘anhā), in which it states she was seven at the time of the marriage contract. (, Dār al-Ma‘rifah, 2:167)Al-Nasa’ī reports:All of the reporters in this chain are reliable.Isḥāq ibn Rāhwayh reports in hisThe editor of the work comments: “[It is] ṣaḥīḥ, its reporters are all trustworthy besides Ajlaḥ, who is reliable.” However, some have regarded Ajlaḥ as unreliable. If this report is accepted, however, the great imām from the Tābi‘īn, Ibn Abī Mulaykah, would be added to the list of those who narrated this from ‘Ā’isha (raḍiyallāhu ‘anhā).Al-Ṭabarānī narrates it with one weak and one strong chain from al-Qāsim ibn Muḥammad from ‘Ā’ishah. (, 23:22, 28)Al-Ṭabarānī narrates it through two independent supporting chains from: Abū Isḥāq al-Sabī‘ī from Abū ‘Ubaydah ibn ‘Abdillāh ibn Mas‘ūd from ‘Ā’ishah. (, 23:22-23) Al-Nasa’ī also narrates it through this chain. (, 6:82) Al-Ṭabarānī also narrates: “Abū Muslim al-Kashshī narrated to us: Sahl ibn Bakkār narrated to us: Abū ‘Awānah narrated to us from ‘Abd al-Malik ibn ‘Umayr from ‘Ā’ishah: 'I was given several features no woman was given: [The Prophet] had me [in marriage] when I was six years old…and he moved in with me when I was nine years old.'” (, 23:29) This is an acceptable chain.Hence, the following students of ‘Ā’isha reported from her that she was six or seven at the time of marriage and nine when she moved in with the Prophet (ṣallallāhu ‘alayhi wasallam):1. ‘Urwah ibn al-Zubayr (23 – 94 H)2. Al-Aswad ibn Yazīd (pre-Hijrah – 75 H)3. Abū Salamah ibn ‘Abd al-Raḥman (22 – 94 H)4. Yaḥyā ibn ‘Abd al-Raḥmān ibn Ḥāṭib5. Abū ‘Ubaydah ibn ‘Abdillāh ibn Mas‘ūd (25 – 81 H)6. ‘Abd al-Malik ibn ‘Umayr (ca. 35 – 136 H)7. Al-Qāsim ibn Muḥammad (ca. 40 – 107 H)It has also been reported from:8. Ibn Abī Mulaykah (38 – 118 H)Based on such a large number of reports from her, the only possible way it can be claimed to be an error is to say ‘Ā’isha herself was mistaken, an absurd proposition given her intelligence, carefulness and exactness in narrating, and how intimately tied this issue is to her blessed life.Ibn Mājah narrates:As the editor points out, all the narrators are reliable, although Abū ‘Ubaydah did not hear from his father ‘Abdullāh [ibn Mas‘ūd], so the chain is broken. Nonetheless, since there are no major faults in the chain, it may be used as corroborating evidence.A mursal report stating this age of ‘Ā’isha has been mentioned earlier from ‘Urwah. Al-Ḥākim in hisnarrates another mursal report with an acceptable chain from the Tābi‘ī, Yazīd ibn Jābir, that he said: “The Prophet (ṣallallāhu ‘alayhi wasallam) married ‘Ā’ishah when she was seven, and he moved in with her when she was nine, and he passed away leaving her behind when she was eighteen, and she passed away in the era of Mu‘āwiyah in the year 57.” (, Dār al-Ta‘ṣīl, 7:19)‘Ā’isha mentioned “six”, “seven”, or sometimes both six and seven, for the age in which the marriage contract occurred. Ibn Ḥajar mentions that this was because she had completed her sixth year and entered into her seventh year. It may also be that she was six years old and almost turned seven, hence why she mentioned both ages.This authentic report from ‘Ā’isha (raḍiyallāhu ‘anhā) was accepted by the scholars of ḥadith, as it was by the historians, biographers and jurists. The legal implication of this ḥadīth, that a father has the legal right to give his minor daughter in marriage, and that such a marriage is legitimate and valid, was accepted by near-consensus of the jurists.Imām al-Shāfi‘ī quotes the ḥadīth on the age of ‘Ā’isha to prove that for a father to give his minor daughter in marriage is valid (, Dār al-Wafā’, 10:142) Quoting a consensus on this issue, he then says: “that it is valid on them.” (ibid.) In the major founding document of the Ḥanafī madhhab,, Imām Muḥammad quotes the ḥadīth on the age of ‘Ā’isha to prove the same point. (, 10:186) Imām Mālik is also of the view that when a minor is given in marriage by his or her father, the marriage is binding. (, Dār al-Kutub al-‘Ilmiyyah, 2:215) In fact, just like al-Shāfi‘ī, others have quoted consensus on this ruling.Ibn ‘Abd al-Barr quotes the great Mālikī judge of ‘Irāq, Qāḍī Ismā‘īl ibn Isḥāq (199 – 282 H), that he said: “The father may give the minor girl in marriage. That will then become binding on her.” (, Markaz Hajar,14:46)Ibn ‘Abd al-Barr says: “that the father may give his minor daughter without consulting her, due to the marriage of the Messenger of Allāh (ṣallallāhu ‘alayhi wasallam) to ‘Ā’isha when she was six years old.” (, 14:66)Qāḍī ‘Iyāḍ said: “amongst the ‘ulamā’ on the validity of a father giving his minor daughter in marriage.” (, 4:572)Ibn Qudāmah al-Ḥanbalī says: “Regarding the minor virgin female,about her [i.e. that her father may give her in marriage]. Ibn al-Mundhir (d. 318) said: All those that we preserved [knowledge] from amongst the people of religious learningthat it is valid for a father to give his minor virgin daughter in marriage when he weds her to a compatible partner, and he may give her in marriage despite her dislike and refusal…‘Ā’isha said: 'The Prophet married me when I was six and moved in with me when I was nine,' and it is known that at that time she was not of those whose consent is considered.” (, Dār ‘Ālam al-Kutub, 9:398)Abū Bakr al-Jaṣṣāṣ said: “In this verse is proof that a father may give his minor daughter in marriage….and we do not know of any disagreement amongst the Salaf and Khalaf from the jurists of the towns over the permissibility of this, except something Bishr ibn al-Walīd narrated from Ibn Shubruma, that for a father to give minors in marriage is not valid.” (, Dār Iḥyā al-Turāth al-‘Arabī, 2:346)Al-Ṭaḥāwī said: “Bishr ibn al-Walīd narrated from Abū Yūsuf from Ibn Shubruma that for a father to give minors in marriage is not valid.” (, 2:257) However, this was regarded as an isolated view of Ibn Shubruma, against which others have quoted absolute consensus. Even so, according to this transmission, it does not entail Ibn Shubruma rejected the accepted view on the age of ‘Ā’isha. Ibn Ḥazm mentions: “Ibn Shubruma said: A father may not give his minor daughter in marriage except when she becomes mature and gives consent, and he regarded the matter of ‘Ā’isha (raḍiyallāhu ‘anhā) as being exclusive to the Prophet (ṣallallāhu ‘alayhi wasallam), like…marrying more than four.” (, Bayt al-Afkār, p. 1600)Note: This is not a discussion on whether such a practice is advisable or inadvisable, but is intended to show its validity and legality in the Sharī‘ah, and that it is based in part on the accepted view on the age of ‘Ā’isha (raḍiyallāhu ‘anhā).Hence, although there is a dissenting opinion, it was extremely isolated, to the point that several major scholars (al-Shāfi‘ī, Qāḍī Ismā‘īl, Ibn al-Mundhir, Ibn ‘Abd al-Barr, Qāḍī ‘Iyāḍ, Ibn Qudāmah) quote absolute consensus on the mainstream view: that for a father to give his minor daughter in marriage is valid in Sharī‘ah. For a more detailed discussion on the proofs of this ruling, one may read Mullā Khāṭir’s