Age of Marriage: An Islamic Viewpoint

TF-RA | June 12, 2019

A very common misconception about Islām is concerned with the age of marriage in Islām (in general) and Prophet Muhammad's ﷺ marriage with Āisha (in particular). Let us have a brief look at this oft-repeated topic.

According to the most reliable Islamic sources Prophet Muhammad ﷺ married Āisha when she was six years old and consummated the marriage when she was nine years old. This marriage was morally acceptable at 7th century Arabia. There is no dispute on this and that's not what I wish to dedicate this article to. However, you can find out more about this topic in the short beautiful video below:

◾ Was the aim of this marriage seeking bodily desires or sexual pleasures? 

◾ Is this incident confined to its historical context or does it go beyond the confines of its historical context?

Answering these two questions is what I wish to dedicate this article to, inShāAllāh.

Prophet Muhammad's ﷺ Marriages

All the chaste and virtuous wives of Prophet Muhammad ﷺ were widows except for Āisha whom he married when she was still a young maiden. In addition to this, Prophet Muhammad ﷺ did not diversify his wives until he was past age fifty. Had the aim of marriage been seeking bodily desires or sexual pleasures, he would have married when he was a young man full of youthful vivacity not after he grew old; or he would have married young maidens, not aged widows. Moreover, during the first years of his prophethood, when he was married only to a widow fifteen years older than him, the chieftains of his tribe offered him kingship (1), any woman of his tribe that he desired and abundant wealth (2). They wanted him to stop his mission in return (for their offer). But, he refused it and chose a life replete with hardship and difficulty, to such a great degree that never could the family of Muhammad ﷺ afford to eat to the fill the bread of wheat beyond three days successively (3).

In fact, his declining the offer made by the chieftains of Quraish is a big thorn in the eyes of those who malign this man who has been ranked as the most influential person in history even by non-Muslim historians.

Marriage of Minors

Prophet Muhammad ﷺ is our ultimate role model; however, it must be noted that, as per Islamic teachings, we are not obligated to follow all what Prophet Muhammad ﷺ did because not all that he did was part of what we call ‘ibādah’ or ‘worship’. He did some of what he did based on what was customary at his time and our scholars have acknowledged this fact. In addition to that, Prophet Muhammad ﷺ would sometimes receive certain orders from Allāh that were exclusive to him and none else, like having more than four wives at one time (for political, societal, legislative, and educational reasons). 

In an authentic hadith, Āisha narrates that the Prophet ﷺ married her when she was six years old and consummated his marriage when she was nine years old. (4)

Referring to this hadith, a minority of scholars have discussed that Prophet Muhammad's ﷺ marriage with Āisha was exclusive to him. So, they have concluded that the father (or guardian) should not arrange a marriage for the girl until she reaches the age of puberty, and after she reaches the age of puberty he should not arrange a marriage (for her) unless she expresses her consent. Because, Prophet Muhammad ﷺ orders the guardians, saying: 

A matron should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission (5)

Nonetheless, the majority of scholars do not consider the marriage with Āisha to be exclusive to the Prophet ﷺ so they discuss that it is legally permissible to arrange a marriage for a young girl/boy.  However, it is preferable to avoid arranging a marriage for a young girl/boy except when there emerges a viable interest to be served by the marriage. Because, firstly, arranging marriage for a young girl/boy is not obligatory, it is simply permissible; secondly, the marriage entails unwanted obligations and responsibilities, and, thirdly, the outcomes of such a marriage are not guaranteed, especially in current era. As mentioned by imām Nawawi rahimahullāh, ‘According to Muslim scholars, it is recommended for the father or grandfather (i.e. the guardian) not to arrange a marriage for a virgin until she reaches the age of puberty and he (i.e the guardian) seeks her consent, lest she find herself trapped in a marriage that she resents. And what they said is not contrary to the hadith (about the marriage) of Āishah because what they mean is that he should not give her in marriage before puberty if there is no viable interest to be served by that for which there is the fear that it will be missed by delaying marriage, such as the story of Āishah (where the marriage provided her with a golden opportunity). In that case, it is recommended not to miss the opportunity to marry her to that husband, because the father is enjoined to take care of his children’s interests, and not to neglect them’ (6). It is well-known in Islam that if the father (or guardian) does not pursue the interests and well-being of his children in regards to marriage, then, the whole issue of marriage is to be handed to a judge.

Age of Marriage and Age of Consummation

It should also be noted that in Islam we differentiate between the age of marriage and the age of consummation.

In Islam no specific age has been specified for marriage. As soon as a girl/boy reaches the age of puberty, he/she is suitable for marriage and a marriage can be arranged for her/him after seeking her/his permission. Here we do not rely upon the age, but rather the natural and physical signs.

As discussed above, there is a mild disagreement between Muslim scholars concerning the marriage of an underage girl/boy (i.e. a girl/boy under the age of puberty). The majority (of scholars) say that it is legally permissible (for the guardians) to arrange a marriage for an underage girl/boy, yet avoiding it is preferable unless there is a viable interest to be served by that marriage. And, in that case, no consent is required because the consent of a minor is void. However, a minority (of scholars) say that it is not permissible for the guardians to arrange a marriage for an underage girl/boy under any circumstances or conditions till he/she reaches an age when he/she is competent to give his/her consent. 

In accordance with these variations in scholarly opinions, there is a difference of opinions on whether the should be set a minimum age for marriage. A group advocating setting a minimum age for marriage in current era. Another group opposing the notion of setting a minimum age. This issue is therefore subject to the decision of authorities in an Islamic community.

The age of consummation, however, can vary from one individual to another. And, marriage cannot be consummated till both the husband (or the boy) and the wife (or the girl) are mentally and physically capable of sexual intercourse and that which it entails. The girl/boy, in that case, will stay at her/his father's home till the signs of physical and mental capability are sighted. It was narrated from Ubādah bin Sāmit that the Messenger of Allah ﷺ said:

There should be neither harming nor reciprocating harm. (7)

That's the reason why Prophet Muhammad ﷺ married Āisha at the age of six and consummated the marriage at the age of nine.

It is in this manner that Islamic laws fit into all customs and ages till the Day of Judgment. No matter what community or age we deal with, rural or urban, ancient or modern, Islamic laws attempt to regulate the customs, not to suppress them, to benefit the people, not to restrict them. Why? Because Islam strikes a balance between various extremes. It's neither about extreme individualism nor extreme socialism. In Islam, the family institution or the society has as much value as the individuals. Hence, the decision made by a caring family for a member is as much valid as the decision he/she makes for him/herself.

Footnotes: 

 

Primary Sources: 

(1) Sirat ibn Ishāq, Beirut, Dārul Fikr, 1978, Page 197.

(2) Musannaf Ibn Abu Shaybah, Hadith 36560 (7/330). Musnad Abu Ya'lā, Hadith 1818 (3/349). Classed as authentic by al-Albāni in Sahih us Sirat, Page 160.

(3) Sahih Muslim, Hadith 2970.

(4) Sahih al-Bukhāri, Hadith 5134.

(5) Sahih al-Bukhāri 5136.
(6) An-Nawawī, ‘The Commentary on Sahih Muslim’, Dār I'hyā' At-Turath al-'Arabī, Vol.9, Page 206.

(7) Sunan Ibn Mājah 2340. Classed as authentic by al-Albāni (r.a).

 

Secondary Sources: 

(i) ‘Fallacies and Misconceptions about the Messenger's Marriages ﷺ’ by Sh. Muhammad Ali Al-Sābouni, Page 5.
(ii) ‘The Marriage of Minors with Respect to Delimiting the Age of Marriage’ by Sahā Yāsin 'Atā Al-Qaysī.