The Marriage of
Prophet Muhammad ﷺ
and Aisha ؓ
Contextualizing Marriage Practices in Pre-Modern Societies
The Marriage of
Prophet Muhammad ﷺ
and Aisha ؓ
Contextualizing Marriage Practices in Pre-Modern Societies
The Marriage of
Prophet Muhammad ﷺ
and Aisha ؓ
Contextualizing Marriage Practices in Pre-Modern Societies
The Marriage of
Prophet Muhammad ﷺ
and Aisha ؓ
Contextualizing Marriage Practices in Pre-Modern Societies
The Marriage of
Prophet Muhammad ؐ
and Aisha ؓ
Contextualizing Marriage Practices in Pre-Modern Societies
Abstract
Abstract
This whitepaper offers a nuanced, cross-cultural analysis of how life expectancy and social norms in pre-modern societies influenced marriage practices. Primarily focusing on Western traditions, it links changes in demographic shifts to marital customs and societal expectations. Drawing parallels between these traditions and Islamic practices, it examines the marriage between Aisha B and Prophet Muhammad A within this broader historical context.
This whitepaper offers a nuanced, cross-cultural analysis of how life expectancy and social norms in pre-modern societies influenced marriage practices. Primarily focusing on Western traditions, it links changes in demographic shifts to marital customs and societal expectations. Drawing parallels between these traditions and Islamic practices, it examines the marriage between Aisha B and Prophet Muhammad A within this broader historical context.
1
How Life Expectancy Shaped Marriage Trends
How Life Expectancy Shaped Marriage Trends
From Old Worlds to New Norms
From Old Worlds to New Norms
Life Expectancy in Early Societies
Life Expectancy in Early Societies
Marriage patterns in pre-modern societies were shaped by life expectancy in ways that starkly contrast with modern practices. In the pre-modern world, average life expectancy was significantly lower, generally ranging from 25 – 40 years[1]. This was mainly due to high rates of infant mortality, malnutrition, childbirth complications, frequent conflicts, and the prevalence of infectious diseases. For example, life expectancy in Ancient Greece and Rome was estimated between 25 – 30 years[2]. Even as late as the Middle Ages, average life expectancy hovered around 30 – 33 years[3]. This shorter lifespan placed immense pressure on communities to ensure the survival of future generations, which significantly influenced social norms around marriage.
Women, in particular, faced greater urgency to marry and bear children soon after reaching puberty, not simply as a biological marker of maturity but as a pragmatic response to maximize fertility in an era of high infant mortality. Mary T. Boatwright, a distinguished historian and Professor of Classical Studies at Duke University, observes in her book Imperial Women of Rome, “since only half of children born would survive childhood, women had to give birth five to six times for Rome’s population rate to remain steady"[4]. High infant mortality and shorter life spans meant maintaining population levels was critical, as dwindling numbers threatened both resources and defense against external threats.
Early marriage was therefore not only a cultural norm, but a social responsibility for the survival of the community and the economic stability of households. Women were often married younger than men because their shorter life expectancy (in part due to childbirth risks), left them with limited time to bear and raise children. Meanwhile, men often delayed marriage until they had established economic or social stability before forming families[5].
Marriage patterns in pre-modern societies were shaped by life expectancy in ways that starkly contrast with modern practices. In the pre-modern world, average life expectancy was significantly lower, generally ranging from 25 – 40 years[1]. This was mainly due to high rates of infant mortality, malnutrition, childbirth complications, frequent conflicts, and the prevalence of infectious diseases. For example, life expectancy in Ancient Greece and Rome was estimated between 25 – 30 years[2]. Even as late as the Middle Ages, average life expectancy hovered around 30 – 33 years[3]. This shorter lifespan placed immense pressure on communities to ensure the survival of future generations, which significantly influenced social norms around marriage.
Women, in particular, faced greater urgency to marry and bear children soon after reaching puberty, not simply as a biological marker of maturity but as a pragmatic response to maximize fertility in an era of high infant mortality. Mary T. Boatwright, a distinguished historian and Professor of Classical Studies at Duke University, observes in her book Imperial Women of Rome, “since only half of children born would survive childhood, women had to give birth five to six times for Rome’s population rate to remain steady"[4]. High infant mortality and shorter life spans meant maintaining population levels was critical, as dwindling numbers threatened both resources and defense against external threats.
Early marriage was therefore not only a cultural norm, but a social responsibility for the survival of the community and the economic stability of households. Women were often married younger than men because their shorter life expectancy (in part due to childbirth risks), left them with limited time to bear and raise children. Meanwhile, men often delayed marriage until they had established economic or social stability before forming families[5].
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Evolution of Life Expectancy
Evolution of Life Expectancy
From Pre-Industrial Era to the Present
Well into the 19th century, average life expectancy remained below 40 years in many parts of the world. By the mid-20th century, rapid advancements in healthcare, improved nutrition, and rising living standards extended lifespans in developed nations to 65 – 70 years[7]. Today, many countries have seen life expectancy surpass 80 years, a testament to societal progress.
Well into the 19th century, average life expectancy remained below 40 years in many parts of the world. By the mid-20th century, rapid advancements in healthcare, improved nutrition, and rising living standards extended lifespans in developed nations to 65 – 70 years[7]. Today, many countries have seen life expectancy surpass 80 years, a testament to societal progress.
Shifting Dynamics of Marriage
Shifting Dynamics of Marriage
Longer Lives, Later Marriages
Longer Lives, Later Marriages
The turning point in women’s life expectancy came in the 20th century, when advancements in maternal health, such as antibiotics, prenatal care, and safer childbirth practices, enabled women to live longer than men on average.
This shift, coupled with increased access to education and career opportunities, fundamentally altered social dynamics around marriage and family life. The pressure for early marriage diminished as women gained more autonomy and longer life expectancy, allowing for delayed marriages and smaller family sizes[8].
The turning point in women’s life expectancy came in the 20th century, when advancements in maternal health, such as antibiotics, prenatal care, and safer childbirth practices, enabled women to live longer than men on average.
This shift, coupled with increased access to education and career opportunities, fundamentally altered social dynamics around marriage and family life. The pressure for early marriage diminished as women gained more autonomy and longer life expectancy, allowing for delayed marriages and smaller family sizes[8].
Adolescence as a Distinct Phase of Life
Adolescence as a Distinct Phase of Life
In pre-modern societies, adolescence as a concept did not exist in the structured way we understand it today. The transition from childhood to adulthood was brief, with young people assuming adult responsibilities, such as marriage and childbearing, soon after reaching physical maturity. As one of the world’s bestselling historian of medieval Europe, Frances Gies explains:
In pre-modern societies, adolescence as a concept did not exist in the structured way we understand it today. The transition from childhood to adulthood was brief, with young people assuming adult responsibilities, such as marriage and childbearing, soon after reaching physical maturity. As one of the world’s bestselling historian of medieval Europe, Frances Gies explains:
“Medieval children did not experience the prolonged stage of formalized maturation that modern educational systems have imposed, and children were generally treated as responsible adults from puberty” [9].
“Medieval children did not experience the prolonged stage of formalized maturation that modern educational systems have imposed, and children were generally treated as responsible adults from puberty” [9].
Frances Gies, American Historian
Frances Gies,
American Historian
Marriage and the Family in the Middle Ages
Marriage and the Family
in the Middle Ages
In many pre-modern societies, including ancient Greece and Rome, puberty and marriage often coincided for girls, marking a key transitional point in their lives. As noted by classical scholar Sarah Pomeroy, a leading expert in the social history of women in antiquity, “puberty and marriage often came at about the same time in a girl's life” [10]. Even into the 20th century, the canonical age for marriage in Christian societies was set at twelve — considered by the Church as the age of biological maturity for marriage[11]. In some denominations, betrothals were arranged even earlier, sometimes well before puberty[12].
In many pre-modern societies, including ancient Greece and Rome, puberty and marriage often coincided for girls, marking a key transitional point in their lives. As noted by classical scholar Sarah Pomeroy, a leading expert in the social history of women in antiquity, “puberty and marriage often came at about the same time in a girl's life” [10]. Even into the 20th century, the canonical age for marriage in Christian societies was set at twelve — considered by the Church as the age of biological maturity for marriage[11]. In some denominations, betrothals were arranged even earlier, sometimes well before puberty[12].
Historical and Legal Transformation
The formal concept of adolescence as a distinct phase of life emerged much more recently, alongside the industrial revolution and rising life expectancy. Prior to 1920, the consent ages in the United States allowed young people to marry as early as 10 or 12 with parental consent, with Delaware's minimum age set at 7 years in 1895. These laws reflect a period when shorter life expectancy led to earlier assumptions of societal roles, including marriage.
In modern times, adolescence has evolved into a period of personal and educational growth, with marriage and childbearing often delayed until individuals are well into adulthood. As life expectancy rises, this extended adolescence has become a crucial phase, allowing individuals to prepare for the demands of adulthood in ways unimaginable to earlier societies.
Despite these advancements, age-of-consent laws still vary globally, with countries such as Argentina or Spain still permitting marriages at ages as young as 13 in 2007[13]. This variation underscores the complexities of adolescence and adulthood in different societies, highlighting how legal and cultural norms continue to evolve in response to broader societal changes.
Historical and Legal Transformation
The formal concept of adolescence as a distinct phase of life emerged much more recently, alongside the industrial revolution and rising life expectancy. Prior to 1920, the consent ages in the United States allowed young people to marry as early as 10 or 12 with parental consent, with Delaware's minimum age set at 7 years in 1895. These laws reflect a period when shorter life expectancy led to earlier assumptions of societal roles, including marriage.
In modern times, adolescence has evolved into a period of personal and educational growth, with marriage and childbearing often delayed until individuals are well into adulthood. As life expectancy rises, this extended adolescence has become a crucial phase, allowing individuals to prepare for the demands of adulthood in ways unimaginable to earlier societies.
Despite these advancements, age-of-consent laws still vary globally, with countries such as Argentina or Spain still permitting marriages at ages as young as 13 in 2007[13]. This variation underscores the complexities of adolescence and adulthood in different societies, highlighting how legal and cultural norms continue to evolve in response to broader societal changes.
2
The Evolution of Marriage Norms
The Evolution of Marriage Norms
From Ancient Civilizations to Modern Practices
From Ancient Civilizations to Modern Practices
Marriage Norms in the Ancient World
Marriage Norms in the Ancient World
Sumeria and Babylonia
2000 BCE − 1500 BCERecords of the Code of Hammurabi (circa 1754 BCE) indicate that girls were typically married shortly after reaching puberty and childbearing age. It also outlines family provisions, suggesting marriages were arranged while girls were young, with formal relations after they were deemed physically mature[1]. Although the code doesn't specify ages, the Middle Assyrian Laws reference the age of ten in relation to marriage[2].
Ancient Egypt
1500 BCEReligious texts and tomb inscriptions suggest that Egyptian girls were typically married shortly after puberty, usually between 12 and 14 years old, though marriages at ages as young as 8, 9, or 10 were not uncommon[3]. British archaeologist and Egyptologist Joyce Tyldesley notes “there is certainly textual evidence from the Graeco-Roman period for Egyptian girls marrying as young as eight or nine” [4].
Ancient Rome and Greece
1000 BCE − 500 CEBritish archaeologist Joyce Tyldesley notes that “evidence from [ancient] Rome, where female puberty was legally fixed at the age of twelve regardless of the physical development of the girl concerned, indicates that ten- or eleven-year-old brides were not uncommon” [4]. Ancient Greece literature by Aristophanes and Plutarch also depicts young women marrying men who were typically older, reflecting the cultural expectation that women marry shortly after puberty[5a].
Sassanian Empire
224 – 651 CEMiddle Persian civil law, particularly during the Sassanian Empire (which existed contemporaneously with pre-Islamic Arabia), recognized marriage for girls as early as nine, with marital relations beginning when they were considered physically mature, typically between the ages of nine and twelve[5b]. Delaying marriage beyond puberty often resulted in social consequences[5b].
Sumeria and Babylonia
2000 BCE − 1500 BCERecords of the Code of Hammurabi (circa 1754 BCE) indicate that girls were typically married shortly after reaching puberty and childbearing age. It also outlines family provisions, suggesting marriages were arranged while girls were young, with formal relations after they were deemed physically mature[1]. Although the code doesn't specify ages, the Middle Assyrian Laws reference the age of ten in relation to marriage[2].
Ancient Egypt
1500 BCEReligious texts and tomb inscriptions suggest that Egyptian girls were typically married shortly after puberty, usually between 12 and 14 years old, though marriages at ages as young as 8, 9, or 10 were not uncommon[3]. British archaeologist and Egyptologist Joyce Tyldesley notes “there is certainly textual evidence from the Graeco-Roman period for Egyptian girls marrying as young as eight or nine” [4].
Ancient Rome and Greece
1000 BCE − 500 CEBritish archaeologist Joyce Tyldesley notes that “evidence from [ancient] Rome, where female puberty was legally fixed at the age of twelve regardless of the physical development of the girl concerned, indicates that ten- or eleven-year-old brides were not uncommon” [4]. Ancient Greece literature by Aristophanes and Plutarch also depicts young women marrying men who were typically older, reflecting the cultural expectation that women marry shortly after puberty[5a].
Sassanian Empire
224 – 651 CEMiddle Persian civil law, particularly during the Sassanian Empire (which existed contemporaneously with pre-Islamic Arabia), recognized marriage for girls as early as nine, with marital relations beginning when they were considered physically mature, typically between the ages of nine and twelve[5b]. Delaying marriage beyond puberty often resulted in social consequences[5b].
Sumeria and Babylonia
2000 BCE − 1500 BCERecords of the Code of Hammurabi (circa 1754 BCE) indicate that girls were typically married shortly after reaching puberty and childbearing age. It also outlines family provisions, suggesting marriages were arranged while girls were young, with formal relations after they were deemed physically mature[1]. Although the code doesn't specify ages, the Middle Assyrian Laws reference the age of ten in relation to marriage[2].
Ancient Egypt
1500 BCEReligious texts and tomb inscriptions suggest that Egyptian girls were typically married shortly after puberty, usually between 12 and 14 years old, though marriages at ages as young as 8, 9, or 10 were not uncommon[3]. British archaeologist and Egyptologist Joyce Tyldesley notes “there is certainly textual evidence from the Graeco-Roman period for Egyptian girls marrying as young as eight or nine” [4].
Ancient Rome and Greece
1000 BCE − 500 CEBritish archaeologist Joyce Tyldesley notes that “evidence from [ancient] Rome, where female puberty was legally fixed at the age of twelve regardless of the physical development of the girl concerned, indicates that ten- or eleven-year-old brides were not uncommon” [4]. Ancient Greece literature by Aristophanes and Plutarch also depicts young women marrying men who were typically older, reflecting the cultural expectation that women marry shortly after puberty[5a].
Sassanian Empire
224 – 651 CEMiddle Persian civil law, particularly during the Sassanian Empire (which existed contemporaneously with pre-Islamic Arabia), recognized marriage for girls as early as nine, with marital relations beginning when they were considered physically mature, typically between the ages of nine and twelve[5b]. Delaying marriage beyond puberty often resulted in social consequences[5b].
Sumeria and Babylonia
2000 BCE − 1500 BCERecords of the Code of Hammurabi (circa 1754 BCE) indicate that girls were typically married shortly after reaching puberty and childbearing age. It also outlines family provisions, suggesting marriages were arranged while girls were young, with formal relations after they were deemed physically mature[1]. Although the code doesn't specify ages, the Middle Assyrian Laws reference the age of ten in relation to marriage[2].
Ancient Egypt
1500 BCEReligious texts and tomb inscriptions suggest that Egyptian girls were typically married shortly after puberty, usually between 12 and 14 years old, though marriages at ages as young as 8, 9, or 10 were not uncommon[3]. British archaeologist and Egyptologist Joyce Tyldesley notes “there is certainly textual evidence from the Graeco-Roman period for Egyptian girls marrying as young as eight or nine” [4].
Ancient Rome and Greece
1000 BCE − 500 CEBritish archaeologist Joyce Tyldesley notes that “evidence from [ancient] Rome, where female puberty was legally fixed at the age of twelve regardless of the physical development of the girl concerned, indicates that ten- or eleven-year-old brides were not uncommon” [4]. Ancient Greece literature by Aristophanes and Plutarch also depicts young women marrying men who were typically older, reflecting the cultural expectation that women marry shortly after puberty[5a].
Sassanian Empire
224 – 651 CEMiddle Persian civil law, particularly during the Sassanian Empire (which existed contemporaneously with pre-Islamic Arabia), recognized marriage for girls as early as nine, with marital relations beginning when they were considered physically mature, typically between the ages of nine and twelve[5b]. Delaying marriage beyond puberty often resulted in social consequences[5b].
Sumeria and Babylonia
2000 BCE − 1500 BCERecords of the Code of Hammurabi (circa 1754 BCE) indicate that girls were typically married shortly after reaching puberty and childbearing age. It also outlines family provisions, suggesting marriages were arranged while girls were young, with formal relations after they were deemed physically mature[1]. Although the code doesn't specify ages, the Middle Assyrian Laws reference the age of ten in relation to marriage[2].
Ancient Egypt
1500 BCEReligious texts and tomb inscriptions suggest that Egyptian girls were typically married shortly after puberty, usually between 12 and 14 years old, though marriages at ages as young as 8, 9, or 10 were not uncommon[3]. British archaeologist and Egyptologist Joyce Tyldesley notes “there is certainly textual evidence from the Graeco-Roman period for Egyptian girls marrying as young as eight or nine” [4].
Ancient Rome and Greece
1000 BCE − 500 CEBritish archaeologist Joyce Tyldesley notes that “evidence from [ancient] Rome, where female puberty was legally fixed at the age of twelve regardless of the physical development of the girl concerned, indicates that ten- or eleven-year-old brides were not uncommon” [4]. Ancient Greece literature by Aristophanes and Plutarch also depicts young women marrying men who were typically older, reflecting the cultural expectation that women marry shortly after puberty[5a].
Sassanian Empire
224 – 651 CEMiddle Persian civil law, particularly during the Sassanian Empire (which existed contemporaneously with pre-Islamic Arabia), recognized marriage for girls as early as nine, with marital relations beginning when they were considered physically mature, typically between the ages of nine and twelve[5b]. Delaying marriage beyond puberty often resulted in social consequences[5b].
Jewish Marriage Practices
Jewish Marriage Practices
Late Antiquity to Early Medieval Period
Ketubah (Jewish Marriage Contract)
During the Talmudic period (200 CE – 500 CE), young women were typically married shortly after reaching puberty, which aligned with their bat mitzvah, the age at which they were considered both religiously mature and women[6].
During the Talmudic period (200 CE – 500 CE), young women were typically married shortly after reaching puberty, which aligned with their bat mitzvah, the age at which they were considered both religiously mature and women[6].
The Talmud and Mishnah indicate that girls could marry at 12 or 13 years old[7]SOURCE, or even younger in some cases[8]. One of the most debated cases in Jewish tradition involves Rebecca's marriage to Isaac. According to Rabbi Solomon ben Isaac (Rashi), one of the most renowned and foundational Jewish scholars in history, Rebecca was 3 years old when betrothed to Isaac, who was 40. This interpretation stems from a chronological reading of Genesis in the Old Testament, linking her birth to the Binding of Isaac[8]. SOURCE
The Talmud and Mishnah indicate that girls could marry at 12 or 13 years old[7]SOURCE, or even younger in some cases[8]. One of the most debated cases in Jewish tradition involves Rebecca's marriage to Isaac. According to Rabbi Solomon ben Isaac (Rashi), one of the most renowned and foundational Jewish scholars in history, Rebecca was 3 years old when betrothed to Isaac, who was 40. This interpretation stems from a chronological reading of Genesis in the Old Testament, linking her birth to the Binding of Isaac[8]. SOURCE
“… Isaac was then 37 years old. At that period Rebecca was born and he waited until she was fit for marriage — 3 years — and then married her (Seder Olam)” [8]. source
“… Isaac was then 37 years old. At that period Rebecca was born and he waited until she was fit for marriage — 3 years — and then married her (Seder Olam)” [8]. source
Rabbi Solomon ben Isaac (Rashi)
"One of the most influential Jewish commentators in history." — My Jewish Learning
According to the Mishnah, the first major work of rabbinic literature, a father had the authority to arrange a marriage for his daughter while she was still a minor. In discussing the legal implications of such marriages, several passages address the age at which a betrothal or marriage becomes legally valid under Jewish law:
According to the Mishnah, the first major work of rabbinic literature, a father had the authority to arrange a marriage for his daughter while she was still a minor. In discussing the legal implications of such marriages, several passages address the age at which a betrothal or marriage becomes legally valid under Jewish law:
“A girl who is three years and one day old, whose father arranged her betrothal, is betrothed through intercourse… And in a case where the childless husband of a girl three years and one day old dies, if his brother engages in intercourse with her, he acquires her as his wife” [9]. SOURCE
The William Davidson Talmud
Niddah 44b
“A girl who is three years and one day old, whose father arranged her betrothal, is betrothed through intercourse… And in a case where the childless husband of a girl three years and one day old dies, if his brother engages in intercourse with her, he acquires her as his wife” [9]. SOURCE
Niddah 44b
“… with regard to a girl less than three years and one day old, that she is not disqualified by merely entering the wedding canopy. Since there is no legal significance to an act of intercourse with her, there is no legal significance to entering the wedding canopy with her” [10]. SOURCE
The William Davidson Talmud
Yevamot 57b
“… with regard to a girl less than three years and one day old, that she is not disqualified by merely entering the wedding canopy. Since there is no legal significance to an act of intercourse with her, there is no legal significance to entering the wedding canopy with her” [10]. SOURCE
Yevamot 57b
It is important to note that while these legal texts offer insight into historical Jewish law and the framework for marriage, contemporary Jewish communities no longer consider these practices regarding betrothal and marriage applicable and emphasize consent as a fundamental requirement for marriage.
It is important to note that while these legal texts offer insight into historical Jewish law and the framework for marriage, contemporary Jewish communities no longer consider these practices regarding betrothal and marriage applicable and emphasize consent as a fundamental requirement for marriage.
Christian Marriage Practices
Christian Marriage Practices
Late Antiquity to the Late Middle Ages
After the Edict of Milan in 313 CE, Christianity became increasingly institutionalized in the Roman Empire. The Church adopted Roman marriage laws, setting 12 as the age of consent — the age at which girls were considered mature enough for a binding contract.
After the Edict of Milan in 313 CE, Christianity became increasingly institutionalized in the Roman Empire. The Church adopted Roman marriage laws, setting 12 as the age of consent — the age at which girls were considered mature enough for a binding contract.
Gratian, a 12th-century jurist and monk known as the father of canon law, compiled and systematized church laws into the Decretum, which became a foundational text. His Decretum (1140) formalized these standards, establishing 12 as the legal marriage age for girls within medieval canon law. This framework shaped Church governance on marriage and continued to influence Western marriage laws into the 19th century[12].
As a result of Gratian’s influence, marriage practices in the late Middle Ages often followed these legal standards. Records from noble families in the 14th and 15th centuries show girls marrying at 12 or 13[13], reflecting the enduring impact of Roman and canon law traditions established by the Decretum.
Canon law also recognized "imperfect marriages," which could be contracted as early as age 7[11].
Gratian, a 12th-century jurist and monk known as the father of canon law, compiled and systematized church laws into the Decretum, which became a foundational text. His Decretum (1140) formalized these standards, establishing 12 as the legal marriage age for girls within medieval canon law. This framework shaped Church governance on marriage and continued to influence Western marriage laws into the 19th century[12].
As a result of Gratian’s influence, marriage practices in the late Middle Ages often followed these legal standards. Records from noble families in the 14th and 15th centuries show girls marrying at 12 or 13[13], reflecting the enduring impact of Roman and canon law traditions established by the Decretum.
Canon law also recognized "imperfect marriages," which could be contracted as early as age 7[11].
The Catholic Encyclopedia
Topic "Civil Marriage"
Gratian’s Decretum (1582)
Large age gaps between spouses were also common. Catholic tradition, including apocryphal texts like The History of Joseph the Carpenter, portrays Joseph as a 90-year-old widower when he married Mary, who was 12 – 14 years old[14]. This view, shared by Eastern Orthodox and Coptic Christians, emphasizes Joseph’s role as a guardian rather than a typical husband, and was a common theme in early Christian and biblical stories.
Large age gaps between spouses were also common. Catholic tradition, including apocryphal texts like The History of Joseph the Carpenter, portrays Joseph as a 90-year-old widower when he married Mary, who was 12 – 14 years old[14]. This view, shared by Eastern Orthodox and Coptic Christians, emphasizes Joseph’s role as a guardian rather than a typical husband, and was a common theme in early Christian and biblical stories.
“Joseph had been a bachelor forty years and was married to his wife forty-nine years until her death, making him near ninety at her death. One year later Mary came into his household and in the third year of her stay Jesus was born, making Joseph ninety-three” [14].
“Joseph had been a bachelor forty years and was married to his wife forty-nine years until her death, making him near ninety at her death. One year later Mary came into his household and in the third year of her stay Jesus was born, making Joseph ninety-three” [14].
History of Joseph the Carpenter
Notable Royal Marriages
Notable Royal Marriages
Henry V
Holy Roman Emperor
Henry V
Holy Roman
Emperor
Age at Marriage: 26
Age at Marriage: 26
Matilda of England
Holy Roman Empress
Matilda of England
Holy Roman
Empress
Age at Betrothal: 8
Age at Marriage: 12
Age at Betrothal: 8
Age at Marriage: 12
Year 1110
Region England / Germany
Year 1110
Region England / Germany
In 1110, Matilda of England, daughter of King Henry I of England, was betrothed to Henry V, the Holy Roman Emperor. At the age of eight, she was sent to Germany to be educated and prepared for her role as empress. Their marriage was formally celebrated in 1114, when Matilda was around 12 years old. As part of the marriage agreement, a substantial dowry was given to King Henry V, and Matilda assumed the title of Holy Roman Empress.
In 1110, Matilda of England, daughter of King Henry I of England, was betrothed to Henry V, the Holy Roman Emperor. At the age of eight, she was sent to Germany to be educated and prepared for her role as empress. Their marriage was formally celebrated in 1114, when Matilda was around 12 years old. As part of the marriage agreement, a substantial dowry was given to King Henry V, and Matilda assumed the title of Holy Roman Empress.
King John of England
King John
of England
Age at Marriage: 34
Age at Marriage: 34
Isabella of Angoulême
Isabella
of Angoulême
Age at Marriage: 10 - 12
Age at Marriage: 10 - 12
Year 1200
Region England / France
Year 1200
Region England / France
King John of England married Isabella of Angoulême in 1200, despite her prior betrothal to Hugh IX of Lusignan. The marriage was politically driven, as John sought to strengthen his claim in France through the union. However, their relationship was strained, and Isabella’s marriage to John contributed to growing tensions with French nobles and the crown.
King John of England married Isabella of Angoulême in 1200, despite her prior betrothal to Hugh IX of Lusignan. The marriage was politically driven, as John sought to strengthen his claim in France through the union. However, their relationship was strained, and Isabella’s marriage to John contributed to growing tensions with French nobles and the crown.
Frederick II
Holy Roman Emperor
Frederick II
Holy Roman
Emperor
Age at Marriage: 31
Age at Marriage: 31
Queen Isabella II
(Yolande) of Jerusalem
Queen Isabella II
(Yolande)
of Jerusalem
Age at Marriage: 13
Age at Marriage: 13
Year 1225
Region Jerusalem
Year 1225
Region Jerusalem
The marriage between Yolande of Jerusalem and Frederick II, Holy Roman Emperor, was politically motivated, as Frederick aimed to legitimize his claim to the Kingdom of Jerusalem. As part of broader efforts to consolidate Christian control in the Holy Land, Frederick promised to lead a crusade in exchange for the union. However, the marriage was strained, with Frederick marginalizing Yolande and taking control of her kingdom.
The marriage between Yolande of Jerusalem and Frederick II, Holy Roman Emperor, was politically motivated, as Frederick aimed to legitimize his claim to the Kingdom of Jerusalem. As part of broader efforts to consolidate Christian control in the Holy Land, Frederick promised to lead a crusade in exchange for the union. However, the marriage was strained, with Frederick marginalizing Yolande and taking control of her kingdom.
King Richard II of England
King Richard II
of England
Age at Marriage: 29
Age at Marriage: 29
Queen Isabella of Valois
Queen Isabella
of Valois
Age at Marriage: 6
Age at Marriage: 6
Year 1396
Region England / France
Year 1396
Region England / France
The marriage between Isabella of Valois and King Richard II of England in 1396 was part of a diplomatic effort to establish a lasting peace between England and France during the Hundred Years' War. Known as the Truce of Leulinghem, the marriage symbolized a temporary halt in hostilities, as Isabella was the daughter of King Charles VI of France.
The marriage between Isabella of Valois and King Richard II of England in 1396 was part of a diplomatic effort to establish a lasting peace between England and France during the Hundred Years' War. Known as the Truce of Leulinghem, the marriage symbolized a temporary halt in hostilities, as Isabella was the daughter of King Charles VI of France.
Duke Francesco I Sforza
Sforza Dynasty
Duke Francesco I
Sforza
Sforza Dynasty
Age at Marriage: 29
Age at Marriage: 29
Bianca Maria Visconti
Duchess of Milan
Bianca Maria
Visconti
Duchess of Milan
Age at Betrothal: 5
Age at Marriage: 15
Age at Betrothal: 5
Age at Marriage: 15
Year 1430
Region Italy
Year 1430
Region Italy
The marriage between Duke Francesco I Sforza and Bianca Maria Visconti was a key political alliance in 15th-century Italy. Bianca Maria, betrothed at age 5 and married at 15, was the daughter of Filippo Maria Visconti, the Duke of Milan. This union helped secure Francesco's position as Duke of Milan, merging the influence of the Sforza and Visconti dynasties. The marriage solidified Francesco's control over Milan and played a significant role in shaping the political landscape of northern Italy.
The marriage between Duke Francesco I Sforza and Bianca Maria Visconti was a key political alliance in 15th-century Italy. Bianca Maria, betrothed at age 5 and married at 15, was the daughter of Filippo Maria Visconti, the Duke of Milan. This union helped secure Francesco's position as Duke of Milan, merging the influence of the Sforza and Visconti dynasties. The marriage solidified Francesco's control over Milan and played a significant role in shaping the political landscape of northern Italy.
Charles of Valois
Duke of Berry
Charles of Valois
Duke of Berry
Age at Marriage: 26
Age at Marriage: 26
Queen Joanna
of Castile
Queen Joanna
of Castile
Age at Betrothal: 8
Age at Marriage: 10
Age at Betrothal: 8
Age at Marriage: 10
Year 1470
Region France / Spain
Year 1470
Region France / Spain
The marriage between Charles of Valois, Duke of Berry, and Joanna of Castile was a politically significant union. Joanna was betrothed to Charles at the age of 8 and married by 10. The marriage, however, was short-lived, as Charles died just two years later in 1472. This alliance was part of broader political maneuvering between the French and Spanish crowns, reflecting the dynastic strategies of the time.
The marriage between Charles of Valois, Duke of Berry, and Joanna of Castile was a politically significant union. Joanna was betrothed to Charles at the age of 8 and married by 10. The marriage, however, was short-lived, as Charles died just two years later in 1472. This alliance was part of broader political maneuvering between the French and Spanish crowns, reflecting the dynastic strategies of the time.
Girolamo Riario
Lord of Imola
Girolamo Riario
Lord of Imola
Age at Marriage: 30
Age at Marriage: 30
Lady Caterina Sforza
Countess of Forlì
Lady Caterina
Sforza
Countess of Forlì
Age at Marriage: 10
Age at Marriage: 10
Year 1473
Region Italy
Year 1473
Region Italy
In 1473, Count Girolamo Riario, nephew of Pope Sixtus IV, was initially set to marry Caterina's 11-year-old cousin, Costanza Fogliani, but Costanza's mother refused to allow the marriage to be consummated until she reached the age of 14. Caterina, although only ten years old at the time, agreed to Girolamo's demands and replaced her cousin. The union strengthened the alliance between the papacy and the Sforza family. Caterina later became a powerful figure as Countess of Forlì and Imola.
In 1473, Count Girolamo Riario, nephew of Pope Sixtus IV, was initially set to marry Caterina's 11-year-old cousin, Costanza Fogliani, but Costanza's mother refused to allow the marriage to be consummated until she reached the age of 14. Caterina, although only ten years old at the time, agreed to Girolamo's demands and replaced her cousin. The union strengthened the alliance between the papacy and the Sforza family. Caterina later became a powerful figure as Countess of Forlì and Imola.
King Afonso V of Portugal
King Afonso V
of Portugal
Age at Marriage: 43
Age at Marriage: 43
Queen Joanna of Castile
Queen Joanna
of Castile
Age at Marriage: 13
Age at Marriage: 13
Year 1475
Region Portugal / Spain
Year 1475
Region Portugal / Spain
After Joanna's first husband, Charles of Valois, Duke of Berry, died in 1472, there were a few unsettled arrangements involving French and Burgundian princes. In 1475, Joanna married her maternal uncle, King Afonso V of Portugal, who vowed to defend both her and his claims to the Crown of Castile. This union was part of a broader political struggle for the Castilian throne, with Afonso seeking to assert his own rights through the marriage.
After Joanna's first husband, Charles of Valois, Duke of Berry, died in 1472, there were a few unsettled arrangements involving French and Burgundian princes. In 1475, Joanna married her maternal uncle, King Afonso V of Portugal, who vowed to defend both her and his claims to the Crown of Castile. This union was part of a broader political struggle for the Castilian throne, with Afonso seeking to assert his own rights through the marriage.
Ludovico Sforza
Duke of Milan
Ludovico Sforza
Duke of Milan
Age at Marriage: 29
Age at Marriage: 29
Beatrice d'Este
Duchess of Milan
Beatrice d'Este
Duchess of Milan
Age at Betrothal: 5
Age at Marriage: 15
Age at Betrothal: 5
Age at Marriage: 15
Year 1480
Region Italy
Year 1480
Region Italy
Beatrice d'Este was betrothed to Ludovico Sforza in 1480, when she was five years old, as part of a politically strategic alliance. The marriage itself took place in 1491, and it strengthened Ludovico's position as the de facto ruler of Milan, with the Este family of Ferrara bringing significant political and cultural influence. The marriage was marked by mutual respect and collaboration, with Beatrice playing an important role in Milanese court life.
Beatrice d'Este was betrothed to Ludovico Sforza in 1480, when she was five years old, as part of a politically strategic alliance. The marriage itself took place in 1491, and it strengthened Ludovico's position as the de facto ruler of Milan, with the Este family of Ferrara bringing significant political and cultural influence. The marriage was marked by mutual respect and collaboration, with Beatrice playing an important role in Milanese court life.
Maximilian I
Holy Roman Emperor
Maximilian I
Holy Roman
Emperor
Age at Marriage: 31
Age at Marriage: 31
Duchess Anne
of Brittany
Duchess Anne
of Brittany
Age at Marriage: 13
Age at Marriage: 13
Year 1490
Region France
Year 1490
Region France
Maximilian I, Holy Roman Emperor, married Duchess Anne of Brittany in 1490. Maximilian was 31, and Anne was 13 at the time of their marriage, which was part of a political alliance aimed at maintaining the independence of Brittany from French control. However, the marriage was annulled under pressure from France, and Anne subsequently married King Charles VIII of France in 1491. This shift in alliances was significant, as it effectively brought Brittany under French rule, marking a key moment in the region's history.
Maximilian I, Holy Roman Emperor, married Duchess Anne of Brittany in 1490. Maximilian was 31, and Anne was 13 at the time of their marriage, which was part of a political alliance aimed at maintaining the independence of Brittany from French control. However, the marriage was annulled under pressure from France, and Anne subsequently married King Charles VIII of France in 1491. This shift in alliances was significant, as it effectively brought Brittany under French rule, marking a key moment in the region's history.
Francesco II Sforza
Duke of Milan
Francesco II
Sforza
Duke of Milan
Age at Marriage: 37
Age at Marriage: 37
Christina of Denmark, Duchess of Milan
Christina
of Denmark
Duchess of Milan
Christina of Denmark
Duchess of Milan
Age at Marriage: 11
Age at Marriage: 11
Year 1532
Region Italy / Denmark
Year 1532
Region Italy / Denmark
Francesco II Sforza, Duke of Milan, married Christina of Denmark in a politically significant union, particularly during the power struggles over Milan in the Italian Wars. Milan was a contested region, with competing interests from France, the Holy Roman Empire, and Italian rulers. Christina's connections to Denmark and the Habsburg dynasty added political weight to the marriage, influencing the broader European landscape during a time of territorial and dynastic conflicts.
Francesco II Sforza, Duke of Milan, married Christina of Denmark in a politically significant union, particularly during the power struggles over Milan in the Italian Wars. Milan was a contested region, with competing interests from France, the Holy Roman Empire, and Italian rulers. Christina's connections to Denmark and the Habsburg dynasty added political weight to the marriage, influencing the broader European landscape during a time of territorial and dynastic conflicts.
King Philip IV
"Planet King" of Spain
King Philip IV
"Planet King"
of Spain
Age at Marriage: 44
Age at Marriage: 44
Archduchess Maria
Anna of Austria
Archduchess
Maria Anna
of Austria
Age at Marriage: 14
Age at Marriage: 14
Year 1649
Region Spain / Austria
Year 1649
Region Spain / Austria
In 1649, Philip IV of Spain married Maria Anna of Austria, his niece and the daughter of Emperor Ferdinand III of the Holy Roman Empire. This marriage was part of the Habsburg tradition of intermarriage to strengthen political alliances within the dynasty. Philip had previously been married to Elizabeth of France, who had died in 1644, and this second marriage to Maria Anna served to reinforce the bond between the Spanish and Austrian branches of the Habsburg family.
In 1649, Philip IV of Spain married Maria Anna of Austria, his niece and the daughter of Emperor Ferdinand III of the Holy Roman Empire. This marriage was part of the Habsburg tradition of intermarriage to strengthen political alliances within the dynasty. Philip had previously been married to Elizabeth of France, who had died in 1644, and this second marriage to Maria Anna served to reinforce the bond between the Spanish and Austrian branches of the Habsburg family.
King James II of England
King James II
of England
Age at Marriage: 40
Age at Marriage: 40
Queen Mary of Modena
Queen Mary
of Modena
Age at Marriage: 14
Age at Marriage: 14
Year 1673
Region England / Italy
Year 1673
Region England / Italy
In 1673, King James II of England married Mary of Modena, who was 14. This marriage had significant political and religious implications, as it strengthened King James II's ties to Catholic Europe, given Mary’s Italian and Catholic background. The union fueled Protestant opposition in England, eventually contributing to the events that led to the Glorious Revolution.
In 1673, King James II of England married Mary of Modena, who was 14. This marriage had significant political and religious implications, as it strengthened King James II's ties to Catholic Europe, given Mary’s Italian and Catholic background. The union fueled Protestant opposition in England, eventually contributing to the events that led to the Glorious Revolution.
Evolution of Marriage Laws
Evolution of Marriage Laws
Europe and North America
European Cultural Norms
13th – 19th Centuries
The first age-of-consent law in England, established in 1275, made it a crime to “ravish a maiden within age,” interpreted as 12 years old, the same as the legal age for marriage at the time[15]. In 1576, penalties were increased for offenses involving girls under 10. Other European countries, like Italy and Germany, also set 12 as the age of consent in the 16th century. This framework remained until the Offences Against the Person Act of 1875, which raised the age of consent to 13 year[16].
The first age-of-consent law in England, established in 1275, made it a crime to “ravish a maiden within age,” interpreted as 12 years old, the same as the legal age for marriage at the time[15]. In 1576, penalties were increased for offenses involving girls under 10. Other European countries, like Italy and Germany, also set 12 as the age of consent in the 16th century. This framework remained until the Offences Against the Person Act of 1875, which raised the age of consent to 13 year[16].
Enlightenment and Evolving Views
18th – 19th Centuries
During the Enlightenment, new ideas about childhood and education began to influence marriage norms across Europe. Despite the changing attitudes, the legal age for marriage stayed relatively low until the late 19th century. By 1885, the legal age for marriage in the United Kingdom increased from 13 to 16 years[17]. The rise of industrialization and urbanization in France and other European countries also led to declines in early marriages. However, it wasn't until the early 20th century that most European nations standardized the legal age for marriage at 16 or higher[15].
During the Enlightenment, new ideas about childhood and education began to influence marriage norms across Europe. Despite the changing attitudes, the legal age for marriage stayed relatively low until the late 19th century. By 1885, the legal age for marriage in the United Kingdom increased from 13 to 16 years[17]. The rise of industrialization and urbanization in France and other European countries also led to declines in early marriages. However, it wasn't until the early 20th century that most European nations standardized the legal age for marriage at 16 or higher[15].
North American Cultural Norms
17th – 19th Centuries
In colonial America, marriage laws mirrored European traditions, with the legal age of consent for girls set at 12, based on English common law[18]. Economic factors, such as the need to pool labor for family farms, often led to early marriages, particularly in rural areas. As the United States industrialized in the 19th century, Enlightenment ideals slowly began to influence perceptions of childhood and marriage. However, by 1880, most U.S. states still maintained the age of consent between 10 and 12, and Delaware had the lowest age of consent in the U.S. at 7 years old[15].
In colonial America, marriage laws mirrored European traditions, with the legal age of consent for girls set at 12, based on English common law[18]. Economic factors, such as the need to pool labor for family farms, often led to early marriages, particularly in rural areas. As the United States industrialized in the 19th century, Enlightenment ideals slowly began to influence perceptions of childhood and marriage. However, by 1880, most U.S. states still maintained the age of consent between 10 and 12, and Delaware had the lowest age of consent in the U.S. at 7 years old[15].
20th Century Shifts in Marriage Norms
By the late 19th and early 20th centuries, marriage norms shifted dramatically, driven by reforms in education, labor laws, and the development of adolescence as a distinct stage of life. A key turning point came with the “Maiden Tribute” articles in 1885, which exposed the exploitation of young girls in London and led to the raising of the age of consent from 13 to 16[19]. This contributed to broader legal reforms across Europe and North America, where the legal marriage age rose to 16 or 18 by the mid-20th century. Despite this progress, varying biological milestones and social expectations continued to challenge the uniform application of age of consent laws, making it difficult to establish a one-size-fits-all legal framework for marriage and adulthood across different regions[15].
By the late 19th and early 20th centuries, marriage norms shifted dramatically, driven by reforms in education, labor laws, and the development of adolescence as a distinct stage of life. A key turning point came with the “Maiden Tribute” articles in 1885, which exposed the exploitation of young girls in London and led to the raising of the age of consent from 13 to 16[19]. This contributed to broader legal reforms across Europe and North America, where the legal marriage age rose to 16 or 18 by the mid-20th century. Despite this progress, varying biological milestones and social expectations continued to challenge the uniform application of age of consent laws, making it difficult to establish a one-size-fits-all legal framework for marriage and adulthood across different regions[15].
3
A New Dawn for Women
A New Dawn for Women
How Islam Redefined Marriage and Rights
How Islam Redefined Marriage and Rights
Societal Norms in Pre-Islamic Arabia
Societal Norms in Pre-Islamic Arabia
In pre-Islamic Arabia, women had a severely diminished status in society. Renowned American scholar, John Esposito states, “Women... spent much of their lives weakened by pregnancies or tied down with the care of children, [and] could easily become liabilities to a tribe.” This lack of mobility and perceived strength compared to men contributed to practices like female infanticide[1].
In pre-Islamic Arabia, women had a severely diminished status in society. Renowned American scholar, John Esposito states, “Women... spent much of their lives weakened by pregnancies or tied down with the care of children, [and] could easily become liabilities to a tribe.” This lack of mobility and perceived strength compared to men contributed to practices like female infanticide[1].
Marriage customs further entrenched this inequality with the "ba'l" form of marriage, where a woman was essentially purchased and became the property of her husband. In such marriages, “the woman's status was considerably lowered since she lost her right to choose and dismiss her mate"[1]. The term ba'l itself, meaning “lord” or “owner,” reflected the oppressive power men held over their wives, turning them into commodities. The right to unlimited polygamy allowed men to acquire multiple wives through purchase or capture, the latter being a common practice in Byzantium, Persia, Syria, and Arabia[1].
Marriage customs further entrenched this inequality with the "ba'l" form of marriage, where a woman was essentially purchased and became the property of her husband. In such marriages, “the woman's status was considerably lowered since she lost her right to choose and dismiss her mate"[1]. The term ba'l itself, meaning “lord” or “owner,” reflected the oppressive power men held over their wives, turning them into commodities. The right to unlimited polygamy allowed men to acquire multiple wives through purchase or capture, the latter being a common practice in Byzantium, Persia, Syria, and Arabia[1].
A woman’s value was largely tied to the bride-price that her family received during her marriage. This payment, made to the father, reflected the transactional nature of marriage, where the exchange was primarily between men. The bride herself had little say, and her role in the transaction underscored her status as a dependent, with her value measured by the wealth transferred through the marriage arrangement[1].
Women were also often denied the right to inherit property due to the need to preserve tribal wealth and continuity. Since women would eventually become part of their husband’s tribe after marriage, and any inheritance they received would transfer wealth outside their birth tribe[1]. This practice reinforced their dependence on male relatives and further limited their autonomy in society.
A woman’s value was largely tied to the bride-price that her family received during her marriage. This payment, made to the father, reflected the transactional nature of marriage, where the exchange was primarily between men. The bride herself had little say, and her role in the transaction underscored her status as a dependent, with her value measured by the wealth transferred through the marriage arrangement[1].
Women were also often denied the right to inherit property due to the need to preserve tribal wealth and continuity. Since women would eventually become part of their husband’s tribe after marriage, and any inheritance they received would transfer wealth outside their birth tribe[1]. This practice reinforced their dependence on male relatives and further limited their autonomy in society.
Islamic Reforms
Islamic Reforms
Fairness, Autonomy, and Legal Protections for Women
Fairness, Autonomy, and Legal Protections for Women
Islam introduced a revolutionary shift by framing marriage as a binding contract between two consenting, mature individuals, each with rights and obligations[1].
Islam introduced a revolutionary shift by framing marriage as a binding contract between two consenting, mature individuals, each with rights and obligations[1].
Islamic law emphasized that true consent to marriage must be based on an individual’s physical, intellectual, and emotional maturity — qualities a minor cannot possess. This is supported by the verse:
Islamic law emphasized that true consent to marriage must be based on an individual’s physical, intellectual, and emotional maturity — qualities a minor cannot possess. This is supported by the verse:
“O believers! It is not permissible for you to inherit women against their will, or mistreat them to make them return some of the dowry.”
“O believers! It is not permissible for you to inherit women against their will, or mistreat them to make them return some of the dowry.”
The reference to ‘women’ reflects the expectation of physical and intellectual readiness, affirming that consent must be voluntary and based on the individual’s capacity to understand marital responsibilities.
The reference to ‘women’ reflects the expectation of physical and intellectual readiness, affirming that consent must be voluntary and based on the individual’s capacity to understand marital responsibilities.
While Islamic law set puberty as the minimum threshold for marriage, it introduced a comprehensive approach — marriage was not merely a matter of biological readiness, but about an individual's capability to handle the broader responsibilities. As reflected in Surah An-Nisa, where the competence of orphans is tested before they are entrusted with their wealth, readiness extended beyond physical markers:
While Islamic law set puberty as the minimum threshold for marriage, it introduced a comprehensive approach — marriage was not merely a matter of biological readiness, but about an individual's capability to handle the broader responsibilities. As reflected in Surah An-Nisa, where the competence of orphans is tested before they are entrusted with their wealth, readiness extended beyond physical markers:
“Test the competence of the orphans until they reach a marriageable age. Then if you feel they are capable of sound judgment, return their wealth to them.”
“Test the competence of the orphans until they reach a marriageable age. Then if you feel they are capable of sound judgment, return their wealth to them.”
Alongside the requirements for consent and maturity in marriage, Prophet Muhammad A also introduced legal protections for women, including the right to dowry, inheritance, and divorce. These provisions ensured women had greater autonomy and the ability to seek legal recourse in cases of disputes, fundamentally improving their status and rights within society.
Alongside the requirements for consent and maturity in marriage, Prophet Muhammad A also introduced legal protections for women, including the right to dowry, inheritance, and divorce. These provisions ensured women had greater autonomy and the ability to seek legal recourse in cases of disputes, fundamentally improving their status and rights within society.
Overview of Key Women's Rights
Overview of Key Women's Rights
Right to Consent
Status Quo In pre-Islamic Arabia, women had little agency in marriage matters.
Reform Islam introduced the requirement that women must consent to marriage. Islamic law mandated that the woman’s consent is indispensable to validate a marriage contract.
Reference “O you who have believed, it is not lawful for you to inherit women by compulsion”
Right to Dowry (Mahr)
Status Quo From ancient Rome and Greece to medieval Europe, dowry or bride-price was given either to the bride's family or to the groom, but never to the bride.
Reform Islam made it mandatory for the groom to give dowry directly to the bride instead, ensuring her financial security and independence within the marriage.
Reference “And give the women [upon marriage] their [bridal] gifts graciously.”
Right to Divorce
Status Quo In many pre-Islamic and medieval societies, men predominantly controlled divorce, denying women the right to initiate separation independently.
Reform Prophet Muhammad A granted women the right to seek divorce through khula, ensuring women were not trapped in unhappy marriages.
Reference “… there is no blame if the wife compensates [returns the dowry] to the husband to obtain divorce.”
Right to Keep Maiden Name
Status Quo Wives taking their husband's name was generally uncommon, but became prominent in medieval Europe under coverture, where a woman's legal rights were absorbed by her husband.
Reform Islam allowed women to retain their maiden names, preserving their identity, lineage, and independent status.
Reference The Prophet’s A wives retained their family names after marriage, setting a lasting precedent.
Right to Financial Maintenance
Status Quo In pre-Islamic society, husbands had no legal obligation to provide for their wives, leaving many women vulnerable.
Reform Islam made it mandatory for husbands to financially support their wives, regardless of the wife's wealth.
Reference “Men are the caretakers of women, as men have been provisioned by Allah over women and tasked with supporting them financially.”
Polygamy and Restrictions
Status Quo In ancient Greece, Rome, and pre-Islamic Arabia, men could have multiple unrestricted relationships through marriage, courtesans, or concubines.
Reform Islamic reforms limited men to a maximum of four wives, provided they were all given equal rights and treated fairly. The Quran cautions:
Reference “But if you fear that you will not be just, then [marry only] one, this way you are less likely to commit injustice.”
Right to Privacy in Marriage
Status Quo Ancient Greece, Rome, pre-Islamic Arabia, and medieval Europe often treated personal aspects of marriage as public matters, offering little protection for women's privacy.
Reform Islam emphasized the sanctity of marriage and discouraged sharing private marital matters.
Reference “The most wicked among the people in the sight of Allah is one who goes to his wife and she comes to him, and then he divulges her secret.”
Right to Kind Treatment
Status Quo Women were often viewed as their husbands' property, subject to harsh treatment in ancient Greece, Rome, pre-Islamic Arabia, and medieval Europe.
Reform Islam emphasized kindness and respect in marriage. In his Farewell Sermon, the Prophet A reminded, “You have rights over your women, but they also have rights over you.”
Reference “The best of you is the one who is best to his wife.”
Right to Have Witnesses
Status Quo In ancient Rome, Greece, and pre-Islamic Arabia, marriages often lacked witnesses, leaving women vulnerable to disputes over validity and rights.
Reform Islam introduced the requirement of two witnesses, ensuring transparency and transforming marriage into a publicly recognized contract.
Reference “… one man and two women of your choice will witness —so if one of the women forgets the other may remind her.”
Right to Inheritance
Status Quo Prior to Islam, women were generally excluded from inheritance, as property passed through male heirs.
Reform Islamic inheritance laws granted women a fixed share, with their financial care being the responsibility of husbands or immediate male relatives.
Reference “For women there is a share in what their parents and close relatives leave — whether it is little or much. These are obligatory shares.”
Right to an Education
Status Quo Education or seeking knowledge for women was not prioritized in pre-Islamic Arabia.
Reform Prophet Muhammad A emphasized equal access to knowledge for both men and women.
Reference “Seeking knowledge is an obligation upon every Muslim.”
Protection from Female Infanticide
Status Quo Pre-Islamic Arabia practiced female infanticide due to cultural biases against daughters.
Reform Islam prohibited this practice, emphasizing the equal value of all children.
Reference “And when baby girls, buried alive, are asked, for what crime they were put to death.”
Right to Consent
Status Quo In pre-Islamic Arabia, women had little agency in marriage matters.
Reform Islam introduced the requirement that women must consent to marriage. Islamic law mandated that the woman’s consent is indispensable to validate a marriage contract.
Reference “O you who have believed, it is not lawful for you to inherit women by compulsion”
Right to Dowry (Mahr)
Status Quo From ancient Rome and Greece to medieval Europe, dowry or bride-price was given either to the bride's family or to the groom, but never to the bride.
Reform Islam made it mandatory for the groom to give dowry directly to the bride instead, ensuring her financial security and independence within the marriage.
Reference “And give the women [upon marriage] their [bridal] gifts graciously.”
Right to Divorce
Status Quo In many pre-Islamic and medieval societies, men predominantly controlled divorce, denying women the right to initiate separation independently.
Reform Prophet Muhammad A granted women the right to seek divorce through khula, ensuring women were not trapped in unhappy marriages.
Reference “… there is no blame if the wife compensates [returns the dowry] to the husband to obtain divorce.”
Right to Keep Maiden Name
Status Quo Wives taking their husband's name was generally uncommon, but became prominent in medieval Europe under coverture, where a woman's legal rights were absorbed by her husband.
Reform Islam allowed women to retain their maiden names, preserving their identity, lineage, and independent status.
Reference The Prophet’s A wives retained their family names after marriage, setting a lasting precedent.
Right to Financial Maintenance
Status Quo In pre-Islamic society, husbands had no legal obligation to provide for their wives, leaving many women vulnerable.
Reform Islam made it mandatory for husbands to financially support their wives, regardless of the wife's wealth.
Reference “Men are the caretakers of women, as men have been provisioned by Allah over women and tasked with supporting them financially.”
Polygamy and Restrictions
Status Quo In ancient Greece, Rome, and pre-Islamic Arabia, men could have multiple unrestricted relationships through marriage, courtesans, or concubines.
Reform Islamic reforms limited men to a maximum of four wives, provided they were all given equal rights and treated fairly. The Quran cautions:
Reference “But if you fear that you will not be just, then [marry only] one, this way you are less likely to commit injustice.”
Right to Privacy in Marriage
Status Quo Ancient Greece, Rome, pre-Islamic Arabia, and medieval Europe often treated personal aspects of marriage as public matters, offering little protection for women's privacy.
Reform Islam emphasized the sanctity of marriage and discouraged sharing private marital matters.
Reference “The most wicked among the people in the sight of Allah is one who goes to his wife and she comes to him, and then he divulges her secret.”
Right to Kind Treatment
Status Quo Women were often viewed as their husbands' property, subject to harsh treatment in ancient Greece, Rome, pre-Islamic Arabia, and medieval Europe.
Reform Islam emphasized kindness and respect in marriage. In his Farewell Sermon, the Prophet A reminded, “You have rights over your women, but they also have rights over you.”
Reference “The best of you is the one who is best to his wife.”
Right to Have Witnesses
Status Quo In ancient Rome, Greece, and pre-Islamic Arabia, marriages often lacked witnesses, leaving women vulnerable to disputes over validity and rights.
Reform Islam introduced the requirement of two witnesses, ensuring transparency and transforming marriage into a publicly recognized contract.
Reference “… one man and two women of your choice will witness —so if one of the women forgets the other may remind her.”
Right to Inheritance
Status Quo Prior to Islam, women were generally excluded from inheritance, as property passed through male heirs.
Reform Islamic inheritance laws granted women a fixed share, with their financial care being the responsibility of husbands or immediate male relatives.
Reference “For women there is a share in what their parents and close relatives leave — whether it is little or much. These are obligatory shares.”
Right to an Education
Status Quo Education or seeking knowledge for women was not prioritized in pre-Islamic Arabia.
Reform Prophet Muhammad A emphasized equal access to knowledge for both men and women.
Reference “Seeking knowledge is an obligation upon every Muslim.”
Protection from Female Infanticide
Status Quo Pre-Islamic Arabia practiced female infanticide due to cultural biases against daughters.
Reform Islam prohibited this practice, emphasizing the equal value of all children.
Reference “And when baby girls, buried alive, are asked, for what crime they were put to death.”
Right to Consent
Status Quo In pre-Islamic Arabia, women had little agency in marriage matters.
Reform Islam introduced the requirement that women must consent to marriage. Islamic law mandated that the woman’s consent is indispensable to validate a marriage contract.
Reference “O you who have believed, it is not lawful for you to inherit women by compulsion”
Right to Dowry (Mahr)
Status Quo From ancient Rome and Greece to medieval Europe, dowry or bride-price was given either to the bride's family or to the groom, but never to the bride.
Reform Islam made it mandatory for the groom to give dowry directly to the bride instead, ensuring her financial security and independence within the marriage.
Reference “And give the women [upon marriage] their [bridal] gifts graciously.”
Right to Divorce
Status Quo In many pre-Islamic and medieval societies, men predominantly controlled divorce, denying women the right to initiate separation independently.
Reform Prophet Muhammad A granted women the right to seek divorce through khula, ensuring women were not trapped in unhappy marriages.
Reference “… there is no blame if the wife compensates [returns the dowry] to the husband to obtain divorce.”
Right to Keep Maiden Name
Status Quo Wives taking their husband's name was generally uncommon, but became prominent in medieval Europe under coverture, where a woman's legal rights were absorbed by her husband.
Reform Islam allowed women to retain their maiden names, preserving their identity, lineage, and independent status.
Reference The Prophet’s A wives retained their family names after marriage, setting a lasting precedent.
Right to Financial Maintenance
Status Quo In pre-Islamic society, husbands had no legal obligation to provide for their wives, leaving many women vulnerable.
Reform Islam made it mandatory for husbands to financially support their wives, regardless of the wife's wealth.
Reference “Men are the caretakers of women, as men have been provisioned by Allah over women and tasked with supporting them financially.”
Polygamy and Restrictions
Status Quo In ancient Greece, Rome, and pre-Islamic Arabia, men could have multiple unrestricted relationships through marriage, courtesans, or concubines.
Reform Islamic reforms limited men to a maximum of four wives, provided they were all given equal rights and treated fairly. The Quran cautions:
Reference “But if you fear that you will not be just, then [marry only] one, this way you are less likely to commit injustice.”
Right to Privacy in Marriage
Status Quo Ancient Greece, Rome, pre-Islamic Arabia, and medieval Europe often treated personal aspects of marriage as public matters, offering little protection for women's privacy.
Reform Islam emphasized the sanctity of marriage and discouraged sharing private marital matters.
Reference “The most wicked among the people in the sight of Allah is one who goes to his wife and she comes to him, and then he divulges her secret.”
Right to Kind Treatment
Status Quo Women were often viewed as their husbands' property, subject to harsh treatment in ancient Greece, Rome, pre-Islamic Arabia, and medieval Europe.
Reform Islam emphasized kindness and respect in marriage. In his Farewell Sermon, the Prophet A reminded, “You have rights over your women, but they also have rights over you.”
Reference “The best of you is the one who is best to his wife.”
Right to Have Witnesses
Status Quo In ancient Rome, Greece, and pre-Islamic Arabia, marriages often lacked witnesses, leaving women vulnerable to disputes over validity and rights.
Reform Islam introduced the requirement of two witnesses, ensuring transparency and transforming marriage into a publicly recognized contract.
Reference “… one man and two women of your choice will witness —so if one of the women forgets the other may remind her.”
Right to Inheritance
Status Quo Prior to Islam, women were generally excluded from inheritance, as property passed through male heirs.
Reform Islamic inheritance laws granted women a fixed share, with their financial care being the responsibility of husbands or immediate male relatives.
Reference “For women there is a share in what their parents and close relatives leave — whether it is little or much. These are obligatory shares.”
Right to an Education
Status Quo Education or seeking knowledge for women was not prioritized in pre-Islamic Arabia.
Reform Prophet Muhammad A emphasized equal access to knowledge for both men and women.
Reference “Seeking knowledge is an obligation upon every Muslim.”
Protection from Female Infanticide
Status Quo Pre-Islamic Arabia practiced female infanticide due to cultural biases against daughters.
Reform Islam prohibited this practice, emphasizing the equal value of all children.
Reference “And when baby girls, buried alive, are asked, for what crime they were put to death.”
Right to Consent
Status Quo In pre-Islamic Arabia, women had little agency in marriage matters.
Reform Islam introduced the requirement that women must consent to marriage. Islamic law mandated that the woman’s consent is indispensable to validate a marriage contract.
Reference “O you who have believed, it is not lawful for you to inherit women by compulsion”
Right to Dowry (Mahr)
Status Quo From ancient Rome and Greece to medieval Europe, dowry or bride-price was given either to the bride's family or to the groom, but never to the bride.
Reform Islam made it mandatory for the groom to give dowry directly to the bride instead, ensuring her financial security and independence within the marriage.
Reference “And give the women [upon marriage] their [bridal] gifts graciously.”
Right to Divorce
Status Quo In many pre-Islamic and medieval societies, men predominantly controlled divorce, denying women the right to initiate separation independently.
Reform Prophet Muhammad A granted women the right to seek divorce through khula, ensuring women were not trapped in unhappy marriages.
Reference “… there is no blame if the wife compensates [returns the dowry] to the husband to obtain divorce.”
Right to Keep Maiden Name
Status Quo Wives taking their husband's name was generally uncommon, but became prominent in medieval Europe under coverture, where a woman's legal rights were absorbed by her husband.
Reform Islam allowed women to retain their maiden names, preserving their identity, lineage, and independent status.
Reference The Prophet’s A wives retained their family names after marriage, setting a lasting precedent.
Right to Financial Maintenance
Status Quo In pre-Islamic society, husbands had no legal obligation to provide for their wives, leaving many women vulnerable.
Reform Islam made it mandatory for husbands to financially support their wives, regardless of the wife's wealth.
Reference “Men are the caretakers of women, as men have been provisioned by Allah over women and tasked with supporting them financially.”
Polygamy and Restrictions
Status Quo In ancient Greece, Rome, and pre-Islamic Arabia, men could have multiple unrestricted relationships through marriage, courtesans, or concubines.
Reform Islamic reforms limited men to a maximum of four wives, provided they were all given equal rights and treated fairly. The Quran cautions:
Reference “But if you fear that you will not be just, then [marry only] one, this way you are less likely to commit injustice.”
Right to Privacy in Marriage
Status Quo Ancient Greece, Rome, pre-Islamic Arabia, and medieval Europe often treated personal aspects of marriage as public matters, offering little protection for women's privacy.
Reform Islam emphasized the sanctity of marriage and discouraged sharing private marital matters.
Reference “The most wicked among the people in the sight of Allah is one who goes to his wife and she comes to him, and then he divulges her secret.”
Right to Kind Treatment
Status Quo Women were often viewed as their husbands' property, subject to harsh treatment in ancient Greece, Rome, pre-Islamic Arabia, and medieval Europe.
Reform Islam emphasized kindness and respect in marriage. In his Farewell Sermon, the Prophet A reminded, “You have rights over your women, but they also have rights over you.”
Reference “The best of you is the one who is best to his wife.”
Right to Have Witnesses
Status Quo In ancient Rome, Greece, and pre-Islamic Arabia, marriages often lacked witnesses, leaving women vulnerable to disputes over validity and rights.
Reform Islam introduced the requirement of two witnesses, ensuring transparency and transforming marriage into a publicly recognized contract.
Reference “… one man and two women of your choice will witness —so if one of the women forgets the other may remind her.”
Right to Inheritance
Status Quo Prior to Islam, women were generally excluded from inheritance, as property passed through male heirs.
Reform Islamic inheritance laws granted women a fixed share, with their financial care being the responsibility of husbands or immediate male relatives.
Reference “For women there is a share in what their parents and close relatives leave — whether it is little or much. These are obligatory shares.”
Right to an Education
Status Quo Education or seeking knowledge for women was not prioritized in pre-Islamic Arabia.
Reform Prophet Muhammad A emphasized equal access to knowledge for both men and women.
Reference “Seeking knowledge is an obligation upon every Muslim.”
Protection from Female Infanticide
Status Quo Pre-Islamic Arabia practiced female infanticide due to cultural biases against daughters.
Reform Islam prohibited this practice, emphasizing the equal value of all children.
Reference “And when baby girls, buried alive, are asked, for what crime they were put to death.”
Right to Consent
Status Quo In pre-Islamic Arabia, women had little agency in marriage matters.
Reform Islam introduced the requirement that women must consent to marriage. Islamic law mandated that the woman’s consent is indispensable to validate a marriage contract.
Reference “O you who have believed, it is not lawful for you to inherit women by compulsion”
Right to Dowry (Mahr)
Status Quo From ancient Rome and Greece to medieval Europe, dowry or bride-price was given either to the bride's family or to the groom, but never to the bride.
Reform Islam made it mandatory for the groom to give dowry directly to the bride instead, ensuring her financial security and independence within the marriage.
Reference “And give the women [upon marriage] their [bridal] gifts graciously.”
Right to Divorce
Status Quo In many pre-Islamic and medieval societies, men predominantly controlled divorce, denying women the right to initiate separation independently.
Reform Prophet Muhammad A granted women the right to seek divorce through khula, ensuring women were not trapped in unhappy marriages.
Reference “… there is no blame if the wife compensates [returns the dowry] to the husband to obtain divorce.”
Right to Keep Maiden Name
Status Quo Wives taking their husband's name was generally uncommon, but became prominent in medieval Europe under coverture, where a woman's legal rights were absorbed by her husband.
Reform Islam allowed women to retain their maiden names, preserving their identity, lineage, and independent status.
Reference The Prophet’s A wives retained their family names after marriage, setting a lasting precedent.
Right to Financial Maintenance
Status Quo In pre-Islamic society, husbands had no legal obligation to provide for their wives, leaving many women vulnerable.
Reform Islam made it mandatory for husbands to financially support their wives, regardless of the wife's wealth.
Reference “Men are the caretakers of women, as men have been provisioned by Allah over women and tasked with supporting them financially.”
Polygamy and Restrictions
Status Quo In ancient Greece, Rome, and pre-Islamic Arabia, men could have multiple unrestricted relationships through marriage, courtesans, or concubines.
Reform Islamic reforms limited men to a maximum of four wives, provided they were all given equal rights and treated fairly. The Quran cautions:
Reference “But if you fear that you will not be just, then [marry only] one, this way you are less likely to commit injustice.”
Right to Privacy in Marriage
Status Quo Ancient Greece, Rome, pre-Islamic Arabia, and medieval Europe often treated personal aspects of marriage as public matters, offering little protection for women's privacy.
Reform Islam emphasized the sanctity of marriage and discouraged sharing private marital matters.
Reference “The most wicked among the people in the sight of Allah is one who goes to his wife and she comes to him, and then he divulges her secret.”
Right to Kind Treatment
Status Quo Women were often viewed as their husbands' property, subject to harsh treatment in ancient Greece, Rome, pre-Islamic Arabia, and medieval Europe.
Reform Islam emphasized kindness and respect in marriage. In his Farewell Sermon, the Prophet A reminded, “You have rights over your women, but they also have rights over you.”
Reference “The best of you is the one who is best to his wife.”
Right to Have Witnesses
Status Quo In ancient Rome, Greece, and pre-Islamic Arabia, marriages often lacked witnesses, leaving women vulnerable to disputes over validity and rights.
Reform Islam introduced the requirement of two witnesses, ensuring transparency and transforming marriage into a publicly recognized contract.
Reference “… one man and two women of your choice will witness —so if one of the women forgets the other may remind her.”
Right to Inheritance
Status Quo Prior to Islam, women were generally excluded from inheritance, as property passed through male heirs.
Reform Islamic inheritance laws granted women a fixed share, with their financial care being the responsibility of husbands or immediate male relatives.
Reference “For women there is a share in what their parents and close relatives leave — whether it is little or much. These are obligatory shares.”
Right to an Education
Status Quo Education or seeking knowledge for women was not prioritized in pre-Islamic Arabia.
Reform Prophet Muhammad A emphasized equal access to knowledge for both men and women.
Reference “Seeking knowledge is an obligation upon every Muslim.”
Protection from Female Infanticide
Status Quo Pre-Islamic Arabia practiced female infanticide due to cultural biases against daughters.
Reform Islam prohibited this practice, emphasizing the equal value of all children.
Reference “And when baby girls, buried alive, are asked, for what crime they were put to death.”
Right to Consent
Status Quo In pre-Islamic Arabia, women had little agency in marriage matters.
Reform Islam introduced the requirement that women must consent to marriage. Islamic law mandated that the woman’s consent is indispensable to validate a marriage contract.
Reference “O you who have believed, it is not lawful for you to inherit women by compulsion”
Right to Dowry (Mahr)
Status Quo From ancient Rome and Greece to medieval Europe, dowry or bride-price was given either to the bride's family or to the groom, but never to the bride.
Reform Islam made it mandatory for the groom to give dowry directly to the bride instead, ensuring her financial security and independence within the marriage.
Reference “And give the women [upon marriage] their [bridal] gifts graciously.”
Right to Divorce
Status Quo In many pre-Islamic and medieval societies, men predominantly controlled divorce, denying women the right to initiate separation independently.
Reform Prophet Muhammad A granted women the right to seek divorce through khula, ensuring women were not trapped in unhappy marriages.
Reference “… there is no blame if the wife compensates [returns the dowry] to the husband to obtain divorce.”
Right to Keep Maiden Name
Status Quo Wives taking their husband's name was generally uncommon, but became prominent in medieval Europe under coverture, where a woman's legal rights were absorbed by her husband.
Reform Islam allowed women to retain their maiden names, preserving their identity, lineage, and independent status.
Reference The Prophet’s A wives retained their family names after marriage, setting a lasting precedent.
Right to Financial Maintenance
Status Quo In pre-Islamic society, husbands had no legal obligation to provide for their wives, leaving many women vulnerable.
Reform Islam made it mandatory for husbands to financially support their wives, regardless of the wife's wealth.
Reference “Men are the caretakers of women, as men have been provisioned by Allah over women and tasked with supporting them financially.”
Polygamy and Restrictions
Status Quo In ancient Greece, Rome, and pre-Islamic Arabia, men could have multiple unrestricted relationships through marriage, courtesans, or concubines.
Reform Islamic reforms limited men to a maximum of four wives, provided they were all given equal rights and treated fairly. The Quran cautions:
Reference “But if you fear that you will not be just, then [marry only] one, this way you are less likely to commit injustice.”
Right to Privacy in Marriage
Status Quo Ancient Greece, Rome, pre-Islamic Arabia, and medieval Europe often treated personal aspects of marriage as public matters, offering little protection for women's privacy.
Reform Islam emphasized the sanctity of marriage and discouraged sharing private marital matters.
Reference “The most wicked among the people in the sight of Allah is one who goes to his wife and she comes to him, and then he divulges her secret.”
Right to Kind Treatment
Status Quo Women were often viewed as their husbands' property, subject to harsh treatment in ancient Greece, Rome, pre-Islamic Arabia, and medieval Europe.
Reform Islam emphasized kindness and respect in marriage. In his Farewell Sermon, the Prophet A reminded, “You have rights over your women, but they also have rights over you.”
Reference “The best of you is the one who is best to his wife.”
Right to Have Witnesses
Status Quo In ancient Rome, Greece, and pre-Islamic Arabia, marriages often lacked witnesses, leaving women vulnerable to disputes over validity and rights.
Reform Islam introduced the requirement of two witnesses, ensuring transparency and transforming marriage into a publicly recognized contract.
Reference “… one man and two women of your choice will witness —so if one of the women forgets the other may remind her.”
Right to Inheritance
Status Quo Prior to Islam, women were generally excluded from inheritance, as property passed through male heirs.
Reform Islamic inheritance laws granted women a fixed share, with their financial care being the responsibility of husbands or immediate male relatives.
Reference “For women there is a share in what their parents and close relatives leave — whether it is little or much. These are obligatory shares.”
Right to an Education
Status Quo Education or seeking knowledge for women was not prioritized in pre-Islamic Arabia.
Reform Prophet Muhammad A emphasized equal access to knowledge for both men and women.
Reference “Seeking knowledge is an obligation upon every Muslim.”
Protection from Female Infanticide
Status Quo Pre-Islamic Arabia practiced female infanticide due to cultural biases against daughters.
Reform Islam prohibited this practice, emphasizing the equal value of all children.
Reference “And when baby girls, buried alive, are asked, for what crime they were put to death.”
Importance of Local Customs in Islamic Law
Importance of Local Customs in Islamic Law
Islamic law exemplifies a remarkable ability to adapt to varying cultural norms, provided these norms do not conflict with the broader Islamic legal objectives of promoting justice, safeguarding welfare, and preventing harm.
Islamic law exemplifies a remarkable ability to adapt to varying cultural norms, provided these norms do not conflict with the broader Islamic legal objectives of promoting justice, safeguarding welfare, and preventing harm.
As highlighted by scholars like Ibn Qayyim al-Jawziyyah, the concept of local custom ('urf) plays a vital role in this flexibility. Legal maxims, such as "Custom is Determinative", underline the validity of customs as legal rulings when specific guidance from the Qur'an or Sunnah is absent. When custom promotes fairness or yields better societal outcomes, it can be as binding as a legal stipulation found in texts[2].
As highlighted by scholars like Ibn Qayyim al-Jawziyyah, the concept of local custom ('urf) plays a vital role in this flexibility. Legal maxims, such as "Custom is Determinative", underline the validity of customs as legal rulings when specific guidance from the Qur'an or Sunnah is absent. When custom promotes fairness or yields better societal outcomes, it can be as binding as a legal stipulation found in texts[2].
“He who issues fatwas to people based only on what is transmitted in books, despite the differences in their norms, customs, times, and places, and their own conditions, has gone astray and led others astray.”
“He who issues fatwas to people based only on what is transmitted in books, despite the differences in their norms, customs, times, and places, and their own conditions, has gone astray and led others astray.”
Ibn Qayyim al-Jawziyyah
I'lam al-Muwaqqi'in, vol. 3, pp. 65-66
In the context of marriage laws, this legal flexibility is crucial. For example, if a local custom mandates a higher age of marriage than the Islamic minimum to safeguard against child exploitation or emotional harm, it fits within the overarching Islamic legal objective of protecting individual welfare and should be upheld. However, if societal standards were to deviate below the Islamic requirements, Islamic law ensures the protection of rights and the prevention of harm IBN MAJAH:2340 .
This adaptable framework allows Islamic law to balance tradition with legal norms, ensuring that the principles of fairness, justice, and individual protection remain paramount.
In the context of marriage laws, this legal flexibility is crucial. For example, if a local custom mandates a higher age of marriage than the Islamic minimum to safeguard against child exploitation or emotional harm, it fits within the overarching Islamic legal objective of protecting individual welfare and should be upheld. However, if societal standards were to deviate below the Islamic requirements, Islamic law ensures the protection of rights and the prevention of harm. IBN MAJAH:2340
This adaptable framework allows Islamic law to balance tradition with legal norms, ensuring that the principles of fairness, justice, and individual protection remain paramount.
4
Aisha’s Marriage in Context
Aisha’s Marriage in Context
The Age of Aisha
The Age of Aisha
Pre-Islamic Arabs used lunar months for timekeeping, but lacked a standardized calendar system for tracking events precisely. Instead, they referenced significant events such as battles or natural phenomena, to mark specific years. For instance, the "Year of the Elephant" is remembered as the year Prophet Muhammad A was likely born[1], showing how Arabs used prominent events as temporal markers.
Birthdays were neither celebrated nor recorded. Without a formal system for tracking age, Arabs inferred it through significant life milestones or events, making precise age determination challenging. This context explains the ongoing scholarly debate about Aisha’s B exact age at marriage[2]. Like others of her time, she likely estimated her age based on major milestones.
Pre-Islamic Arabs used lunar months for timekeeping, but lacked a standardized calendar system for tracking events precisely. Instead, they referenced significant events such as battles or natural phenomena, to mark specific years. For instance, the "Year of the Elephant" is remembered as the year Prophet Muhammad A was likely born[1], showing how Arabs used prominent events as temporal markers.
Birthdays were neither celebrated nor recorded. Without a formal system for tracking age, Arabs inferred it through significant life milestones or events, making precise age determination challenging. This context explains the ongoing scholarly debate about Aisha’s B exact age at marriage[2]. Like others of her time, she likely estimated her age based on major milestones.
“Narrated Aisha B: that the Prophet A married her when she was six years old and he consummated his marriage when she was nine years old.”
“Narrated Aisha B: that the Prophet A married her when she was six years old and he consummated his marriage when she was nine years old.”
Her prior engagement to Jubayr ibn Mut’im[3] before her betrothal to the Prophet A indicates that society already considered her eligible for marriage based on the norms of the time.
With limited age records, physical milestones such as puberty were more reliable indicators of readiness for marriage than numerical age. Aisha B herself confirmed reaching puberty before her marriage, as reflected in another hadith:
Her prior engagement to Jubayr ibn Mut’im[3] before her betrothal to the Prophet A indicates that society already considered her eligible for marriage based on the norms of the time.
With limited age records, physical milestones such as puberty were more reliable indicators of readiness for marriage than numerical age. Aisha B herself confirmed reaching puberty before her marriage, as reflected in another hadith:
“Narrated Aisha B: I had seen my parents following Islam since I attained the age of puberty. Not a day passed but the Prophet A visited us.”
“Narrated Aisha B: I had seen my parents following Islam since I attained the age of puberty. Not a day passed but the Prophet A visited us.”
Norms of the Past, Questions of Today
Norms of the Past, Questions of Today
Marriage of Aisha Through Scholarly Views
Marriage of Aisha Through Scholarly Views
Historically, critiques of the Prophet Muhammad A centered on theological and political issues, with little focus on his marriage to Aisha B. Only in recent times has the marriage become a point of contention, viewed through the lens of modern concerns about child marriage. The absence of historical condemnation does not suggest that previous generations were indifferent to the welfare of their children, but rather that earlier societies may have understood childhood and maturation differently, aligning marriage practices with those beliefs.
Historically, critiques of the Prophet Muhammad A centered on theological and political issues, with little focus on his marriage to Aisha B. Only in recent times has the marriage become a point of contention, viewed through the lens of modern concerns about child marriage. The absence of historical condemnation does not suggest that previous generations were indifferent to the welfare of their children, but rather that earlier societies may have understood childhood and maturation differently, aligning marriage practices with those beliefs.
“There was no impropriety in Muhammad’s betrothal to ‘A’isha.” Not only did these types of marriages happen in Europe “well into the early modern period,” but “there was no question of consummating the marriage until ‘A’isha reached puberty, when she would have been married off like any other girl.”
“There was no impropriety in Muhammad’s betrothal to ‘A’isha.” Not only did these types of marriages happen in Europe “well into the early modern period,” but “there was no question of consummating the marriage until ‘A’isha reached puberty, when she would have been married off like any other girl.”
Karen Armstrong
British Author and Historian
Muhammad: A Prophet for Our Time, Pages 92 — 93
Muhammad: A Prophet for Our Time,
Pages 92 — 93
“It was the custom of young brides to be brought up in their husbands’ homes, though usually under the instruction of a mother-in-law. In Ayesha’s case, Sawda filled the bill. To the end of his life, Ayesha was dear to Muhammad, and she loved [the] Prophet. We can conclude that the relationship between the two was free from outrage.”
“It was the custom of young brides to be brought up in their husbands’ homes, though usually under the instruction of a mother-in-law. In Ayesha’s case, Sawda filled the bill. To the end of his life, Ayesha was dear to Muhammad, and she loved [the] Prophet. We can conclude that the relationship between the two was free from outrage.”
Betty Kelen
American Author and Historian
Muhammad: The Messenger of God. Page 70
“We must remember, of course, that girls matured much earlier in seventh- century Arabia.”
“Of all the world's great men none has been so much maligned as Muhammad.”
“We must remember, of course, that girls matured much earlier in seventh- century Arabia.”
“Of all the world's great men none has been so much maligned as Muhammad.”
Montgomery Watt
British Historian
Muhammad: Prophet and Statesman
Pages 102 and 229, respectively
Edward Gibbon, the 18th-century historian and outspoken critic of the Prophet A, dedicated an entire chapter to the Prophet's A life. When addressing the marriage to Aisha B, Gibbon contextualized it by attributing the early age of consummation to the climate of Arabia.
Edward Gibbon, the 18th-century historian and outspoken critic of the Prophet A, dedicated an entire chapter to the Prophet's A life. When addressing the marriage to Aisha B, Gibbon contextualized it by attributing the early age of consummation to the climate of Arabia.
“Since Mahomet consummated his nuptials (such is the premature ripeness of the climate) when she was only nine years of age.”
“Since Mahomet consummated his nuptials (such is the premature ripeness of the climate) when she was only nine years of age.”
Edward Gibbon
British Historian and Critic
The History of the Decline and Fall of the Roman Empire
The History of the Decline and Fall
of the Roman Empire
Volume 2, Chapter 50
Thomas Carlyle, an 18th-century Scottish orientalist, defended the Prophet A against the criticisms of other orientalists. Originally a Christian, Carlyle later lost his faith and became critical of organized religion. Despite this, he continued to admire the Prophet A:
Thomas Carlyle, an 18th-century Scottish orientalist, defended the Prophet A against the criticisms of other orientalists. Originally a Christian, Carlyle later lost his faith and became critical of organized religion. Despite this, he continued to admire the Prophet A:
“Mahomet himself, after all that can be said about him, was not a sensual man. We shall err widely if we consider this man as a common voluptuary, intent mainly on base enjoyments,—nay on enjoyments of any kind.”
“It goes greatly against the impostor-theory, the fact that he lived in this entirely unexceptionable, entirely quiet and commonplace way, till the heat of his years was done.”
“Mahomet himself, after all that can be said about him, was not a sensual man. We shall err widely if we consider this man as a common voluptuary, intent mainly on base enjoyments,—nay on enjoyments of any kind.”
“It goes greatly against the impostor-theory, the fact that he lived in this entirely unexceptionable, entirely quiet and commonplace way, till the heat of his years was done.”
Thomas Carlyle
Scottish Historian and Orientalist
On Heroes, Hero-Worship, and the Heroic in History
Pages 71 and 59, respectively
“ [their relationship is] bound to raise more than a few eyebrows today, particularly in Western cultural milieus where sensitivity regarding issues such as paedophilia is heightened… one of the [current] charges levelled against the Prophet by his detractors is that his relationship with Aisha was tantamount to child abuse.
However, such marriages were almost certainly not consummated until both parties had entered adulthood, which Arabs in the seventh century tended to reach at an earlier age than Westerners today… in context not in the least improper.”
“ [their relationship is] bound to raise more than a few eyebrows today, particularly in Western cultural milieus where sensitivity regarding issues such as paedophilia is heightened… one of the [current] charges levelled against the Prophet by his detractors is that his relationship with Aisha was tantamount to child abuse.
However, such marriages were almost certainly not consummated until both parties had entered adulthood, which Arabs in the seventh century tended to reach at an earlier age than Westerners today… in context not in the least improper.”
Dr. Colin Paul Turner
Author and Academic, University of Durham
Author and Academic,
University of Durham
Islam: The Basics, Pages 34 - 35
William Muir, a 19th-century Scottish orientalist and historian, is known for his critical studies of Islam and the Prophet A. In his seminal work, The Life of Mahomet from Original Sources, Muir approaches Islam and the life of the Prophet Muhammad A with a critical lens. Despite his broad critique of Islamic practices, he offers no criticism of the Prophet’s A marriage to Aisha B.
William Muir, a 19th-century Scottish orientalist and historian, is known for his critical studies of Islam and the Prophet A. In his seminal work, The Life of Mahomet from Original Sources, Muir approaches Islam and the life of the Prophet Muhammad A with a critical lens. Despite his broad critique of Islamic practices, he offers no criticism of the Prophet’s A marriage to Aisha B.
Sir William Muir
Scottish Orientalist and Colonial Administrator
Scottish Orientalist and
Colonial Administrator
The Life of Mahomet from Original Sources
Humphrey Prideaux, a 17th-century English orientalist, authored The Life of Mahomet, or the History of that Great Imposter, a book entirely devoted to critiquing the Prophet A. When discussing the Prophet's A marriage to Aisha B, Prideaux offers no condemnation or criticism, and instead takes a neutral stance on this aspect of his life.
Humphrey Prideaux, a 17th-century English orientalist, authored The Life of Mahomet, or the History of that Great Imposter, a book entirely devoted to critiquing the Prophet A. When discussing the Prophet's A marriage to Aisha B, Prideaux offers no condemnation or criticism, and instead takes a neutral stance on this aspect of his life.
“He was espoused to his beloved Ayesha when she was only six years of age, and the marriage was actually consummated when she was no more than eight. As females in most parts of the globe within the torrid zone arrive at woman-hood at the age of nine or ten, a woman of forty in Arabia must be as constitutionally old as one of sixty in Britain.”
“He was espoused to his beloved Ayesha when she was only six years of age, and the marriage was actually consummated when she was no more than eight. As females in most parts of the globe within the torrid zone arrive at woman-hood at the age of nine or ten, a woman of forty in Arabia must be as constitutionally old as one of sixty in Britain.”
Humphrey Prideaux
Dean of Norwich Cathedral, 1702
The Life of Mahomet, or the History of that Great Imposter
The Life of Mahomet,
or the History of that Great Imposter
Page 12
Saint John of Damascus, an 8th-century Christian theologian, was one of the first to critique Islam in his work Heresy of the Ishmaelites, focusing primarily on Islam's rejection of the Trinity and its treatment of women. Notably absent from his critiques was any condemnation of the Prophet's A marriage to Aisha B, suggesting that this aspect of the Prophet’s A life did not raise concerns for critics of that era.
Saint John of Damascus, an 8th-century Christian theologian, was one of the first to critique Islam in his work Heresy of the Ishmaelites, focusing primarily on Islam's rejection of the Trinity and its treatment of women. Notably absent from his critiques was any condemnation of the Prophet's A marriage to Aisha B, suggesting that this aspect of the Prophet’s A life did not raise concerns for critics of that era.
Saint John of Damascus
8th-Century Christian Theologian
Heresy of the Ishmaelites
A Woman of Strength & Influence
A Woman of Strength & Influence
Aisha B, the youngest wife of the Prophet Muhammad A, is one of the most revered figures in Islamic history, both for her personal qualities and her scholarly contributions. She grew up in a prominent and nurturing household, where she received a strong education and developed close bonds with her parents, Abu Bakr and Umm Ruman. Her upbringing shaped her into a confident and intelligent woman who played a significant leadership role in Islamic history.
More than just a wife, Aisha B actively participated in public life, setting a precedent for women's engagement in political and social matters. Through her leadership and public involvement, she helped shape the early Muslim community and remains a lasting figure of influence in Islamic history[4].
Aisha B, the youngest wife of the Prophet Muhammad A, is one of the most revered figures in Islamic history, both for her personal qualities and her scholarly contributions. She grew up in a prominent and nurturing household, where she received a strong education and developed close bonds with her parents, Abu Bakr and Umm Ruman. Her upbringing shaped her into a confident and intelligent woman who played a significant leadership role in Islamic history.
More than just a wife, Aisha B actively participated in public life, setting a precedent for women's engagement in political and social matters. Through her leadership and public involvement, she helped shape the early Muslim community and remains a lasting figure of influence in Islamic history[4].
Aisha B was also renowned for her bold personality, sharp wit, and assertiveness. Far from being submissive, she often engaged playfully with the Prophet A, who sometimes found himself the subject of her jokes. Beyond her personal interactions, Aisha B would later lead troops in battle and become one of the most respected scholars in Islam, with over 2,200 hadiths attributed to her. The companions of the Prophet A frequently consulted her for clarification on matters of Islamic law and practice.
Aisha B was also renowned for her bold personality, sharp wit, and assertiveness. Far from being submissive, she often engaged playfully with the Prophet A, who sometimes found himself the subject of her jokes. Beyond her personal interactions, Aisha B would later lead troops in battle and become one of the most respected scholars in Islam, with over 2,200 hadiths attributed to her. The companions of the Prophet A frequently consulted her for clarification on matters of Islamic law and practice.
“We [companions of the Prophet A] never had a problem occur to us, but that we would ask Aisha B and find that she knew something about it.”
“We [companions of the Prophet A] never had a problem occur to us, but that we would ask Aisha B and find that she knew something about it.”
Intimate Moments of Life with the Prophet
Intimate Moments of Life with the Prophet
Aisha B offers personal insights into her marriage with the Prophet A, revealing the deep love, respect, and companionship they shared. Her narrations highlight the strength of their bond, serving as a lasting model of affection and equality in marriage.
Aisha B offers personal insights into her marriage with the Prophet A, revealing the deep love, respect, and companionship they shared. Her narrations highlight the strength of their bond, serving as a lasting model of affection and equality in marriage.
Love and Affection in Marriage
Love and Affection
in Marriage
Love and Affection
in Marriage
“The Prophet A used to kiss (me) during the month of fasting.” ABU DAWUD 2383
“The Prophet A used to kiss (me) during the month of fasting.” ABU DAWUD 2383
“I would drink from a cup while I was menstruating, then hand it to the Prophet A, and he would put his mouth where mine had been and drink from it.” SAHIH MUSLIM 300
“I would drink from a cup while I was menstruating, then hand it to the Prophet A, and he would put his mouth where mine had been and drink from it.” SAHIH MUSLIM 300
“I raced with the Prophet A and I beat him, but later when I had put on some weight, we raced again, and he won. He then said, 'This is for that race.” ABU DAWUD 2578
“I raced with the Prophet A and I beat him, but later when I had put on some weight, we raced again, and he won. He then said, 'This is for that race.” ABU DAWUD 2578
“Who is the most beloved person to you?' He replied, 'Aisha.'” AL-BUKHARI 3662
“Who is the most beloved person to you?' He replied, 'Aisha.'” AL-BUKHARI 3662
“He would take a piece of bone on which some bits of meat were left and insist that I take it first.” AN-NASAI 377
“He would take a piece of bone on which some bits of meat were left and insist that I take it first.” AN-NASAI 377
The Prophet A used nicknames like “Aish” as a term of endearment. AL-BUKHARI 3768
The Prophet A used nicknames like “Aish” as a term of endearment. AL-BUKHARI 3768
“The Prophet A said: All things that a Muslim man does for entertainment are in vain except for shooting arrows, training his horse and playing with his wife, for these are things that bring reward.” IBN MAJAH 2811
“The Prophet A said: All things that a Muslim man does for entertainment are in vain except for shooting arrows, training his horse and playing with his wife, for these are things that bring reward.” IBN MAJAH 2811
Compassion, Humility, and Gentleness
Compassion, Humility, and Gentleness
“I was on a camel that was somewhat intractable, and I began to beat it. The Prophet, may Allah bless him and grant him peace, said, "You must be compassionate. Whenever there is compassion in something, it adorns it, and whenever it is removed from something it disgraces it.” AL-ADAB 27/14
“I was on a camel that was somewhat intractable, and I began to beat it. The Prophet, may Allah bless him and grant him peace, said, "You must be compassionate. Whenever there is compassion in something, it adorns it, and whenever it is removed from something it disgraces it.” AL-ADAB 27/14
“The Messenger of Allah never beat any of his servants, or wives, and his hand never hit anything.” IBN MAJAH 1984
“The Messenger of Allah never beat any of his servants, or wives, and his hand never hit anything.” IBN MAJAH 1984
“I never saw anyone more like the Messenger of Allah A in respect of gravity, calm deportment, and pleasant disposition.” ABU DAWUD 5217
“I never saw anyone more like the Messenger of Allah A in respect of gravity, calm deportment, and pleasant disposition.” ABU DAWUD 5217
“Be calm, O `Aisha! You should be kind and lenient, and beware of harshness and Fuhsh (i.e. bad words).” AL-BUKHARI 6030
“Be calm, O `Aisha! You should be kind and lenient, and beware of harshness and Fuhsh (i.e. bad words).” AL-BUKHARI 6030
“He mended sandals and patched garments and sewed.” AL-ADAB 540 “He would do chores for his family, and when it was time for the prayer, he would go out.” AL-ADAB 538
“He mended sandals and patched garments and sewed.” AL-ADAB 540 “He would do chores for his family, and when it was time for the prayer, he would go out.” AL-ADAB 538
Physical Closeness and Shared Moments
Physical Closeness and Shared Moments
“The Prophet A used to embrace me during my menses.” AL-BUKHARI 2030
“The Prophet A used to embrace me during my menses.” AL-BUKHARI 2030
“The Prophet A used to lean on my lap and recite Qur'an while I was menstruating.” AL-BUKHARI 297
“The Prophet A used to lean on my lap and recite Qur'an while I was menstruating.” AL-BUKHARI 297
“I and the Messenger of Allah A took a bath from one vessel which was placed between me and him.” SAHIH MUSLIM 321D
“I and the Messenger of Allah A took a bath from one vessel which was placed between me and him.” SAHIH MUSLIM 321D
“The Prophet A used to put his head out of the mosque while he was in I`tikaf, and I would wash it during my menses.” AL-BUKHARI 2030
“The Prophet A used to put his head out of the mosque while he was in I`tikaf, and I would wash it during my menses.” AL-BUKHARI 2030
“The Prophet A died while he was between my chest and chin, so I never dislike the death agony for anyone after the Prophet.” AL-BUKHARI 4446
“The Prophet A died while he was between my chest and chin, so I never dislike the death agony for anyone after the Prophet.” AL-BUKHARI 4446
The Prophet’s Other Marriages
The Prophet’s Other Marriages
Prophet Muhammad’s A other marriages reflect a pattern of deep compassion, social responsibility, and a commitment to building alliances in the early Muslim community. Of his multiple marriages, most were to widows or women in need of protection.
Khadijah, his first wife, was a widow 15 years his senior, and he remained married to her alone for 25 years. Marriages like those to Sawda, Umm Salama, and Hafsa were undertaken to provide care and security to women who had suffered the loss of their husbands and were left vulnerable in a society without strong welfare structures. His marriage to Zaynab was to challenge societal taboos.
The broader context of the Prophet’s A marriages to mostly divorced or widowed women demonstrates that his primary concern was not youthful attraction, but rather social solidarity, alliance-building, and the protection of vulnerable individuals. Within this framework, the marriage to Aisha A should be viewed as part of the cultural and societal norms of the time, reflecting the same sense of responsibility and purpose that characterized all his unions.
Prophet Muhammad’s A other marriages reflect a pattern of deep compassion, social responsibility, and a commitment to building alliances in the early Muslim community. Of his multiple marriages, most were to widows or women in need of protection.
Khadijah, his first wife, was a widow 15 years his senior, and he remained married to her alone for 25 years. Marriages like those to Sawda, Umm Salama, and Hafsa were undertaken to provide care and security to women who had suffered the loss of their husbands and were left vulnerable in a society without strong welfare structures. His marriage to Zaynab was to challenge societal taboos.
The broader context of the Prophet’s A marriages to mostly divorced or widowed women demonstrates that his primary concern was not youthful attraction, but rather social solidarity, alliance-building, and the protection of vulnerable individuals. Within this framework, the marriage to Aisha A should be viewed as part of the cultural and societal norms of the time, reflecting the same sense of responsibility and purpose that characterized all his unions.
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5
Common Questions
Common Questions
Responses to Frequently Asked Questions
Responses to Frequently Asked Questions
This section addresses common questions and concerns raised by readers, with responses based on the information provided above.
Q
If the Prophet is meant to be the perfect example for all times, why would he engage in a practice we now understand to be harmful to children and consider child abuse by modern standards?
If the Prophet is meant to be the perfect example for all times, why would he engage in a practice we now understand to be harmful to children and consider child abuse by modern standards?
Our modern idea of childhood and adolescence, with its focus on development and protection, only emerged in the 19th century. Historically, early marriages for girls were widely accepted and often necessary, especially when average life expectancy was significantly lower, generally ranging from 25 – 40 years, and population growth was essential for community survival. The extended childhood we recognize today didn’t exist, and young people were expected to take on adult responsibilities much earlier. In that context, the Prophet A acted according to the moral standards not only of his time but also of societies much later, as similar practices were standard in Europe and the U.S. well into the late 19th and early 20th centuries.
Islamic jurists understood that the world is not static and that societal norms evolve over time, which is why there is a concept of ‘urf (local customs), allowing adaptation to changes in social norms as long as key Islamic beliefs and values remain intact. This flexibility ensures that Islam remains applicable to evolving norms while holding firmly to its core ethical foundations.
The Prophet’s A example remains relevant today because it teaches us how to apply Islamic values to evolving social standards. While specific practices may not be meant for direct replication across all times, the underlying principles of justice, fairness, and care continue to guide us in navigating modern challenges.
Our modern idea of childhood and adolescence, with its focus on development and protection, only emerged in the 19th century. Historically, early marriages for girls were widely accepted and often necessary, especially when average life expectancy was significantly lower, generally ranging from 25 – 40 years, and population growth was essential for community survival. The extended childhood we recognize today didn’t exist, and young people were expected to take on adult responsibilities much earlier. In that context, the Prophet A acted according to the moral standards not only of his time but also of societies much later, as similar practices were standard in Europe and the U.S. well into the late 19th and early 20th centuries.
Islamic jurists understood that the world is not static and that societal norms evolve over time, which is why there is a concept of ‘urf (local customs), allowing adaptation to changes in social norms as long as key Islamic beliefs and values remain intact. This flexibility ensures that Islam remains applicable to evolving norms while holding firmly to its core ethical foundations.
The Prophet’s A example remains relevant today because it teaches us how to apply Islamic values to evolving social standards. While specific practices may not be meant for direct replication across all times, the underlying principles of justice, fairness, and care continue to guide us in navigating modern challenges.
Q
If the Prophet was inspired by divine law, shouldn’t his actions have been above the norms of society at the time?
If the Prophet was inspired by divine law, shouldn’t his actions have been above the norms of society at the time?
The Prophet’s A actions were divinely guided, but divine law considers the context of the time. The Prophet A didn’t simply follow societal norms — he elevated them by introducing revolutionary principles of fairness, consent, and care. While puberty was historically viewed in many societies as the primary marker for marriage, the Prophet's A approach was more nuanced. He emphasized that physical, intellectual, and emotional maturity were necessary for true consent.
Divine law is timeless in its values like justice and protection, not in replicating specific actions. These values remain constant, guiding how we adapt to changing times and evolving understandings.
The Prophet’s A actions were divinely guided, but divine law considers the context of the time. The Prophet A didn’t simply follow societal norms — he elevated them by introducing revolutionary principles of fairness, consent, and care. While puberty was historically viewed in many societies as the primary marker for marriage, the Prophet's A approach was more nuanced. He emphasized that physical, intellectual, and emotional maturity were necessary for true consent.
Divine law is timeless in its values like justice and protection, not in replicating specific actions. These values remain constant, guiding how we adapt to changing times and evolving understandings.
Q
Given her young age, was Aisha groomed into accepting this marriage? Was she able to truly give her consent? How did the marriage affect her?
Given her young age, was Aisha groomed into accepting this marriage? Was she able to truly give her consent? How did the marriage affect her?
Aisha’s B own account of her marriage indicates that she understood her responsibilities and was capable of comprehending the arrangement. Her prior engagement to Jubayr ibn Mut'im before her marriage to the Prophet A also shows that her family and society considered her ready for marriage. Aisha B herself stated that she had passed puberty, which was the primary milestone for marriage.
There is no evidence suggesting she was unable to consent. In fact, even after the Prophet’s A passing and into her later years, Aisha B spoke of their relationship with affection and respect, consistently expressing satisfaction with their loving and fulfilling marriage. The Prophet A valued her opinions and treated her with kindness. Her numerous narrations reveal that she took great pride in her marriage and remained deeply committed to the Prophet’s A mission even after his passing.
Far from being limited, Aisha B went on to become one of the most influential women in Islamic history. She was a respected scholar, teacher, and authority on religious matters, contributing significantly to the preservation and transmission of the Prophet’s A teachings. A large part of the religion, particularly details of the Prophet’s A private life, was transmitted through Aisha B. Her contributions to Islamic jurisprudence and her leadership demonstrate that the marriage empowered her and allowed her to flourish.
Aisha’s B own account of her marriage indicates that she understood her responsibilities and was capable of comprehending the arrangement. Her prior engagement to Jubayr ibn Mut'im before her marriage to the Prophet A also shows that her family and society considered her ready for marriage. Aisha B herself stated that she had passed puberty, which was the primary milestone for marriage.
There is no evidence suggesting she was unable to consent. In fact, even after the Prophet’s A passing and into her later years, Aisha B spoke of their relationship with affection and respect, consistently expressing satisfaction with their loving and fulfilling marriage. The Prophet A valued her opinions and treated her with kindness. Her numerous narrations reveal that she took great pride in her marriage and remained deeply committed to the Prophet’s A mission even after his passing.
Far from being limited, Aisha B went on to become one of the most influential women in Islamic history. She was a respected scholar, teacher, and authority on religious matters, contributing significantly to the preservation and transmission of the Prophet’s A teachings. A large part of the religion, particularly details of the Prophet’s A private life, was transmitted through Aisha B. Her contributions to Islamic jurisprudence and her leadership demonstrate that the marriage empowered her and allowed her to flourish.
Q
Was the Prophet’s marriage to Aisha motivated by an attraction to her young age?
Was the Prophet’s marriage to Aisha motivated by an attraction to her young age?
The Prophet’s A first and longest marriage, to Khadijah B, was to a woman 15 years older than him, with whom he remained monogamous for 25 years. The Prophet A was 50 years old when Khadijah B passed away. His first marriage following Khadijah’s B passing was to Sawda bint Zam'ah B, a widow who was older – demonstrating that his unions were not motivated by youthful attraction. In fact, most of his subsequent marriages were to older women, widows, or divorced women. These unions were largely driven by social, political, and moral reasons, such as strengthening tribal alliances, supporting widows, and helping vulnerable women in society.
The marriage to Aisha B was no different in this respect. It was arranged primarily for familial and social reasons, which was a common practice not only in Arabia but in many cultures worldwide. Moreover, the Prophet A was known for his moral integrity and deep respect for women. Throughout his life, he worked to elevate the status and rights of women, improving their legal, social, and personal standing. There is no historical record of inappropriate behavior toward children or any individuals under his care. On the contrary, his character was one of compassion, care, and respect for all, especially the vulnerable.
The Prophet’s A first and longest marriage, to Khadijah B, was to a woman 15 years older than him, with whom he remained monogamous for 25 years. The Prophet A was 50 years old when Khadijah B passed away. His first marriage following Khadijah’s B passing was to Sawda bint Zam'ah B, a widow who was older – demonstrating that his unions were not motivated by youthful attraction. In fact, most of his subsequent marriages were to older women, widows, or divorced women. These unions were largely driven by social, political, and moral reasons, such as strengthening tribal alliances, supporting widows, and helping vulnerable women in society.
The marriage to Aisha B was no different in this respect. It was arranged primarily for familial and social reasons, which was a common practice not only in Arabia but in many cultures worldwide. Moreover, the Prophet A was known for his moral integrity and deep respect for women. Throughout his life, he worked to elevate the status and rights of women, improving their legal, social, and personal standing. There is no historical record of inappropriate behavior toward children or any individuals under his care. On the contrary, his character was one of compassion, care, and respect for all, especially the vulnerable.
Q
If right and wrong should be universal and timeless, why should we evaluate historical figures like the Prophet by the standards of their time?
If right and wrong should be universal and timeless, why should we evaluate historical figures like the Prophet by the standards of their time?
Because context is important, especially when evaluating historical events and figures. While we may have developed new standards around childhood and marriage, it is essential to consider the norms and values of the time. Judging the Prophet A by today’s standards overlooks the fact that early marriages for girls were common and often necessary for centuries, not only in Arabia, but across many parts of the world, including Europe, Asia, and the Americas. Marriages were arranged at the onset of puberty, which was viewed as the transition into adulthood. This was considered ethically acceptable and necessary for societal stability, family alliances, and population growth, especially when life expectancy was much shorter.
The selective scrutiny of Prophet Muhammad A creates a skewed and incomplete understanding of both Islam and its history. Focusing on one instance while ignoring similar historical practices creates a biased and incomplete narrative about the Prophet’s A life and teachings. Right and wrong remain grounded in ethical principles, but their application has always depended on the cultural and societal context of the time.
Because context is important, especially when evaluating historical events and figures. While we may have developed new standards around childhood and marriage, it is essential to consider the norms and values of the time. Judging the Prophet A by today’s standards overlooks the fact that early marriages for girls were common and often necessary for centuries, not only in Arabia, but across many parts of the world, including Europe, Asia, and the Americas. Marriages were arranged at the onset of puberty, which was viewed as the transition into adulthood. This was considered ethically acceptable and necessary for societal stability, family alliances, and population growth, especially when life expectancy was much shorter.
The selective scrutiny of Prophet Muhammad A creates a skewed and incomplete understanding of both Islam and its history. Focusing on one instance while ignoring similar historical practices creates a biased and incomplete narrative about the Prophet’s A life and teachings. Right and wrong remain grounded in ethical principles, but their application has always depended on the cultural and societal context of the time.
Q
Did the Prophet’s marriage to Aisha set a precedent for other Muslim marriages?
Did the Prophet’s marriage to Aisha set a precedent for other Muslim marriages?
While the marriage to Aisha B was appropriate within its historical context, it does not set a precedent that mandates child marriage today. Islam establishes a minimum requirement for marriage, which includes physical and emotional maturity, but it also respects evolving societal norms through the principle of ‘urf (local customs). If a society evolves to adopt more conservative standards for the protection of individuals, Islamic law requires that those standards be followed. In today’s context, Islamic principles prioritize the well-being and consent of individuals, ensuring that marriage occurs when both parties are mature and fully prepared for the commitment.
While the marriage to Aisha B was appropriate within its historical context, it does not set a precedent that mandates child marriage today. Islam establishes a minimum requirement for marriage, which includes physical and emotional maturity, but it also respects evolving societal norms through the principle of ‘urf (local customs). If a society evolves to adopt more conservative standards for the protection of individuals, Islamic law requires that those standards be followed. In today’s context, Islamic principles prioritize the well-being and consent of individuals, ensuring that marriage occurs when both parties are mature and fully prepared for the commitment.
Q
Shouldn’t modern values, particularly around childhood and consent, take precedence over historical practices, even if they were acceptable at the time.
Shouldn’t modern values, particularly around childhood and consent, take precedence over historical practices, even if they were acceptable at the time.
Islam recognizes the importance of adapting to changing circumstances through its acknowledgment of 'urf (local customs and practices), which allows for flexibility within the framework of Islamic principles. This concept of 'urf emphasizes that as societies evolve, what was appropriate in 7th-century Arabia may not necessarily be the same today. Islam provides space for critical thinking and adaptation, allowing Muslims to embrace modern norms while still holding to the ethical foundations laid out by the Prophet’s A example. This recognition of change is a core strength of Islamic teachings, ensuring that the faith remains relevant and applicable across different times and cultures.
Islam recognizes the importance of adapting to changing circumstances through its acknowledgment of 'urf (local customs and practices), which allows for flexibility within the framework of Islamic principles. This concept of 'urf emphasizes that as societies evolve, what was appropriate in 7th-century Arabia may not necessarily be the same today. Islam provides space for critical thinking and adaptation, allowing Muslims to embrace modern norms while still holding to the ethical foundations laid out by the Prophet’s A example. This recognition of change is a core strength of Islamic teachings, ensuring that the faith remains relevant and applicable across different times and cultures.
Q
Deep down, do Muslims feel uncomfortable about this marriage?
Deep down, do Muslims feel uncomfortable about this marriage?
The discomfort some Muslims might feel today often comes from using today’s understanding of childhood and marriage when thinking about a different time period. Concepts like prolonged childhood and adolescence didn’t exist in the same way in 7th-century Arabia. It’s important to view the Prophet’s A marriage to Aisha B within the cultural and historical context of that era, where early marriages were common and seen as appropriate across many societies.
The discomfort some Muslims might feel today often comes from using today’s understanding of childhood and marriage when thinking about a different time period. Concepts like prolonged childhood and adolescence didn’t exist in the same way in 7th-century Arabia. It’s important to view the Prophet’s A marriage to Aisha B within the cultural and historical context of that era, where early marriages were common and seen as appropriate across many societies.
Q
I understand your explanation, but I still have a gut reaction that it’s wrong, no matter how you try to justify it.
I understand your explanation, but I still have a gut reaction that it’s wrong, no matter how you try to justify it.
It’s important to acknowledge how difficult this topic can be, especially when viewed through the lens of modern values. Today, we have a much more defined sense of childhood and our instincts naturally prioritize protecting children from harm, which shapes our visceral response to early marriages. It's important to recognize that this doesn’t mean earlier societies were indifferent to the welfare of their children. Instead, their understanding of childhood and maturation was different from ours, shaped by societal needs and the challenges they faced. In those times, shorter life expectancy, economic survival, and the need for population growth influenced marriage practices. These societies adapted marriage to align with what was in the best interest of individuals and their communities at the time.
It’s also important to recognize that feelings of discomfort are often influenced by cultural conditioning, and what seems wrong in one culture can seem entirely normal in another. Even today, people from one culture may have strong reactions to practices, customs, or cuisines that evoke revulsion in another, even though there may be nothing objectively harmful about them. This is simply the human condition.
When you amplify this across both cultures and time periods, those reactions become even stronger. What feels uncomfortable to us now wasn’t viewed the same way in the past. In 7th-century Arabia, as in many societies throughout history, early marriages were the norm, driven by societal needs and shorter life spans. While historical context doesn’t erase discomfort, it helps explain why the marriage was seen as ethical and acceptable by the standards of that era and those that followed.
It’s important to acknowledge how difficult this topic can be, especially when viewed through the lens of modern values. Today, we have a much more defined sense of childhood and our instincts naturally prioritize protecting children from harm, which shapes our visceral response to early marriages. It's important to recognize that this doesn’t mean earlier societies were indifferent to the welfare of their children. Instead, their understanding of childhood and maturation was different from ours, shaped by societal needs and the challenges they faced. In those times, shorter life expectancy, economic survival, and the need for population growth influenced marriage practices. These societies adapted marriage to align with what was in the best interest of individuals and their communities at the time.
It’s also important to recognize that feelings of discomfort are often influenced by cultural conditioning, and what seems wrong in one culture can seem entirely normal in another. Even today, people from one culture may have strong reactions to practices, customs, or cuisines that evoke revulsion in another, even though there may be nothing objectively harmful about them. This is simply the human condition.
When you amplify this across both cultures and time periods, those reactions become even stronger. What feels uncomfortable to us now wasn’t viewed the same way in the past. In 7th-century Arabia, as in many societies throughout history, early marriages were the norm, driven by societal needs and shorter life spans. While historical context doesn’t erase discomfort, it helps explain why the marriage was seen as ethical and acceptable by the standards of that era and those that followed.
Q
Does that mean that our values and understanding today make us morally superior to people in the past?
Does that mean that our values and understanding today make us morally superior to people in the past?
The idea that we’re "better" than humans of the past simply because our values have evolved isn’t quite accurate. Human societies change and adapt based on new knowledge, cultural developments, and technological advancements, but that doesn’t make us morally superior to people who lived in different eras.
People then were simply living according to the values and practices of their time. For example, in the past, life expectancy was much lower, and people matured and took on responsibilities like marriage and family much earlier than we do today. They lived within the boundaries of their world, just as we live within ours. Our understanding of childhood has changed, but it doesn’t make us inherently better; it makes us different based on the context of the time.
We’re still grappling with moral challenges today, just as people in the past did. Our own practices today may be judged differently by future generations. Understanding the past on its own terms helps us avoid applying modern standards to ancient practices and ensures a more thoughtful engagement with the topic.
The idea that we’re "better" than humans of the past simply because our values have evolved isn’t quite accurate. Human societies change and adapt based on new knowledge, cultural developments, and technological advancements, but that doesn’t make us morally superior to people who lived in different eras.
People then were simply living according to the values and practices of their time. For example, in the past, life expectancy was much lower, and people matured and took on responsibilities like marriage and family much earlier than we do today. They lived within the boundaries of their world, just as we live within ours. Our understanding of childhood has changed, but it doesn’t make us inherently better; it makes us different based on the context of the time.
We’re still grappling with moral challenges today, just as people in the past did. Our own practices today may be judged differently by future generations. Understanding the past on its own terms helps us avoid applying modern standards to ancient practices and ensures a more thoughtful engagement with the topic.
Citations
Citations
Chapter 1
Pomeranz, Kenneth. The Great Divergence: China, Europe, and the Making of the Modern World Economy. Princeton: Princeton University Press, 2000, 36.
Hasselgren, Per-Olof. "The Smallpox Epidemics in America in the 1700s and the Role of the Surgeons: Lessons to Be Learned During the Global Outbreak of COVID-19." World Journal of Surgery 44, no. 9 (2020): 2837-41. https://doi.org/10.1007/s00268-020-05670-4.
Hansen, Paul G., et al. Engagement and Marriage: A Sociological, Historical, and Theological Investigation of Engagement and Marriage. 1959.
Carrieri, Maria Paola, and Diego Serraino. "Longevity of Popes and Artists Between the 13th and the 19th Century." International Journal of Epidemiology 34, no. 6 (2005): 1435-36. https://doi.org/10.1093/ije/dyi211.
Boatwright, Mary T. Imperial Women of Rome: Power, Gender, Context. Oxford: Oxford University Press, 1991, 87.
Coontz, Stephanie. Marriage, a History: How Love Conquered Marriage. New York: Penguin Books, 2005, 82.
Pomeroy, Sarah. Goddesses, Whores, Wives, and Slaves: Women in Classical Antiquity. New York: Schocken Books, 1975, 48.
See table below.
Riley, James C. Rising Life Expectancy: A Global History. Cambridge: Cambridge University Press, 2001.
Coontz, Stephanie. Marriage, a History: How Love Conquered Marriage. New York: Penguin Books, 2005.
Gies, Frances, and Joseph Gies. Marriage and the Family in the Middle Ages. New York: Harper & Row, 1987, 208.
Pomeroy, Sarah B. Goddesses, Whores, Wives, and Slaves: Women in Classical Antiquity. New York: Schocken Books, 1975, 207.
Wikipedia, s.v. "Marriageable age," accessed October 1, 2024. https://en.wikipedia.org/wiki/Marriageable_age, search for "12 years."
Hansen, Paul G. et al. Engagement and Marriage: A Sociological, Historical, and Theological Investigation of Engagement and Marriage. 1959, 85.
"Age of Consent Laws [Table]." In Children and Youth in History, Item #24. Accessed October 3, 2024. https://chnm.gmu.edu/cyh/primary-sources/24.html
Life Expectancy at Birth in Pre-Modern Societies (2000 BCE to 1700 CE)
2000 BCE
Rathbun, Ted A. A Study of the Physical Characteristics of the Ancient Inhabitants of Kish, Iraq. Coconut Grove, 1975.
1000 BCE
Hansen, Mogens Herman. The Shotgun Method: The Demography of the Ancient Greek City-State Culture. Columbia: University of Missouri Press, 2006, 55.
"Mortality." Encyclopaedia Britannica. Accessed September 29, 2024. https://www.britannica.com/science/mortality-demography.
500 BCE
Saller, Richard P. Patriarchy, Property and Death in the Roman Family. Cambridge: Cambridge University Press, 1997, 22–25.
Ryan, Garret. Naked Statues, Fat Gladiators, and War Elephants: Frequently Asked Questions about the Ancient Greeks and Romans. Amherst, NY: Prometheus Books, 2021.
100 BCE
Bagnall, Roger, and Bruce Frier. The Demography of Roman Egypt. Cambridge: Cambridge University Press, 1994.
"Getting Old in Ancient Egypt." The American Society of Overseas Research, April 2018. Accessed September 20, 2024. https://www.asor.org/anetoday/2018/04/getting-old-in-ancient-egypt.
400 CE
Talbot, Alice-Mary. "Old Age in Byzantium." Byzantinische Zeitschrift 77, no. 2 (1984): 267–78. https://doi.org/10.1515/bz-1984-0207.
850 CE
Harrison, R. Martin. Excavations at Sarachane in Istanbul, Volume 1. Princeton: Princeton University Press, 1986, 380.
1000 CE
Carrieri, Maria Paola, and Diego Serraino. "Longevity of Popes and Artists Between the 13th and the 19th Century." International Journal of Epidemiology 34, no. 6 (2005): 1435–36. https://doi.org/10.1093/ije/dyi211.
1650 CE
Pomeranz, Kenneth. The Great Divergence: China, Europe, and the Making of the Modern World Economy. Princeton: Princeton University Press, 2000, 36.
1700 CE
Our World in Data. "Life Expectancy." Accessed September 22, 2024. https://ourworldindata.org/life-expectancy.
Hasselgren, Per-Olof. "The Smallpox Epidemics in America in the 1700s and the Role of the Surgeons: Lessons to be Learned During the Global Outbreak of COVID-19." World Journal of Surgery 44, no. 9 (2020): 2837–41. https://doi.org/10.1007/s00268-020-05670-4.
Chapter 1
Pomeranz, Kenneth. The Great Divergence: China, Europe, and the Making of the Modern World Economy. Princeton: Princeton University Press, 2000, 36.
Hasselgren, Per-Olof. "The Smallpox Epidemics in America in the 1700s and the Role of the Surgeons: Lessons to Be Learned During the Global Outbreak of COVID-19." World Journal of Surgery 44, no. 9 (2020): 2837-41. https://doi.org/10.1007/s00268-020-05670-4.
Hansen, Paul G., et al. Engagement and Marriage: A Sociological, Historical, and Theological Investigation of Engagement and Marriage. 1959.
Carrieri, Maria Paola, and Diego Serraino. "Longevity of Popes and Artists Between the 13th and the 19th Century." International Journal of Epidemiology 34, no. 6 (2005): 1435-36. https://doi.org/10.1093/ije/dyi211.
Boatwright, Mary T. Imperial Women of Rome: Power, Gender, Context. Oxford: Oxford University Press, 1991, 87.
Coontz, Stephanie. Marriage, a History: How Love Conquered Marriage. New York: Penguin Books, 2005, 82.
Pomeroy, Sarah. Goddesses, Whores, Wives, and Slaves: Women in Classical Antiquity. New York: Schocken Books, 1975, 48.
See table below.
Riley, James C. Rising Life Expectancy: A Global History. Cambridge: Cambridge University Press, 2001.
Coontz, Stephanie. Marriage, a History: How Love Conquered Marriage. New York: Penguin Books, 2005.
Gies, Frances, and Joseph Gies. Marriage and the Family in the Middle Ages. New York: Harper & Row, 1987, 208.
Pomeroy, Sarah B. Goddesses, Whores, Wives, and Slaves: Women in Classical Antiquity. New York: Schocken Books, 1975, 207.
Wikipedia, s.v. "Marriageable age," accessed October 1, 2024. https://en.wikipedia.org/wiki/Marriageable_age, search for "12 years."
Hansen, Paul G. et al. Engagement and Marriage: A Sociological, Historical, and Theological Investigation of Engagement and Marriage. 1959, 85.
"Age of Consent Laws [Table]." In Children and Youth in History, Item #24. Accessed October 3, 2024. https://chnm.gmu.edu/cyh/primary-sources/24.html
Life Expectancy at Birth in Pre-Modern Societies (2000 BCE to 1700 CE)
2000 BCE
Rathbun, Ted A. A Study of the Physical Characteristics of the Ancient Inhabitants of Kish, Iraq. Coconut Grove, 1975.
1000 BCE
Hansen, Mogens Herman. The Shotgun Method: The Demography of the Ancient Greek City-State Culture. Columbia: University of Missouri Press, 2006, 55.
"Mortality." Encyclopaedia Britannica. Accessed September 29, 2024. https://www.britannica.com/science/mortality-demography.
500 BCE
Saller, Richard P. Patriarchy, Property and Death in the Roman Family. Cambridge: Cambridge University Press, 1997, 22–25.
Ryan, Garret. Naked Statues, Fat Gladiators, and War Elephants: Frequently Asked Questions about the Ancient Greeks and Romans. Amherst, NY: Prometheus Books, 2021.
100 BCE
Bagnall, Roger, and Bruce Frier. The Demography of Roman Egypt. Cambridge: Cambridge University Press, 1994.
"Getting Old in Ancient Egypt." The American Society of Overseas Research, April 2018. Accessed September 20, 2024. https://www.asor.org/anetoday/2018/04/getting-old-in-ancient-egypt.
400 CE
Talbot, Alice-Mary. "Old Age in Byzantium." Byzantinische Zeitschrift 77, no. 2 (1984): 267–78. https://doi.org/10.1515/bz-1984-0207.
850 CE
Harrison, R. Martin. Excavations at Sarachane in Istanbul, Volume 1. Princeton: Princeton University Press, 1986, 380.
1000 CE
Carrieri, Maria Paola, and Diego Serraino. "Longevity of Popes and Artists Between the 13th and the 19th Century." International Journal of Epidemiology 34, no. 6 (2005): 1435–36. https://doi.org/10.1093/ije/dyi211.
1650 CE
Pomeranz, Kenneth. The Great Divergence: China, Europe, and the Making of the Modern World Economy. Princeton: Princeton University Press, 2000, 36.
1700 CE
Our World in Data. "Life Expectancy." Accessed September 22, 2024. https://ourworldindata.org/life-expectancy.
Hasselgren, Per-Olof. "The Smallpox Epidemics in America in the 1700s and the Role of the Surgeons: Lessons to be Learned During the Global Outbreak of COVID-19." World Journal of Surgery 44, no. 9 (2020): 2837–41. https://doi.org/10.1007/s00268-020-05670-4.
Chapter 2
"The Woman in Marriage as Reflected in the Code of Hammurabi." REFEMA. Retrieved from https://refema.hypotheses.org/161.
Roth, Martha T. "Age at Marriage and the Household: A Study of Neo-Babylonian and Neo-Assyrian Forms." Comparative Studies in Society and History 29, no. 4 (1987): 715–47. https://www.jstor.org/stable/178823.
Strouhal, Evzen. Life of the Ancient Egyptians. Liverpool: Liverpool University Press, 1992, 52.
Tyldesley, Joyce. Daughters of Isis: Women of Ancient Egypt. London: Penguin Books, 1994, 51.
A. Pomeroy, Sarah. Goddesses, Whores, Wives, and Slaves: Women in Classical Antiquity. New York: Schocken Books, 1975.
B. "Children III. Legal Rights in the Sassanian Period." Encyclopaedia Iranica. Accessed October 19, 2024. https://iranicaonline.org/articles/children-iii.
Neusner, Jacob. A History of the Mishnaic Law of Women. Leiden: Brill, 1988, 271.
Talmud Bavli, Niddah 45b, available at: https://www.sefaria.org/Niddah.45b.2.
Rashi on Genesis 25:20:1, available at: https://www.sefaria.org/Rashi_on_Genesis.25.20.1.
The William Davidson Talmud, Niddah 44b, available at: https://www.sefaria.org/Niddah.44b.9.
The William Davidson Talmud, Yevamot 57b, available at: https://www.sefaria.org/Yevamot.57b.2.
The Catholic Encyclopedia. "Civil Marriage." Catholic Online. Accessed October 5, 2024. https://www.catholic.org/encyclopedia/view.php?id=7599.
Woods, Thomas E. How the Catholic Church Built Western Civilization. Washington, DC: Regnery Publishing, 2005, 191–200.
Bainton, Roland Herbert. What Christianity Says About Sex, Love, and Marriage. New York: Association Press, 1957, 48–49.
A. Worth, Roland H. Alternative Lives of Jesus: Noncanonical Accounts through the Early Middle Ages. Jefferson, NC: McFarland & Co., 2003, 119.
B. "The History of Joseph the Carpenter." New Advent. Accessed October 3, 2024. https://www.newadvent.org/fathers/0805.htm, para. 3.
Robertson, Stephen. "Age of Consent Laws." Children and Youth in History. Accessed October 7, 2024. https://chnm.gmu.edu/cyh/teaching-modules/230.html.
The Offences Against the Person Act, 1875 (38 & 39 Vict. c. 94).
Odem, Mary E. Delinquent Daughters: Protecting and Policing Adolescent Female Sexuality in the United States, 1885–1920. Chapel Hill: University of North Carolina Press, 1995, 13.
Dahl, Gordon B. "Early Teen Marriage and Future Poverty." Demography 47, no. 3 (August 2010): 689–718. https://doi.org/10.1353/dem.0.0120.
"The Maiden Tribute of Modern Babylon." Wikipedia. Accessed October 1, 2024. https://en.wikipedia.org/wiki/The_Maiden_Tribute_of_Modern_Babylon.
Notable Royal Marriages
1110 / "Empress Matilda." Wikipedia. https://en.wikipedia.org/wiki/Empress_Matilda.
Chibnall, Marjorie. The Empress Matilda: Queen Consort, Queen Mother, and Lady of the English. Oxford: Blackwell Publishers, 1991, 16–17.
1200 / Connolly, Sharon Bennett. Ladies of Magna Carta: Women of Influence in Thirteenth Century England. Barnsley, South Yorkshire: Pen & Sword History, 2020, 152.
Wood, Sharon Bennett. "Isabelle d’Angoulême: A Complicated Queen." History... the Interesting Bits. February 29, 2020. https://historytheinterestingbits.com/2020/02/29/medieval-she-wolves-part-two
1225 / "Isabella II of Jerusalem." Wikipedia. https://en.wikipedia.org/wiki/Isabella_II_of_Jerusalem.
"Frederick II, Holy Roman Emperor." Wikipedia. https://en.wikipedia.org/wiki/Frederick_II,_Holy_Roman_Emperor.
1396 / "Isabella of Valois." Wikipedia. https://en.wikipedia.org/wiki/Isabella_of_Valois.
1430 / Jansen, Sharon L. The Monstrous Regiment of Women: Female Rulers in Early Modern Europe. New York: Palgrave Macmillan, 2002, 50–51.
1470 / Jansen, Sharon L. The Monstrous Regiment of Women: Female Rulers in Early Modern Europe. New York: Palgrave Macmillan, 2002, 13.
"Joanna la Beltraneja." Wikipedia. https://en.wikipedia.org/wiki/Joanna_la_Beltraneja.
1473 / "Caterina Sforza." Wikipedia. https://en.wikipedia.org/wiki/Caterina_Sforza.
1475 / Jansen, Sharon L. The Monstrous Regiment of Women: Female Rulers in Early Modern Europe. New York: Palgrave Macmillan, 2002, 16.
"Joanna la Beltraneja." Wikipedia. https://en.wikipedia.org/wiki/Joanna_la_Beltraneja.
1480 / Ady, Julia Mary Cartwright. Beatrice d'Este, Duchess of Milan, 1475-1497: A Study of the Renaissance. London: J. M. Dent & Co., 1899, 8–9.
1490 / Jansen, Sharon L. The Monstrous Regiment of Women: Female Rulers in Early Modern Europe. New York: Palgrave Macmillan, 2002, 98.
"Maximilian I, Holy Roman Emperor." Wikipedia. https://en.wikipedia.org/wiki/Maximilian_I,_Holy_Roman_Emperor.
1532 / Jansen, Sharon L. The Monstrous Regiment of Women: Female Rulers in Early Modern Europe. New York: Palgrave Macmillan, 2002, 100-101.
"Christina of Denmark." Wikipedia. https://en.wikipedia.org/wiki/Christina_of_Denmark.
1649 / "Philip IV of Spain." Wikipedia. https://en.wikipedia.org/wiki/Philip_IV_of_Spain.
1673 / Brown, Rebecca Starr. "The Marriage of James II & Mary Beatrice of Modena." Rebecca Starr Brown. May 14, 2018. Accessed October 5, 2024. https://rebeccastarrbrown.com/2018/05/14/the-marriage-of-james-ii-mary-beatrice-of-modena.
"Mary of Modena." Encyclopedia Britannica. 20 July 1998. britannica.com/biography/Mary-of-Modena.
"Mary of Modena Marries James II." Philippa Gregory. Accessed October 8, 2024. https://www.philippagregory.com/news/mary-of-modena-marries-james-ii.
Chapter 2
"The Woman in Marriage as Reflected in the Code of Hammurabi." REFEMA. Retrieved from https://refema.hypotheses.org/161.
Roth, Martha T. "Age at Marriage and the Household: A Study of Neo-Babylonian and Neo-Assyrian Forms." Comparative Studies in Society and History 29, no. 4 (1987): 715–47. https://www.jstor.org/stable/178823.
Strouhal, Evzen. Life of the Ancient Egyptians. Liverpool: Liverpool University Press, 1992, 52.
Tyldesley, Joyce. Daughters of Isis: Women of Ancient Egypt. London: Penguin Books, 1994, 51.
A. Pomeroy, Sarah. Goddesses, Whores, Wives, and Slaves: Women in Classical Antiquity. New York: Schocken Books, 1975.
B. "Children III. Legal Rights in the Sassanian Period." Encyclopaedia Iranica. Accessed October 19, 2024. https://iranicaonline.org/articles/children-iii.
Neusner, Jacob. A History of the Mishnaic Law of Women. Leiden: Brill, 1988, 271.
Talmud Bavli, Niddah 45b, available at: https://www.sefaria.org/Niddah.45b.2.
Rashi on Genesis 25:20:1, available at: https://www.sefaria.org/Rashi_on_Genesis.25.20.1.
The William Davidson Talmud, Niddah 44b, available at: https://www.sefaria.org/Niddah.44b.9.
The William Davidson Talmud, Yevamot 57b, available at: https://www.sefaria.org/Yevamot.57b.2.
The Catholic Encyclopedia. "Civil Marriage." Catholic Online. Accessed October 5, 2024. https://www.catholic.org/encyclopedia/view.php?id=7599.
Woods, Thomas E. How the Catholic Church Built Western Civilization. Washington, DC: Regnery Publishing, 2005, 191–200.
Bainton, Roland Herbert. What Christianity Says About Sex, Love, and Marriage. New York: Association Press, 1957, 48–49.
A. Worth, Roland H. Alternative Lives of Jesus: Noncanonical Accounts through the Early Middle Ages. Jefferson, NC: McFarland & Co., 2003, 119.
B. "The History of Joseph the Carpenter." New Advent. Accessed October 3, 2024. https://www.newadvent.org/fathers/0805.htm, para. 3.
Robertson, Stephen. "Age of Consent Laws." Children and Youth in History. Accessed October 7, 2024. https://chnm.gmu.edu/cyh/teaching-modules/230.html.
The Offences Against the Person Act, 1875 (38 & 39 Vict. c. 94).
Odem, Mary E. Delinquent Daughters: Protecting and Policing Adolescent Female Sexuality in the United States, 1885–1920. Chapel Hill: University of North Carolina Press, 1995, 13.
Dahl, Gordon B. "Early Teen Marriage and Future Poverty." Demography 47, no. 3 (August 2010): 689–718. https://doi.org/10.1353/dem.0.0120.
"The Maiden Tribute of Modern Babylon." Wikipedia. Accessed October 1, 2024. https://en.wikipedia.org/wiki/The_Maiden_Tribute_of_Modern_Babylon.
Notable Royal Marriages
1110 / "Empress Matilda." Wikipedia. https://en.wikipedia.org/wiki/Empress_Matilda.
Chibnall, Marjorie. The Empress Matilda: Queen Consort, Queen Mother, and Lady of the English. Oxford: Blackwell Publishers, 1991, 16–17.
1200 / Connolly, Sharon Bennett. Ladies of Magna Carta: Women of Influence in Thirteenth Century England. Barnsley, South Yorkshire: Pen & Sword History, 2020, 152.
Wood, Sharon Bennett. "Isabelle d’Angoulême: A Complicated Queen." History... the Interesting Bits. February 29, 2020. https://historytheinterestingbits.com/2020/02/29/medieval-she-wolves-part-two
1225 / "Isabella II of Jerusalem." Wikipedia. https://en.wikipedia.org/wiki/Isabella_II_of_Jerusalem.
"Frederick II, Holy Roman Emperor." Wikipedia. https://en.wikipedia.org/wiki/Frederick_II,_Holy_Roman_Emperor.
1396 / "Isabella of Valois." Wikipedia. https://en.wikipedia.org/wiki/Isabella_of_Valois.
1430 / Jansen, Sharon L. The Monstrous Regiment of Women: Female Rulers in Early Modern Europe. New York: Palgrave Macmillan, 2002, 50–51.
1470 / Jansen, Sharon L. The Monstrous Regiment of Women: Female Rulers in Early Modern Europe. New York: Palgrave Macmillan, 2002, 13.
"Joanna la Beltraneja." Wikipedia. https://en.wikipedia.org/wiki/Joanna_la_Beltraneja.
1473 / "Caterina Sforza." Wikipedia. https://en.wikipedia.org/wiki/Caterina_Sforza.
1475 / Jansen, Sharon L. The Monstrous Regiment of Women: Female Rulers in Early Modern Europe. New York: Palgrave Macmillan, 2002, 16.
"Joanna la Beltraneja." Wikipedia. https://en.wikipedia.org/wiki/Joanna_la_Beltraneja.
1480 / Ady, Julia Mary Cartwright. Beatrice d'Este, Duchess of Milan, 1475-1497: A Study of the Renaissance. London: J. M. Dent & Co., 1899, 8–9.
1490 / Jansen, Sharon L. The Monstrous Regiment of Women: Female Rulers in Early Modern Europe. New York: Palgrave Macmillan, 2002, 98.
"Maximilian I, Holy Roman Emperor." Wikipedia. https://en.wikipedia.org/wiki/Maximilian_I,_Holy_Roman_Emperor.
1532 / Jansen, Sharon L. The Monstrous Regiment of Women: Female Rulers in Early Modern Europe. New York: Palgrave Macmillan, 2002, 100-101.
"Christina of Denmark." Wikipedia. https://en.wikipedia.org/wiki/Christina_of_Denmark.
1649 / "Philip IV of Spain." Wikipedia. https://en.wikipedia.org/wiki/Philip_IV_of_Spain.
1673 / Brown, Rebecca Starr. "The Marriage of James II & Mary Beatrice of Modena." Rebecca Starr Brown. May 14, 2018. Accessed October 5, 2024. https://rebeccastarrbrown.com/2018/05/14/the-marriage-of-james-ii-mary-beatrice-of-modena.
"Mary of Modena." Encyclopedia Britannica. 20 July 1998. britannica.com/biography/Mary-of-Modena.
"Mary of Modena Marries James II." Philippa Gregory. Accessed October 8, 2024. https://www.philippagregory.com/news/mary-of-modena-marries-james-ii.
Chapter 3
Esposito, John L. "Women's Rights in Islam." Islamic Studies 14, no. 2 (1975): 99–114. Accessed October 14, 2024. http://www.jstor.org/stable/20846947.
Ibn Qayyim al-Jawziyyah. I'lam al-Muwaqqi'in. Vol. 3. Beirut: Dâr al-Kutub al-‘Ilmiyyah, 1991, 65–66.
Chapter 3
Esposito, John L. "Women's Rights in Islam." Islamic Studies 14, no. 2 (1975): 99–114. Accessed October 14, 2024. http://www.jstor.org/stable/20846947.
Ibn Qayyim al-Jawziyyah. I'lam al-Muwaqqi'in. Vol. 3. Beirut: Dâr al-Kutub al-‘Ilmiyyah, 1991, 65–66.
Chapter 4
Goldschmidt, Arthur. A Concise History of the Middle East. 11th ed. Boulder, CO: Westview Press, 2016, 29.
Ali, Kecia. "Mother of the Faithful." In The Lives of Muhammad. Cambridge, MA: Harvard University Press, 2014, 133, 155–199.
Wikipedia contributors. (2024, October 13). Jubayr ibn Muṭʿim. Wikipedia.
Spellberg, Denise A. Politics, Gender, and the Islamic Past: The Legacy of ‘A’isha Bint Abi Bakr. New York: Columbia University Press, 1994.