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Minor Marriage in Early Islamic Law

Minor Marriage in Early Islamic Law

Minor Marriage in Early Islamic Law

Author: Carolyn G. Baugh
Publisher: Brill Academic Publishers
ISBN: 9789004344839
Published In: June 2017
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,396.50

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In Minor Marriage in Early Islamic Law, Carolyn Baugh offers an in-depth exploration of 8th-13th century legal sources on the marriageability of prepubescents, focusing on such issues as maintenance, sexual readiness, consent, and a father’s right to compel. Modern efforts to resist establishment of a minimum marriage age in countries such as Saudi Arabia rest on claims of early juristic consensus that fathers may compel their prepubescent daughters to marry.

This work investigates such claims by highlighting the extremely nuanced discussions and debates recorded in early legal texts. From the works of famed early luminaries to the “consensus writers” of later centuries, each chapter brings new insights into a complex and enduring debate.

Part One: The Early Formative Era

Chapter One: Contextualizing and Conceptualizing Minor Marriage

Chapter Two: The Early Compendia

Chapter Three: Early Ḥanafī Thought

Chapter Four: Early Mālikī Thought

Chapter Five: Al-Shāfiʿī

Part Two; Consensus, Consensus Writing, Post-Formative Era Writing, and Whether Consensus Matters

Chapter Six: Consensus

Chapter Seven: Writing Consensus

Chapter Eight: Post-Formative Era Thought on Minor Marriage

Conclusion: Does Consensus Matter?

Appendix: Excerpts from the Early Compendia

Bibliography

Index

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