Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 22 No. 1 (2023): Pena Justisia

THE MARRIAGE OF ʿĀISHAH (RA) IN THE PERSPECTIVE OF MAQĀṢID AL-SHARĪʿAH: A HISTORICAL AND NORMATIVE ANALYSIS OF THE OBJECTIVES OF ISLAMIC LAW

Abdurrasyid Ridha (UIN Siber Syeh Nurjati Cirebon)
Adang Djumhur Salikin (UIN Siber Syeh Nurjati Cirebon)
Achmad Kholiq (UIN Siber Syeh Nurjati Cirebon)
Sugianto Sugianto (UIN Siber Syeh Nurjati Cirebon)



Article Info

Publish Date
10 May 2023

Abstract

This paper analyzes the marriage of the Prophet Muḥammad (peace be upon him) to Aishah (may Allah be pleased with her) within the framework of maqāṣid al-sharīʿah, emphasizing the historical, normative, and educational dimensions of the event. Modern debates that highlight the issue of ʿĀishah’s age often stem from a literalist reading detached from the maqāṣid-based context of Islamic law. Through a qualitative literature study of classical sources such as al-Sīrah al-Nabawiyyah, al-Muwāfaqāt by al-Shāṭibī, and Maqāṣid al-Sharīʿah al-Islāmiyyah by Ibn ʿĀshūr, this article finds that the marriage carries broad legal dimensions: the protection of lineage (ḥifẓ al-nasl), preservation of religion (ḥifẓ al-dīn), education of the ummah (taʿlīm al-ummah), and the formation of Islamic family ethics. Methodologically, this study employs a maqāṣidī-historical approach, using qualitative analysis of both texts and the 7th-century Arabian social context. The findings suggest that the marriage of ʿĀishah was not merely a historical fact but a sharīʿah instrument for safeguarding moral order and the epistemology of Islamic law. A maqāṣid-based understanding helps to avoid ahistorical interpretations while reinforcing the relevance of Islamic family ethics in the modern era.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...