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Minor Marriage in Early Islamic Law

Minor Marriage in Early Islamic Law

作者： Carolyn G. Baugh
出版商： Brill Academic Publishers
ISBN: 9789004344839
出版时间 June 2017
规格： Hardback
适应领域： Netherlands ? 免责申明：
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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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