Minor Marriage in Early Islamic Law

by Carolyn Baugh

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.

274 pages, Hardcover

Published June 21, 2017

About the author

In addition to being Associate Professor of History and Arabic at Gannon University in Erie, Pennsylvania, Carolyn Baugh is a mom to two girls who constantly surprise her, and a devoted dog-owner to Carmen the Mutt.

She holds a master's degree (2008) and a PhD (2011) from the University of Pennsylvania in Arabic and Islamic Studies. Her academic focus has been gender issues in early Islamic law. At Gannon, she directs the refugee oral history program and also the Women's Studies program.

She believes she was probably meant to be a jazz pianist in some smoky Parisian bar.

Adulting is not her strong point.

Reviews

[Abdulaziz Ali · Rating 3 out of 5]

I did not read this book to read about the arguments he made against marrying off minors, since the idea has been well established by the islamic scholars. However, this serves as great source to see what the opinions of the Sahaba, the Tabi'un and the next generations were on the matter. Needless to say, times have changed and a traditional stance would not be ideal, although we still hold the opinion that the Madhahib, namely the Shafi'i, are superior.