Website: www.aaiil.uk
Child marriage and
Hazrat Aishah, wife of the Holy Prophet Muhammad
Friday
Khutba by Dr Zahid Aziz,
for Lahore
Ahmadiyya UK, 21 November 2025
|
“And
give women their dowries (nuptial gift) as a free gift. But if they of
themselves are pleased to give you a portion from it, consume it with
enjoyment and pleasure.” — ch. 4, An-Nisā’, v. 4 |
وَ اٰتُوا
النِّسَآءَ
صَدُقٰتِہِنَّ
نِحۡلَۃً ؕ
فَاِنۡ طِبۡنَ
لَکُمۡ عَنۡ
شَیۡءٍ مِّنۡہُ
نَفۡسًا
فَکُلُوۡہُ
ہَنِیۡٓــًٔا
مَّرِیۡٓــًٔا
﴿۴﴾ |
|
“And
test the orphans until they reach the age of marriage. Then if you find in
them maturity of intellect, make over to them their property…” — ch. 4, An-Nisā’,
v. 6 |
وَ ابۡتَلُوا
الۡیَتٰمٰی
حَتّٰۤی
اِذَا
بَلَغُوا
النِّکَاحَ ۚ
فَاِنۡ اٰنَسۡتُمۡ
مِّنۡہُمۡ
رُشۡدًا
فَادۡفَعُوۡۤا
اِلَیۡہِمۡ
اَمۡوَالَہُمۡ
ۚ … |
I have recited these verses to show
that, according to the Quran, a woman at the time of her marriage must have decision-making
capacity. Unfortunately, in later Islamic law, which was developed by Muslim
jurists two centuries and more after the beginning of Islam, the marriage of a
girl who is a child 10 or 11 years old is allowed. Child marriage was a custom
in many societies in the world. The reasons were often connected with
establishing or maintaining a political, tribal or property alliance between
families. Here in the UK until 1929 the minimum legal age of marriage was 12
for a girl and 14 for a boy provided they had the consent of the parents. The
law was changed in 1929 to raise the age for both girls and boys to 16 with
parental consent, and to 21 without need for parental consent. There are still
people in the UK, now aged 96 or more, within whose lifetime it was legal in
the UK for a girl to be married at the age of 12 years, and for a boy at the
age of 14 years.
The first verse I recited requires the
husband, at the time of marriage, to bestow a material gift on his wife, which
becomes her property. This is generally known as mahr. Maulana Muhammad
Ali, in his Urdu commentary on the Quran, has emphasised that the mahr is
a free gift which is given without expectation of any return. He mentions that
there was a pre-Islamic custom, which continued among some non-Muslim
communities for a long time later on, that this was a payment or bride-price
which the husband paid to the parents or guardians of the bride in exchange for
the bride. This custom is prohibited in Islam by declaring mahr to be a niḥlah
or free gift. It is written in a dictionary of the Arabic of the Quran,
compiled 900 years ago, that the word niḥlah
comes from the Arabic word for the honey bee which is naḥl because
bees bring free gifts for flowers when they fly over to them. Of course, honey
is sweet, and the niḥlah given to the bride by the husband must
also be a sweet and pleasing thing.
To be a property owner, a man or
woman must possess the discretion to make decisions. As every bride is given
this mahr, which becomes her material property, it clearly means that
she should be of age to own property. Moreover, the verse says that if the
bride is happy to give back something from it back to her husband as a gift
from her, then he should take it with pleasure. This clearly indicates that she
has the right to give that property by her own choice and discretion. So she
must be of an age to know what she is doing with her possessions and why she is
doing it.
The second quotation I read, which is
from the start of a verse two verses later, contains instructions for guardians
of orphans. Obviously, when orphans grow up, they have to be given independence
by their guardians. This verse requires the guardians to apply some kind of
test of mental maturity to the orphans, and if they pass it then to hand over
to them any property which the guardians were looking after for them. How does
marriage come into this? It comes in because the verse says that you should
keep on testing orphans till they reach the age of marriage. This clearly shows
that in Islam there is a minimum age below which marriage cannot take place,
and this is the age when a person attains mental maturity and can handle his or
her own money and property.
I mentioned above that in the UK the
legal age of marriage was set by law in 1929 at 16 for both girls and boys. At
the same time, the British government of India also proposed to pass a similar
law for British India, with the ages being 14 for girls and 16 for boys. The
purpose was to prevent the widespread custom of child marriages among Hindus
and Muslims. Various Muslim religious leaders expressed their opinions on this
measure. Maulana Muhammad Ali, in an article in English, wrote:
“Thus it would appear that the bill for fixing an age
limit for marriage in the case of boys as well as girls is quite in accordance
with the Holy Quran and the Sunnah, and must be welcomed by all Muslims and
given support to unconditionally. Personally 1 would like the age limit in the
case of girls to be raised to 15 and in the case of boys to 18. … Even those
Muslims who are of the opinion that Islam allows the marriage of minors must
concede that this is at the most an exception and also that the general trend
of the teachings of Islam is against it, and therefore, a law prohibiting the
marriage of minors cannot be said to be against the teaching of Islam.” (The
Light, 5 July 1928, p. 7–8)
The Muslim religious leaders who
regard child marriage as allowable put forward an argument that it is stated in
Bukhari that Hazrat Aishah was betrothed to the Holy Prophet, i.e., entered
into nikāḥ or the
marriage pact, when she was six years old, and she joined him in his household
when she was nine years old. These statements about her age have become
widespread among Muslims, non-Muslims and the critics of Islam. It appears that
Maulana Muhammad Ali was the first Islamic scholar directly to challenge that
she was this young. He showed from historical evidence that there were, not
three years, but five years between her nikāḥ and her joining
the Holy Prophet’s household, and that her nikāḥ took place
when she was at the least ten years old, making her at least fifteen years old
when her marital life started. Further research by members of our Jamaat has
shown that at her nikāḥ she was 14 or 15 years old and 19
years old when her marital life started. She had a sister, Hazrat Asma, about
whom it is known that she was ten years older than Hazrat Aishah, and from the
date of Hazrat Asma’s death and her age at death we find that Asma was 25 years
old when Hazrat Aishah’s nikāḥ took place. So Hazrat Aishah
was 15 at her nikāḥ.
I may mention two further evidences
about her true age. There is a famous biography of the Holy Prophet Muhammad,
written about 200 years after his death, known as Sīrat Rasūl
Allāh by Ibn Ishaq, edited by Ibn Hisham. It has been translated from
Arabic into other languages, including Urdu and English. It is well-known that
Hazrat Abu Bakr was one of the very earliest persons to accept Islam when the
Holy Prophet Muhammad started preaching at the age of forty. Then Hazrat Abu
Bakr himself started calling others to Islam. In Ibn Ishaq’s book there is a
list of people who accepted Islam at the invitation of Hazrat Abu Bakr. In that
list are mentioned:
“Asma, daughter of Abu Bakr, together with his little
daughter Aishah” (p. 116 of the English translation by A. Guillame).
This clearly shows that when the Holy
Prophet started his mission, Aishah had not only been born but was capable of
accepting Islam as her religion. As she was undoubtedly what is called a child
prodigy, she must have been not much less than 5 years old at the time. This
would make her at least 15 years old at the time of her nikāḥ,
and at least 20 when she joined him as wife.
Two incidents reported in Sahih
Bukhari relating to the famous battle of Uhud, which took place about a year
after her marriage to the Holy Prophet, also show that she could not possibly
have been 9 years of age at her marriage. A Companion of the Holy Prophet
relates:
“On the day (of the battle) of Uhud when (some) people
retreated and left the Prophet, I saw Aishah 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. 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.” (hadith 2880)
This is in a chapter of Bukhari
headed: “Women in battle and their fighting along with men.” Commenting on this
report, Maulana Muhammad Ali writes:
“It should also be noted that Aishah joined the Holy
Prophet’s household only one year before the battle of Uhud. According to the
common view she would be only ten years of age at this time, which is certainly
not a suitable age for the work she did on this occasion. This also shows that
she was not so young at this time.”
The second incident about this battle
is related by Hazrat Ibn Umar as follows:
“The Messenger of Allah called me to present myself in
front of him on the eve of the battle of Uhud, while I was fourteen years of
age at that time, and he did not allow me to take part in that battle, but he
called me in front of him on the eve of the battle of the Trench when I was
fifteen years old, and he allowed me.” (hadith 2664, 4097)
As the Holy Prophet did not allow Ibn
Umar, a male, to join the battle of Uhud because his age was only 14, how could
the Holy Prophet allow Hazrat Aishah, a female and his own wife, to come to
that battlefield at the supposed age of ten?
It is also abundantly clear from the
role which Hazrat Aishah played for the Muslim community for more than forty
years after the death of the Holy Prophet, as interpreter and teacher of Islam,
and narrator of the sayings and actions of the Holy Prophet, that he married
her because of her remarkable qualities, as well as due to the prospect that
she would live for a considerable period of time after his death and be able to
spread his message to distant generations. The qualities she was blessed with
included: a constant inquisitiveness to acquire knowledge, an excellent memory
to retain it, and a great power of understanding and reasoning with which to
analyse, interpret and apply it. Added to these were her boldness in speaking
the truth to anyone, however high they may be, and her extraordinary
communication skills to transmit that knowledge to a wide range of audiences,
whether it was the prominent Companions of the Holy Prophet or the ordinary
believers, scholars or students, males or females.
The Encyclopaedia Britannica
writes that many regard Hazrat Aishah “as personifying an early Islamic
idealization of women as the social and legal equal of men, valorized for their
contributions in both the private and public spheres.” May Allah enable all
Muslims to accord that recognition to her, and take her as our role-model — Ameen.
Website: www.aaiil.uk