Sam Shamoun "Was Aisha really only Nine?" (5)

Sam Shamoun "Was Aisha really only Nine?" (5)

None of the narrations saying she was 6 when engaged and 9 when moved with the prophet come from Mecca or Medina and whether from Muslim or Bukhari's sahih books combined, it is the same hadith narrated in multiple ways, which refutes the position that Aisha's age is established by multiple reliable sources.

Even the two hadith in Bukhari claiming that Aisha says her age are attributed to Hisham bin Urwa, so they arent even her own words. It is only in Muslim, in the context of permissibility of marrying young women, that we find two hadith claiming to be Aisha's words. But they all report additional material from Hisham that arent reported in Bukhari.

All such narrations come from Iraq, even those outside sahih Bukhari, and the majority of those are traced to Hisham bin Urwa, Asma's grandson, meaning there is no possibility to verify whether Hisham was involved in those other reports where his name isnt mentioned in the chain, directly or indirectly. So it all goes back to one source ultimately who himself was married to a 9 year old (8). In addition to this obvious bias, he is reported by imam Malik, his student, to have become unreliable in his Iraq period, due to changing, willingly or not, the transmission chain of certain reports going back to his father. But even if we dismiss these reservations and his bias, we would still be confronted to difficulties showing how any attempt at specifically determining Aisha's marriage age is not based upon contradiction-free information.

Asma was 10 years older than Aisha (9). Yet Hisham bin Urwa himself claims Asma lived until 100(10). Asma died in 73H (11). If she was 100 in 73H according to bin Urwa himself then it means she was 27 at the time of Hijra. Consequently Aisha was 17 at the time and 18-19 when she married 1 or 2 years later. Knowing this difficulty to harmonize the records available with bin Urwa's, the historian Imam Adh-Dhahabi tries reducing Asma's age at death in order to make it fit with the reports on Aisha's marriage age

"If this is true (Asma being 10 years older than Aisha), then the age of Asmaa when she passed away should be ninety-one".

For a 17-18 years old to be playing on a swing the day of her wedding with her friends or playing with toys during her marriage isnt an extreme oddity (12). This may be referring to the early period of her marriage. Today married men regularly spend hours playing video games. The contention that she played with dolls even after the campaign of Khaybar or Tabuk (13) which would mean around the age of 26 is flawed. The same narration is found in Bukhari and Muslim without the part about the prophet coming from Khaybar or Tabuk, as well as other differences. They have both rejected these parts because they are attributed to Yahya bin Ayyub who was deemed confused in the chain and content of this hadith. Even if one were to accept the passage as true for argument's sake, as well as Aisha's age of marriage at 6years old, then this means she was still playing with dolls after the battle of Khaybar when she was 15-16. Playing with dolls is not an indication of age or stage of physical development.

Public criticism, according to the tradition, was laid at Umar for his trying to marry Ali's daughter, because she was young and Umar was old, almost the same age difference between the Prophet and Aisha. In fact, the traditions record that this was one of the objections of Ali for the union and public criticism had gotten to the point Umar had to defend himself for the move in public. Umar made the point that he only wanted to marry her to affirm his ties with the House of the Prophet. Umar didnt use the precedent of the Prophet marrying Aisha at an alleged young age. This incident, involving the closest companions of the prophet, reveals the same inconsistencies as those noted earlier with the prophet's refusal to marry his daughter to AbuBakr. Also, if it was a norm of Arab culture, then why would he draw the criticism of the city of Medina for such an act?

Further, in the Muwatta which is the representative work on the school of Medina, in the chapter on marrying younger women without asking them, this narration isnt even reported. And you would think, in Medina of all places, the marriage of the Prophet to a young Aisha would serve an evidence for the people of Medina.

Where are the examples to substantiate the point of view that such practice was a norm in Arab culture? An interesting point to re-stress is that not only are there no examples to show how such practice was a norm, but also Urwa, the ultimate source of these traditions regarding Aisha's age, just so happened to have married a 9year old. Besides his poor memory at the time he reported Aisha's age, there is now another reason to seriously doubt his credibility, namely the blatant need to falsify a hadith to serve his interest in justifying an act that far from being the "norm" of the prophet's time, was unacceptable to many including the prophet's own entourage. 

Sam Shamoun "Was Aisha really only Nine?" (4)

Sam Shamoun "Was Aisha really only Nine?" (4)

It is well documented in the works of historians, like Tabari, that Aisha, along with all of Abu Bakr's children were born in Jahilliya (1) and this despite the fact that Tabari is aware of the 6-9 hadith as he quotes it in the same book (2). This refers in Islamic terminology to the period prior to the beginning of Muhammad's prophethood. The hijra, or migration towards Medina occured 13 years later, the same year which it is alleged that Aisha was married to the prophet, or the year after according to al-Nawawi (3).

This means there is no way possible she could have been less than 13 years old at the time of Hijra as some ahadith suggest. The proponents of Aisha's early age at the time of hijra ignore that statement of Tabari. This is significant because Tabari says that following their engagement, the prophet waited before consuming the marriage. But not because he wanted her to first reach puberty as implied in Bukhari or Muslim. It was rather due to his poor financial situation, inability to arrange a proper home for her and establish himself.

This is just one of the blatant examples of tension that exists within the hadith corpus as regards Aisha's age at the time of marriage, let alone the established marital pattern of the prophet. There perhaps exists no other topic within the sahih compilations which is at such a high level of contradictory tension with the rest of the remaining traditions. 

Another noteworthy observation in that regard is that the prophet himself denied his daughter Fatima's marriage to AbuBakr, then Umar, because she was comparatively too young to either of them (Sunan an-Nasa’i 3221). He instead married her to Ali who was 21 while it is reported that Fatima was 9. What better occasion was there for AbuBakr to mention the precedent of his own daughter marrying the prophet at 6 and expecting the prophet to reciprocate? The prophet would not have used the age argument to deny his daughter's hand to AbuBakr seeing that he married the latter's daughter at even a younger age and with an age gap exceeding that between Fatima and AbuBakr. This refusal can be understood in different ways; the age of 9 is not a benchmark for girls marriage, rather a combination of factors must be taken into account, including physical and mental readiness, which can occur at 9 or later but also compatibility in regards to personality. The other way to understand it is that the reports about Aisha's age of marriage are inaccurate.

According to a narrative in sahih Bukhari the revelation of al qamar:46 occured when Aisha was a young girl/jariya. Jariya never refers to a 4 years old. But if she was 12 then her reference as jariya by bukhari makes sense. The chapter ends a mere 9 verses later at v55 and it is obvious from the topic that v46 to v55 were revealed together and could not have been cut off. So the argument that some suras were revealed in portions with long intervals of time in between verses is moot. Besides all scholars agree this is a Meccan sura, whose finalization the opinion varies between the 4th and 8th year (4) of the call to prophethood.

But even if we consider Aisha's traditionally accepted date of birth in the 5th year of revelation as true, and in addition accept the latest estimation for the date when sura al-qamar was finalized on the 8th year of revelation as true, then this would mean Aisha was able to memorize with precision a verse and its reference when she was merely 3, which is highly unlikely. 

Other historians such as Ibn Ishaq and Ibn Hisham say she accepted Islam before Umar, who himself converted in the 9th year of revelation. These historians both say she was among the earliest converts. Ibn Ishaq places her at the 18th and ibn Hisham places her approximately at the 20th place chronologically. This takes us back during the 1st or at most the 2nd year of revelation. Aisha isnt supposed to have even been breathing at the time if she was truly born in the 5th year of revelation.

Even if we assume that this date of birth is true, how can anybody reasonably argue that someone willingly accepts a religion 3 years later at 3 years old (ie before Umar's conversion in the 9th year)?  
Aisha describes her vivid memory of events that supposedly happened when she was but an infant, such as Abu bakr's migration to Ethiopia in the 5th year of revelation, the year she was supposedly born in (5). This shows again, her birth could not have been later than the pre-islamic era, as confirmed in Tabari's reports.

As said in introduction, before her union with the prophet she was engaged to Jubayr ibn Mut'im ibn Adi. This is found, among others in Ibn saad's tabaqaat with authentic asanid. His father was a vehement enemy of the prophet, before Abu Bakr accepted Islam. The engagement was broken off by Jubayr's father when Abu Bakr converted and planned to go to Abyssinia in the 5th year of revelation, the year of Aisha's alleged birth (6). Even if we were to argue that this arrangement happened while both Aisha and Jubayr were toddlers, even infants, as would sometimes happen in ancient times among families seeking to strengthen their bonds, then this still doesnt allow for Aisha being born anytime than prior to the revelation. Mut`im bin Adi and his wife were polytheists when the engagement was made and resented the idea that their son would become Muslim if he married Aisha. Abu Bakr on the other hand was among the most zealous companions calling people towards Islam. This makes it highly unlikely that the staunch pagan Mut`m bin Adi mentioned his interest to Abu Bakr after the revelation.

She relates herself as having played an active role during the migration; getting the travelling goods together in a highly tense situation per the narrations. An 8 year old could not have acted in such a way. Again she describes herself how she reached Shajra along with the soldiers in the battle of Badr that took place in 2H. Nobody under 15 years old was allowed to join the soldiers in the battlefield. This was to avoid being captured and raised as idol-worshippers or killed and become a problem for the army. Yet she is alleged to have been 9 or 10, meaning she had absolutely no business whatsoever in being at the battlefield. But if she was born prior to the revelation, then by that time she would be around 18 years old, which makes sense. In fact there are reports of the prophet sending back some Muslim youths who tried, out of eagerness, to go along with the Muslim army.

The very notion that the Prophet would set an age limit to 15 for people to participate in battle, but allow 9-10 year olds or 11 year old females to accompany the battlefield, especially in such situations, is against all common sense. Why would young men below 15 be forbidden to be at the battle-field, but 9-10 year old girls be allowed to take care of people wounded and on the verge of death. Does one think the Prophet would have exposed these girls to the chance of being captured and eventually mistreated and abused by masters who used to force their female slaves into prostitution?
Anas further describes Aisha along with Umm Sulaim lifting their dresses up to avoid any hindrance in their movement, at the battle of Uhud. The idea of lifting the dress in Arab tradition, as is evident in abundant pre-Islamic poetry is a reference to women fleeing the battlefield, having to raise their skirts exposing their shins. This is what happened in Uhud when Muslim men were panicking, because the unbelievers had sent them into disarray. It had reached such an extent that they abandoned the Prophet.

Yet, here is a 'nine or ten year' old girl running back and forth, to various Muslim men assisting them with their needs in the midst of battle:

“On the day (of the battle) of Uhud when (some) people retreated and left the Prophet, I saw Aisha daughter of Abu Bakr and Umm Sulaim, with their robes tucked up so that the bangles around their ankles were visible hurrying with their water skins (in another narration it is said, ‘carrying the water skins on their backs’ (7). Then they would pour the water in the mouths of the people, and return to fill the water skins again and came back again to pour water in the mouths of the people”.

How can people think that at the height of the battle, when Muslims were panicking and even leaving the Prophet, Aisha was 9-11 years old, not even slightly panicking while attending bravely wounded soldiers, and was allowed to go into battle? Dont the narrations specifically tell us the Prophet constantly warned his men not to abandon their posts on the hill? If he was so keen about that matter and so keen on males being a specific age, what makes people think he was going to take females that would burden the army?

The fact is Aisha actively participated in battles during the prophet's life, assisting the men at the battlefield along with other women, which is why by the time of Ali's reign as Caliph, she gathered enough experience and credibility that she could rally a huge fighting force.

Sam Shamoun "Was Aisha really only Nine?" (3)

Sam Shamoun "Was Aisha really only Nine?" (3)

 

65:4"And (as for) those of your women/nisaa who have despaired of menstruation, if you have a doubt, their prescribed time shall be three months, and of those too who have not had their courses; and (as for) the pregnant women, their prescribed time is that they lay down their burden; and whoever is careful of (his duty to) Allah He will make easy for him his affair".

The verse comes in the context of divorce obviously as seen from the preceding verses, and is an expounding of the general rule mentioned prior in 2:228. It speaks of nisaa. Nisaa' only means mature women, not atfal/children who havent reached puberty 24:58, and obviously only nisaa can menstruate 2:222.

Even the commentators often quoted to support child marriages never speak of children in their analysis of 65:4 and "those who have not had their course". Ibn Kathir or ibn Abbas for instance infer that the reason for delayed menses is them being young. Since when did youth only cover children? ibn Abbas himself states that the age of nikah spoken of in 4:6 is puberty. 

Girls can reach puberty without menstruation. Body changes like body shape, breasts or pubic hair happen around 2 years before the first period. Sometimes menstruation is delayed longer due to medical and environmental reasons. But the girl will still be of marriageable age despite the delay, provided that she is also mentally ready. Those who often accuse Islam of allowing "pedophilia" have in mind sex with non-menstruating girls. The age of consent in some European countries today like Italy, France or Germany is 14-15. Yet, as stated earlier, many girls reach those ages without menstruation. Would this entail that even those most secular countries allow pedophilia? Those who defend that system would then argue that consent only applies to boys and girls of similar ages. It is thus better morally, spiritually and for the fabric of society to have 2 minors fornicating than a minor marrying an adult with her and her guardians' consent? Where are the parents in the equation, can they disagree and prevent a girl of 15 to have sex with another teenage boy? Does "age of consent" implies knowing what is good for oneself, especially in our modern societies where boys and girls are everything but mentally mature at this stage? Also, a 17 year old boy fornicating with a non menstruating girl of 14 is fine but if the boy is 18 he becomes a pedophile? Even more absurd is that a girl of 17 marrying a man of 25 is pedophilia while the same girl at 18 marrying a man of 50 is fine.

Yes, even in the patriarchal model, abuse is possible. Parents can be corrupt or careless and agree to a bad marriage. Just as they could be abusive and irresponsible to their children even while under their care. But at least they always are part of the equation whenever it comes to deciding for their well being, contrary to secular Judeo-Christian societies. And parents, for the most part will always do and agree only for what is best for their children. The premise of parenthood and guardianship in the Quran and every healthy society is that of care and protection of those under authority. These are the people who are intended in the spirit of the shariah, not abusive and careless guardians.

From a purely medical perspective, pelvic and general body size, as well as fat deposits are almost complete when the first period occurs, mostly between the 8-13 age range. In other words a girl reaches her adult shape at menarche, hence the reason they generally appear bigger than boys of the same age. There is no evidence of minor marriage and consummation at menarche intrinsically causing any more psycho-physical harm than for a girl in her mid 20s, especially not in a traditional backgrounds where girls are safeguarded by their guardians, only married depending on their overall readiness. The statistics showing harmful early marriages do not occur in such contexts and are most often due to poverty, improper medical care, absence of specialists, trained midwives etc. Such social factors elevate the risks associated with pregnancy and delivery across all age ranges. Spiritually, even evolutionary speaking it makes no sense that a girls' body is made capable of childbearing but that this potential is negated. Peak attractiveness of females is considered to be youth and fertility, not maturity, status or college education. Clear studied have shown that the majority of mature men have sexual thoughts and desires at the sight of minor and early pubescent girls. Due to  post-modern social stigma, these men for the most part did not openly admit it, unless the ages of the girls were hidden. Attractiveness of males generally occurs in the late 20s, with features such as status, maturity, and general manliness like facial hair, bone and muscle density.

The secular and modern Judeo-Christian argument boils down to saying that humanity has only now discovered that early marriages are harmful, even deadly due to physical and mental effects, than later marriages.

Going back to the classical jurists, al Shafi'i states that no virgin is to be given in marriage "until she reaches the age of puberty and they ask her permission". Same for ibn Taymiyya. This is based on the Quran's clear statement in 4:5-6 as well as the prophetic practice, who disolved arranged marriages where the bride wasnt asked permission and seemed unhappy. An nawawi quotes al Shafi'i and agrees with him "what they said does not go against the hadith of Aisha". 

Of course the classical scholars used ijtihad to apply the verse to marriages of interest done very early on in the ancient times. These unions were contracted but not consummated until both parties were physically and mentally mature. As ibn battal says "The scholars agreed that it is permissible for fathers to marry off their young daughters even if they are in the cradle, except it is not permissible for their husbands to consummate the marriage with them until they are prepared to safely have intercourse". 

The jurists stipulate that in such situation, the girl remains in her guardians' home until they deem her mature enough to consummate the marriage. This is established on physical appearance and mental development, which varies depending on many factors, internal to the person and environmental. At that point, and as shown earlier, the girl is free to reject the marriage proposal, prior to consummation as unanimously agreed. The prophet said 

"A previously married woman has more right (to decide) about herself (with regard to marriage) (than her guardian), and a virgin should be consulted by her father. [Sunan an-Nasa’i 3264]" 

"A virgin should not be given in marriage until her permission is granted. [Sahih al-Bukhari 6970]". 

Consent, which obviously implies mental maturity, is therefore always understood as part of the equation whenever the jurists discussed marriage procedures. Even if she accepts the marriage, no complete intercourse is allowed to occur if there is fear of physical and mental harm. And this can be due to many reasons besides youth, including illness or thinness. What is allowed then, are other type of harmless sexual acts husband and wife normally happily consent to.

When the classical jurists practiced ijtihad to determine the minimum age of marriage, they did not use Aisha's age as reference. Hanafi for instance define it as puberty based on 65:4. Hanbali, Shafi'i and Maliki place it at what they deem the average age of mental/physical maturity as per Quran 4:5-6, at around 15years old. Marrying a 9, 15 or 40 year old is not more of a command Muslims must follow than riding camels for transport or searching for a well to fill a bucket with water, just because the prophet did what was appropriate to his time, needs, context.

Thus the Muslim layman, scholars and jurists never saw the early marriage of Aisha to the prophet as sunna, a practice incumbent on Muslims to emulate. This is seen by the fact that statistically and since the beginning of Islam, girls being fully married around the early age of 9 was very rare. The numbers are dwarfed in comparison to the rapes and abuses of prepubescent boys and girls and minors, institutionalized and covered for centuries by the Catholic Church throughout the world and till this day. Yet these are the people who would like to paint Muslim societies in light of their own failures.

The words of the Quran have no specificity of age and are interested in dealing with determination of pregnancy via menstruation -a device that cannot cover prepubescent girls, unless they are well into the age of puberty but did not have their first period yet- and in addition the conditions are attached to the word nisaa in the beginning of the sentence, which only means physically mature women.

The 2 potential roots of the word nisaa denote either forgetfulness (n-s-y) or delay (n-s-hamza) and the manner in which these meanings relate to a physically mature women is that she has either forgotten when she had her last period or that her period is delayed. Both situations describe a woman who is potentially pregnant or that may become one. In the verse, there is no shift from talking about women to talking about children. A woman divorced prior to having her period should wait 3 menstrual periods to significantly reduce the chance of a pregnancy wrongly associated with the new husband. 

There are several physiological reasons for otherwise normally menstruating women that might cause them to fail having their courses, including pregnancy, medical conditions, hormonal dysfunctioning, stress, too much physical exertion, diet etc. It can be delayed and some women may not bleed very much, to the point its hardly noticeable such as what happens in the menopausal stage, before the postmenopause which is the period where women cannot get pregnant anymore.

Those women "who have not had their courses" therefore covers all these categories. The verse also speaks of those that might be in postmenopause and unable to carry children anymore but one isnt 100% sure they have reached such stage, hence the words "if you have a doubt" in the phrase 

"And (as for) those of your women who have despaired of menstruation, if you have a doubt".

 It speaks of women in a condition of despair as regards their monthly courses, women who are beyond the normal age limit and who have not had their courses anymore as they should. Any woman who has seen the effects of that natural phase in other women knows how well off she was during her menstrual phase and relatively mild bothersome symptoms that she experienced.

In comparison there are much more increased risks of health issues to a postmenopausal woman, like heart and bone diseases among many other conditions, not to speak of the mental factor of having to accept infertility, especially for those women without children and who married late. Some unsuccessfully tried to argue that since postmenopausal women must wait 3 idda despite them not having had their courses for a long time and having only a slight chance at pregnancy, then nothing negates that prepubescent girls must also wait 3 idda since, just like the former case, they too have not menstruated for long and in addition they too have a little chance of pregnancy about a month prior to their first courses.

However the wording denies their inclusion. Although one may "doubt" whether a pre-pubescent girl with whom one had intercourse is pregnant or not, just like one may doubt if a woman in postmenopause is pregnant, a pre-pubescent girl is certainly not one who has "despaired of her menstruation". Only one who is well into, if not already passed the normal age range at which women become postmenauposal, qualifies as "despaired of her menstruation". And besides, to include prepubescent girls among those who have "despaired of their menstruation" would entail they are well into, if not passed the normal age limit at which girls get their first period, ie the very late teens. This of course, doesnt serve the purpose of those claiming the Quran allows sex with females regardless of age and psycho-physical readiness.

An important thing to note here, in regards to the precision of the verse's wording, is that "doubt" over "possible" menstruation doesnt cover 

"those too who have not had their (menstrual) courses". 

The advocates of sex with psycho-physical immature females, need the "doubt" to cover them but it doesnt. It only concerns the women who are in postmenopause as described earlier. 

"those who havent had their courses" are women, again, flagged as NISAA', of menstrual age and in addition have already actually menstruated. They are fully expected to keep on menstruating, but they are not currently for the physiological reasons already given.

The purpose of the 3 month waiting period of idda is to determine if the woman about to divorce is pregnant 2:228. For a woman who is expected to menstruate normally, such delay might almost certainly mean pregnancy and also the womb starts to take on visible signs of pregnancy at that stage. This is why 33:49 states those that are divorced prior to sexual intercourse do not have to go through the idda waiting period. Obviously without sexual intercourse, there is no possibility of pregnancy.

That the issue of idda is all about ascertaining potential pregnancy via menstruation is also seen with the second part of the verse 65:4 which mentions the case of confirmed pregnant women, while the first part dealt with those that were potentially pregnant, saying their waiting period is no longer 3 months, but the whole length of the pregnancy.

In light of the above, the lack of menstruation concerns specifically women who are EXPECTED to have their period, which isnt the case of pre-pubescent girls. There is a reason the Quran contrasts the menstruation in terms of expectation (potential pregnancy) versus non-expectation (confirmed pregnancy). The fact that one claims such a verse refers to girls that can't even get pregnant is the utmost absurdity, because nobody expects them to get pregnant. Additionally, if one argues it does refer to pre-pubescent girls, then it renders the whole argument that consummation can only happen after puberty as null and void.

During both cases -that of a woman potentially pregnant having to wait for 3 idda and a confirmed pregnant woman having to wait until delivery- the man must fully sustain the woman without any kind of oppression, though they are going through a hard phase that will probably end in divorce 65:6-7.  

Sam Shamoun "Was Aisha really only Nine?" (2)

Sam Shamoun "Was Aisha really only Nine?" (2)

The Quran ties puberty with intellectual maturity together as a prerequisite for starting one's own life, showing that marriage is not only a question of physical maturity 4:5-6. Wealth is handed back to them when they reach maturity/rushd, determined intellectually, as well as a mariageable age, determined physically. If, by the way, the "reaching" of that age isnt determined through observable physical signs as occurs at puberty, but rather the reaching of a specific age, why doesnt the verse simply give that age? The reason is that these bodily changes occur at different ages. Further, to specify an age of marriage would be unpractical. Life expectancy varies depending on many factors. Some countries' average is in the 30s, even today. These conditions necessitate childbearing to happen at the earliest possible time so as to avoid demographic decline. Also, this marriageable age does not have to be at the very start of puberty. It is left to the parent's appreciation who must also evaluate mental readiness. This is done by talking and interacting socially with a person. By their behaviours in different situations and answers to topics like married life, one can evaluate readiness. Anyone who has children understands this process of maturity. The approach to marriageable age in Islam is thus holistic, instead of arbitrary as is the case in modern, secular societies. Muslim fathers, and traditional fathers in general are very protective towards their children and girls in particular. They will never just give away their daughters in marriage without making sure they are ready for full marital life, which includes being capable of shouldering multiple household tasks. Neither would they accept anyone marrying their daughters who is not in the best interest, spiritual, physical, material, to their daughter.

Age of consent in non-muslim countries has varied greatly throughout recent history. It went from "undefined" (ie during puberty) to around 15 years old. The reason they began raising the age was to avoid abuse and child prostitution. On the flip side, these unnatural regulations generated other problems. A child of 8-15 hitting puberty starts experiencing strong sexual desires. The best course of action is to have the consensual option of channeling those desires within the safe bonds of marriage. But modern societies prefer having their children engaging in hidden deviations including fornication, masturbation, pornography. Abstinence is a known failure in this age range and especially in our time of overexposure to information and temptations, as well as almost limitless gender mixing. The true fact is that in these Judeo-Christian liberal societies, by the time a girl reaches what is considered an acceptable marriage age in her mid 20s, she would have already accumulated multiple sex partners. The burden is thus on Judeo-Christian and secular societies to propose an alternative to the Islamic solution.

Also, and as is obvious in our modern times, mental maturity occurs much later than it did in earlier societies. In Islam however there is no such thing as age of consent. Sex is only possible if both parties enter into a marriage agreement. And this necessitates mental readiness as amply seen from the Quran and sunna. Neither the Quran nor the prophet ever allowed abusing anyone.

The verses 4:5-6 state that the orphans about to live independently are to be put through intellectual trials prior to their reaching the age of nikah

"And test the orphans until they attain mariageable age".

If the orphan reaches the age but fails those tests then he cannot be left to fully unite with another and consume the marriage, since starting a life of married couple necessarily includes managing a family and property. A woman receives the dower agreed upon with the husband, either before or after the marriage but always before there can be sexual contact 2:236-7,4:4,19,24-25,5:5. This is a very important point.

The husband cannot retain this amount under any circumstances unless the wife willingly chooses to remit some part of it. An immature woman cannot freely dispose of her wealth, not even a portion of it, meaning her mental maturity is a prerequisite for releasing the dower which must happen before sexual contact.

This shows again that mental and physical maturity are tied together as a prerequisite for living together as a married couple and starting one's own life. All this is demonstrated in the case of female orphans whom the guardian is taking care of and managing the property. The verses 4:5-6 are part of a passage dealing with the well being of orphans. It urges the guardian to make sure the orphans under his care are fully able to enter independently into society. Why would the same guardian do any differently with his own children? This is why commentators including ibn Abbas and ibn Kathir argue for the general application of the verse 4:5-6 to any immature individual. Similarly in 60:12 there is nothing specific for believing women. Bukhari reports that the Prophet, based on this verse addressing women, used to take pledge from believing men on exactly the same terms as believing women.

Elsewhere the Quran refers to marriage as a covenant/mithaq 4:21. As there can be no agreement unless both parties give their consent to it, marriage in Islam can only be contracted with the free consent of the two parties.

The fiqh of even the classical schools argue that a female needs to be consulted regarding her marital status. There is absolutely no such concept as a forced marriage in Islam and every female enters into the contract willingly and mentally capable to understand the situation she is getting into. The actual complete expression is mithaq ghaleezan/a solemn covenant and is used elsewhere to denote a serious bilateral agreement unbefitting of a child 4:154,33:7.

A Girl once came to the prophet, anxious and saying she dislikes the man her father has arranged for her, the Prophet answered

“If you do not like him, that is an end to the matter. You have full authority. Go and make the choice of man whom you would like to marry.”

This attitude from the Prophet was unheard of in a time where girls had nothing to say in that matter. His daughters married the men of their choice, when Ali came to him asking the hand of Fatima, he answered

"Several persons have come to me to ask the hand of az-Zahraa but by the displeasure of her countenance she has refused them. Now I shall inform her of your request.”

Sam Shamoun "Was Aisha really only Nine?" (1)

Sam Shamoun "Was Aisha really only Nine?" (1)

Aisha was the daughter of Abu Bakr. The prophet Muhammad married her 2 years after Khadija's death. As a prelude, it is important to note, the companions of the prophet were cconcerned for his emotional health, seeing how his sadness wouldnt go away following Khadija's passing away, even after marrying Sawda. It was Khawla, a prominent Muslim female companion that suggested Aisha. Being a known tactful person the prophet did not approach Abu Bakr directly but told Khawla to go back and

"mention me to them".

Abu Bakr then doesnt object, otherwise he would have simply said that she was already engaged at the time to Jubayr, whose family was non-Muslim. The only objection voiced by him was

“Is she good for him? She is his brother’s daughter”.

Nothing about inapropriatness based on age, rather Abubakr assumed that the false preislamic notion that assigned blood ties between people which do not actually exist, such as in adoption, still applied. The prophet corrected that false notion, again through Khawla. Abu Bakr was honored but never broke his pledge to Jubayr's father, it is he who later broke it as he did not want his son to be married in a Muslim family. Jubayr's father knew nothing of Abu Bakr's desire to give his daughter to the prophet. Even the consummation itself was urged by Abu Bakr, which disproves any reluctance from his side.

Not only did Abu Bakr consent, but the initial idea, the engagement and the consummation were all initiated and urged by people other than the Prophet. As to Aisha, in her own words, not only did she consent but actually overjoyed at the initial idea.

The prophet Muhammad proposed to her father Abu Bakr at a time when Muslims were facing the most tormented time of their history. Muslims had to be closer than ever and the Prophet, after being rejected by all influential men and tribes had to strengthen his ties with his few companions. Abu Bakr was still a respected man among the Quraysh and could therefore provide Muhammad with some protection. After Khadija's death, and following his marriage to Sawda, the widow of a companion that died in Abyssinia, he thus asked Aisha's hand.