Minor marriage in early Islamic law / by Carolyn G. Baugh.
2017
KBP543.955 .B38 2017 (Mapit)
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Author
Title
Minor marriage in early Islamic law / by Carolyn G. Baugh.
Imprint
Leiden ; Boston : Brill, [2017]
Description
267 pages ; 25 cm.
Series
Studies in Islamic law and society ; v. 41. 1384-1130.
Formatted Contents Note
Contextualizing and conceptualizing minor marriage
The early compendia
Early Ḥanafī thought
Early Mālikī thought
al-Shāfiʻī
Consensus
Writing consensus
Post-formative scholars
Conclusion : does consensus matter?
The early compendia
Early Ḥanafī thought
Early Mālikī thought
al-Shāfiʻī
Consensus
Writing consensus
Post-formative scholars
Conclusion : does consensus matter?
Summary
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.
Note
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.
Bibliography, etc. Note
Includes bibliographical references (pages 257-262) and index.
Location
STA
Available in Other Form
Online version: Baugh, Carolyn, author. Minor marriage in early Islamic law Leiden ; Boston : Brill, 2017
Call Number
KBP543.955 .B38 2017
Language
English
ISBN
9789004344839 (hardback ; alkaline paper)
9004344837 (hardback ; alkaline paper)
9004344837 (hardback ; alkaline paper)
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