Marriage of Aisha

Marriage of a Young Girl

The Question of the Ambassador Abu Umar al-Jaza’iri:

Peace, mercy, and blessings of Allah be upon you, O Imam.

An argument took place between me and one of the People of the Book. He is a denier of the Sunnah, and he says that most of the hadiths in Sahih al-Bukhari were fabricated by the Jews and taken from the Isra’iliyyat.

He then said that al-Bukhari mentioned hadiths that the mind cannot accept, such as the report that the Messenger of Allah, peace and blessings be upon him, consummated the marriage with Aisha, may Allah be pleased with her, when she was nine years old. He said: How could this happen when she was very young and had not reached puberty? It is impossible that such an act could have been committed by the Messenger of Allah, peace and blessings be upon him. All of this was inserted by the Jews, and no rational person can accept it.

He spoke about other matters that there is no need to mention. He told me that he follows the Qur’an alone and does not rely on anyone’s interpretation of the Qur’an, whether from the early generations or the later generations. Rather, he interprets the Qur’an himself. Glory be to Allah!

How, then, should this misconception, which is also promoted even by Christians among the People of the Book, be answered? May Allah bless you.

As an additional clarification, he said that he interprets the Qur’an according to his own opinion and does not accept anyone else’s interpretation, on the grounds that the other person is no better than him.

He then said: How could the marriage with Aisha have been consummated when she was nine years old? According to him, this is considered the molestation of a minor. Therefore, he considers the hadith of al-Bukhari to be fabricated and unacceptable to reason.

The Answer of al-Mustaqwi Billah:

Peace, mercy, and blessings of Allah be upon you, O Ambassador—a blessed and good greeting from Allah.

In the name of Allah, the Most Merciful, the Especially Merciful. Praise be to Allah, and may Allah’s prayers and blessings be upon our Prophet Muhammad. To proceed:

Allah, Most High, permitted His servants the marriage of a young girl who has not yet menstruated, when she is given in marriage by her father or her grandfather only. No one other than these two has the right to give her in marriage until she reaches the age of menstruation.

Allah, Most High, permitted the father to give her in marriage to a suitable match, in a marriage that causes her no harm, as the scholars—may Allah have mercy upon them—have stated.

With regard to our Mother Aisha, may Allah be pleased with her, the Messenger of Allah, peace and blessings be upon him, concluded the marriage contract with her when she was six years old and consummated the marriage with her when she was nine years old.

This only came to be regarded as objectionable after concepts and people’s circumstances had changed, and after the West and its followers deliberately enacted laws that contradict the Shariah and criminalize what Islam permitted, in order to drive people away from the religion of Allah. This is among the plots of Satan.

In addition, the circumstances of the Companions, may Allah be pleased with them, were different from the circumstances of people today. Their physical constitution was different from that of people today, and their way of life was different. Young girls did not go to school.

There is no doubt that several benefits were achieved through this marriage. Among them was the strengthening of the bonds of love between the Messenger of Allah, peace and blessings be upon him, and Abu Bakr al-Siddiq, the first of the caliphs.

Among them was Aisha’s service to the Messenger of Allah, peace and blessings be upon him, and her assistance to him in devoting himself to the enormous responsibilities of governing worldly affairs and leading the religion.

Among them was that she learned and acquired understanding of the religion from an early age. Her superiority over other women was like the superiority of tharid over all other foods. She was among those who narrated the greatest number of hadiths from the Messenger of Allah, peace and blessings be upon him, and among those who possessed the greatest understanding of the religion.

She had the virtue of teaching men and women the religion. She attained the honour of being married to the Messenger of Allah, peace and blessings be upon him, in this world and in the Hereafter. The Qur’an was revealed declaring her innocence and bearing witness to her faith.

She was the most beloved of people to the Messenger of Allah, peace and blessings be upon him, and she was intensely jealous over him. Sawdah gave her own night to Aisha, so the Messenger of Allah, peace and blessings be upon him, would spend one night with each of the rest of his wives, the Mothers of the Believers, and two nights with the Mother of the Believers Aisha, may Allah be pleased with her.

When the illness from which he died came upon him, the Messenger of Allah, peace and blessings be upon him, sought the permission of his wives to remain in Aisha’s house. Revelation used to descend in her house, may Allah be pleased with them all.

The Messenger of Allah, peace and blessings be upon him, died when she was eighteen years old.

Therefore, there is no consolation for the spiteful. Had she followed their laws, the Messenger of Allah, peace and blessings be upon him, would have died before she reached the age at which they permit marriage. She would have missed knowledge, understanding of the religion, honour, and marriage to the Messenger of Allah in the Hereafter. We would also have missed her hadiths and her understanding of religion.

However, Allah, Most High, is All-Knowing and All-Wise. He informed us about these doubters before they informed us about themselves, saying that they do not reason and do not understand.

Allah, Most High, informed us of the matters for which the polytheists criticized the Messenger of Allah, peace and blessings be upon him, and the believers. Yet they did not criticize his marriage to Aisha, may Allah be pleased with her. Had the matter been considered disgraceful among them, they would have been the first to seize upon it.

As for this person, he denies the hadith even though the verse in the Book of Allah indicates the permissibility of marrying a young girl who has not reached the age of menstruation.

As for his claim that he is capable of interpreting the Qur’an, this is part of his ignorance of the religion of Allah, Most High. The scholars—may Allah have mercy upon them—did not interpret the Qur’an according to personal desire. Rather, they interpreted it through the hadiths of the Messenger of Allah, peace and blessings be upon him, through consensus, and through the reports of the Companions who accompanied the Messenger of Allah, peace and blessings be upon him, relying upon the Arabic language and the poetry of the Arabs. They did not interpret it according to personal opinion.

Whoever speaks concerning the Book of Allah according to his own opinion, let him take his seat in the Fire.

When the early generations exercised independent reasoning in interpretation, they did so only on the basis of the Qur’an, the Sunnah, and consensus. They did not contradict anything definitive upon which consensus had been established. They exercised independent reasoning in matters where the necessity of explaining rulings to the Muslims and conveying knowledge to them required it.

Allah, Most High, says:

“And those of your women who have despaired of menstruation—if you are in doubt, then their waiting period is three months, and also for those who have not menstruated. And for those who are pregnant, their term is until they deliver their burdens. And whoever fears Allah—He will make ease for him in his matter.”

[Al-Talaq: 4]

Abu Ja‘far—may Allah have mercy upon him—said:

The meaning of the verse is: As for those of your women who have despaired of menstruation, if you are uncertain about the ruling concerning them and about their waiting periods, and you do not know what they are, then the ruling concerning their waiting period, when they are divorced after their husbands have consummated the marriage with them, is that their waiting period is three months.

“And those who have not menstruated” means: Likewise, the waiting period of young girls who have not menstruated because of their young age, if their husbands divorce them after consummation, is three months.

Those qualified to interpret the Qur’an have said something similar to what we have stated.

Mention of Those Who Said This

Muhammad narrated to us, saying: Asbat narrated to us from al-Suddi concerning His statement:

“And those of your women who have despaired of menstruation…”

He said: It refers to the woman whose menstruation has ceased; her waiting period is three months.

Regarding:

“And those who have not menstruated,”

he said: The young girls.

Bishr narrated to us, saying: Yazid narrated to us, saying: Sa‘id narrated to us from Qatadah concerning His statement:

“And those of your women who have despaired of menstruation…”

They are the women who have ceased menstruating and no longer menstruate.

“And those who have not menstruated” are the virgins who have not menstruated; their waiting period is three months.

I was informed from al-Husayn, who said: I heard Abu Mu‘adh say: Ubayd narrated to us, saying: I heard al-Dahhak say concerning His statement:

“And those who have despaired of menstruation…”

He said: They are the elderly women.

“And those who have not menstruated” means those who have not reached the age of menstruation but have been touched by their husbands. Their waiting period is three months.

Malik said:

The mourning obligations upon a young girl who has not reached the age of menstruation are the same as those upon a woman who has reached the age of menstruation. She must avoid what the adult woman avoids when her husband dies.

Al-Shafi‘i—may Allah, Most High, have mercy upon him—said:

No one other than the fathers may give a young girl who has not reached puberty in marriage. If someone else gives her in marriage, the marriage is annulled.

Grandfathers are considered fathers when there is no father, and they take the position of fathers in this matter.

He said:

When a young girl has been subjected to intercourse through a valid marriage, an invalid marriage, or fornication, whether she has reached puberty or has not reached puberty, she is considered previously married.

The father may not then give her in marriage except with her permission. He may not give her in marriage when she is previously married, even if she has not reached puberty.

He may only give a young girl in marriage when she is a virgin, because she has no authority over herself while she is young, nor does an adult virgin have authority over herself in the presence of her father.

He said:

No one other than the fathers may give a young virgin or previously married girl in marriage, whether with her permission or without her permission. Neither of them may be given in marriage until she reaches puberty and gives permission concerning herself.

If someone other than the fathers gives her in marriage while she is young, the marriage is annulled. They do not inherit from one another, and no divorce takes effect upon her. Its ruling is the ruling of an invalid marriage in all respects: no divorce or inheritance results from it.

The fathers and the rest of the guardians are equal concerning a previously married woman. No one may give a previously married woman in marriage except with her permission.

Her permission is expressed through speech, while the permission of a virgin is her silence.

If the father gives a previously married woman in marriage without her knowledge, the marriage is annulled, whether she later approves or does not approve. The same applies to all other guardians concerning a virgin or a previously married woman.

The Father Giving His Virgin Daughter in Marriage to an Unsuitable Match

Al-Shafi‘i—may Allah, Most High, have mercy upon him—said:

The father’s decision concerning his virgin daughter in marriage is valid when the marriage is beneficial to her or contains no deficiency for her. It is not valid when it causes her deficiency or harm.

Likewise, his buying and selling on her behalf is valid when there is no harm to her in the purchase or sale and it does not involve something that knowledgeable people would regard as an unacceptable loss. The same applies to his young son.

He said:

If a man gave his daughter in marriage to a slave belonging to him or to someone else, the marriage would not be valid, because the slave is not a suitable match. It is therefore not valid, and it necessarily causes a deficiency to her.

If he gave her in marriage to someone who was not a suitable match, it would not be valid, because this would cause a deficiency to her.

If he gave her in marriage to a suitable man who was afflicted with leprosy, vitiligo, insanity, castration, or the removal of his sexual organ, whether fully removed or not, it would not be valid for her.

This is because, had she been an adult, she would have had the option to annul the marriage upon learning of one of these illnesses.

If he gave her in marriage to a healthy and suitable man, and the man later developed one of these illnesses, the father would not have the right to separate them until she reached puberty. Once she reached puberty, she would have the choice.

He said:

If he concluded the marriage contract on her behalf with a man who had one of these illnesses, and the illness then disappeared before she reached puberty or at the time she reached puberty, and she chose to remain with him, she would not have that right, because the original marriage contract was annulled.

The Waiting Period of the Woman Who Has Despaired of Menstruation and the One Who Has Not Menstruated

Al-Shafi‘i—may Allah, Most High, have mercy upon him—said:

I heard someone whom I trust from among the people of knowledge say:

The first ruling concerning waiting periods that Allah, Almighty and Majestic, revealed was:

“Divorced women shall wait by themselves for three menstrual periods.”

They did not know the waiting period of a woman who had no menstrual cycles, namely the woman who did not menstruate, nor the waiting period of the pregnant woman.

Therefore, Allah, Almighty and Majestic, revealed:

“And those of your women who have despaired of menstruation—if you are in doubt, their waiting period is three months, and those who have not menstruated.”

He made the waiting period of the woman who had despaired of menstruation and the one who had not menstruated three months.

His statement, “if you are in doubt,” means: If you do not know what waiting period a woman without menstrual cycles must observe.

The Hadith

Abu Kurayb Muhammad ibn al-Ala narrated to us: Abu Usamah narrated to us.

And Abu Bakr ibn Abi Shaybah narrated to us, saying: I found in my book, from Abu Usamah, from Hisham, from his father, from Aisha, who said:

“The Messenger of Allah, peace and blessings be upon him, married me when I was six years old and consummated the marriage with me when I was nine years old.

“We then came to Medina, and I suffered from fever for a month, until my hair grew down to my ears.

“Umm Ruman came to me while I was on a swing with some of my female companions. She called out to me, so I went to her without knowing what she wanted from me.

“She took me by the hand and made me stand at the door. I was saying, ‘Hah, hah,’ until I regained my breath.

“She then took me into a house in which there were women from the Ansar. They said: ‘May it be upon goodness and blessing, and upon the best of fortune.’

“She handed me over to them. They washed my head and prepared me.

“Nothing surprised me except that the Messenger of Allah, peace and blessings be upon him, came in the forenoon, and they handed me over to him.”

Narrated by al-Bukhari and Muslim.

Muhammad ibn al-Mubarak informed us: Umar ibn Abd al-Wahid narrated to us from al-Awza‘i, who said:

I asked al-Zuhri about a man who purchases a slave girl who has not reached the age of menstruation and who is not of an age at which girls like her become pregnant: For how long must he observe her waiting period before approaching her?

He said: For three months.

Yahya ibn Abi Kathir said: For forty-five days.

Narrated by al-Darimi.

Understanding and success come only from Allah. Praise be to Allah, Lord of the worlds, and may Allah’s prayers, peace, and blessings be upon the Seal of the Messengers.

N.B.: This explanation must be understood within the historical and social context of the Prophetic state and the society in which these events occurred. The way of life, customs, living conditions, physical activity, and the age at which people began assuming family and social responsibilities were different from those of modern societies. People generally lived more physically demanding lives and were accustomed from an early age to work, travel, household duties, and other responsibilities. Such events should be understood according to the circumstances, customs, and recognized standards of their own time, rather than being judged solely through concepts and legal classifications that emerged many centuries later. This does not mean that human bodies were fundamentally different, but that people’s living conditions, upbringing, physical activity, and social expectations differed considerably from those prevailing today.

One of the lessons to be drawn is that modern societies have profoundly changed the way they view childhood, maturity, and the assumption of responsibility. Contemporary laws established a uniform minimum age, even though physical, intellectual, and psychological development does not occur identically in every individual. A person does not pass, on the day of turning eighteen, from complete incapacity to complete maturity, nor does a young woman suddenly become qualified within one or two days for something for which she was supposedly entirely unqualified before. Eighteen is therefore an administrative and legal threshold in modern society, not a natural boundary at which human development changes instantaneously.

The widespread existence of dating and romantic relationships before the age of eighteen in modern societies also reveals a certain inconsistency in contemporary discourse: emotional and physical development before that age is acknowledged in practice, while the number eighteen is sometimes presented as though it were an absolute moment of natural transformation. The sounder view is that marriage cannot be assessed by numerical age alone; consideration must be given to physical and mental well-being, genuine consent, the ability to bear responsibility, and the absence of harm, coercion, and exploitation.

What should have been understood, in its proper context, as a sign of trust, affection, and close bonds has become, in contemporary discourse, a subject of criticism and attack. The Messenger of Allah, peace and blessings be upon him, did not compel Abu Bakr al-Siddiq, may Allah be pleased with him, to give his daughter Aisha, may Allah be pleased with her, in marriage to him. Rather, the marriage took place with the approval of her family and within a relationship marked by deep faith, trust, affection, and reassurance between the Prophet, peace and blessings be upon him, and one of his closest Companions.

This demonstrates that marriage in that society was not merely a means of satisfying physical desire. It was also a family and social bond that could perform important religious, educational, and political functions and contribute to strengthening relationships among the leading figures of the emerging Muslim state and consolidating its foundations.

The effects of this marriage became clearly evident afterward. The Mother of the Believers Aisha, may Allah be pleased with her, became one of the most knowledgeable people concerning the Sunnah of the Messenger of Allah, peace and blessings be upon him. She transmitted a substantial part of his private life and many rulings relating to family life, worship, and personal conduct. Men and women from among the Companions and the generation that followed them learned from her.

This marriage therefore played a major role in preserving knowledge, educating the Muslim community, and conveying rulings that could only have been transmitted by someone who had lived within the household of Prophethood. It also strengthened the bond between the Messenger of Allah, peace and blessings be upon him, and Abu Bakr al-Siddiq, may Allah be pleased with him. Reducing this marriage to its physical aspect alone therefore ignores its broader religious, educational, social, political, and historical dimensions.

Al mustaqwi billah

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