Includes bibliographical references (pages 257-262) and index.
Contents:
Contextualizing and conceptualizing minor marriage -- The early compendia -- Early ı̀Þanaf̀ thought -- Early M♯lik̀ thought -- al-Sh♯fì -- Consensus -- Writing consensus -- Post-formative scholars.
Summary:
In 'Minor Marriage in Early Islamic Law', Carolyn Baugh offers an in-depth exploration of 8th-13th century legal sources on the marriageability of prepubescents, focusing on such issues as maintenance, sexual readiness, consent, and a father?s right to compel. Modern efforts to resist establishment of a minimum marriage age in countries such as Saudi Arabia rest on claims of early juristic consensus that fathers may compel their prepubescent daughters to marry. This work investigates such claims by highlighting the extremely nuanced discussions and debates recorded in early legal texts. From the works of famed early luminaries to the ?consensus writers? of later centuries, each chapter brings new insights into a complex and enduring debate.
Series:
Studies in Islamic law and society, 1384-1130 ; volume 41
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.