THE ROLE OF AISHA BINT ABU BAKR IN THE HISTORY OF ISLAMIC JURISPRUDENCE
Keywords:
Aisha bint Abi Bakr; history of jurisprudence; Companion jurists; ijtihad; hadith; Hijazi school; fatwa; Maliki madhhab; women’s rights; family jurisprudenceAbstract
This article analyzes the jurisprudential views, ijtihad methodology, and
scholarly status of ʿAisha bint Abi Bakr (may Allah be pleased with her), Mother of the
Believers, on the basis of Islamic history, the history of jurisprudence, and classical
sources on the Companion jurists. ʿAisha (may Allah be pleased with her) was not only
a preeminent hadith scholar but also an independent mujtahid, a scholar possessing the
capacity to issue fatwas, and a teacher who guided the Companions in jurisprudential
matters. Her jurisprudential legacy exercised a decisive influence on the formation of the
later Hijazi school and especially the school of Imam Malik. The article systematically
examines her biographical background, her jurisprudential methodology (Qurʼan-first
reasoning, analysis of the purposes of rulings, use of analogy), her most significant
jurisprudential contributions to the fields of worship, family law, and women’s rights, her
role in correcting the jurisprudential conclusions of other Companions, her principal
students and their transmission of her legacy, and the assessment of modern scholars
including Muhammad Abu Zahra.