E-Jurnal

Hadith of Aisha’s Marriage to Prophet Muhammad: An Islamic Discourse on Child Marriage. E-Jurnal

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Child marriage is a global issue that concerns the violation of children's rights. All
signatory countries to the International Convention on the Rights of the Child (UNCRC),
including Malaysia, are obliged to raise the marriageable age to 18 years old as a legal
measure to curb child marriage. However, the proposed law reform received strong
rejection and criticism from religious groups in various Muslim countries. Religious
traditionalist groups saw child marriage as permissible in Islamic law following the
authority of the hadith of Aisha's marriage to Prophet Muhammad at the age of six. This
article aims to analyse the abovementioned hadith by highlighting the discussion
between the conflicting groups of Muslim scholars in the context of child marriage. This
study employed content analysis to the Islamic legal texts and hadith commentaries in
classical and contemporary works. This study found that the controversial hadith in
question is a sound authority and cannot be dismissed as a legal basis for several matters
in Islamic family law, including the permissibility of a father to marry off his young child.
However, the hadith should not be considered as an authority to condone child marriage
in today’s context. As a way forward, child rights’ advocates may pose other arguments
within the Islamic law framework such as maslaha and Siyasah Shar'iyya to curb child
marriage in Malaysia.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

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Penerbit

: ., 2022

Deskripsi Fisik

p 93- 105

Bahasa

Indonesia

ISBN/ISSN

2232-1314

Klasifikasi

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Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

Vol. 21

Subjek

HUKUM KELUARGA

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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