The Islamic Encyclopaedia of Jurisprudence – Marrying a minor Girl

The Islamic Encyclopaedia of Jurisprudence is a scholarly database summarizing classical fiqh (Islamic jurisprudence) and Shariah law.

The second section: The ruling on marrying a minor girl

First Issue: A Father Marrying off His young virgin daughter

It is permissible for a father to marry off his young virgin daughter without her permission. This is agreed upon by the four schools of jurisprudence: Hanafi, Maliki, Shafi’i, and Hanbali. It was reported that there was consensus on that.

Evidence

1. From the Book
   God Almighty said: “And those of your women who have despaired of menstruation, if you are in doubt, their waiting period is three months. And those who have not menstruated.” [At-Talaq: 4]
   The meaning of the evidence:
   God Almighty ruled that the divorce of a minor girl who has not menstruated is valid, and divorce only occurs in a valid marriage. Thus, the verse includes the permissibility of marrying a minor girl. There is no party with whom her marriage is valid unless her father marries her.
2. From the Sunnah:
   On the authority of Aisha, may God be pleased with her: “The Prophet, may God bless him and grant him peace, married her when she was six years old, and she was consummated with him when she was nine, and she stayed with him for nine years.”
   The meaning of the evidence:
   This is clear evidence of the permissibility of a father marrying off a young girl without her permission, because she does not have permission.
3. Third:
   Because the father is not like other guardians, as evidenced by his disposition of her money and his care of her, and that he is not accused of her.
4. Fourth:
   The suitable person is not found at all times, so there was a pressing need to prove the guardianship of the guardian in her youth, and because if he waited for her to reach adulthood, that suitable person would be lost, and there is no one like him.

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Second Issue: Marriage of a Small Virgin Girl by a Guardian Other Than Her Father

It is permissible for a guardian other than the father to marry off a small virgin girl. This is the opinion of the Hanafi school, the correct view within the Hanbali school, and the position favored by Shaykh al-Islam Ibn Taymiyyah, as well as the opinions of Ibn Baz and Ibn Uthaymeen.

Evidence:

1. From the Qur’an:
   Allah says: “And if you fear that you will not deal justly with the orphans, then marry those that please you of [other] women.” (Surah An-Nisa, 4:3) Interpretation:
   The verse implies that a guardian (other than the father) is allowed to marry an orphan if he treats her fairly and justly, which includes paying her a fair dowry.
2. From the Sunnah:
   1. Abu Huraira (RA) narrated that the Messenger of Allah (PBUH) said: “The orphan girl must be asked for permission regarding herself. If she is silent, it is her consent; if she refuses, there is no compulsion on her.” (Sahih Muslim)
   2. Abu Musa (RA) reported that the Prophet (PBUH) said: “The orphan girl is to be asked for permission regarding herself. If she is silent, it is her consent; if she refuses, she should not be forced.” (Sahih Muslim)
   Interpretation:
   These hadiths clarify that an orphan girl can be married off with her consent, even by a guardian other than her father.
3. From the Narrations:
   Abdullah ibn Umar (RA) narrated:
   “Uthman ibn Maz’oon passed away and left behind a daughter. He had entrusted her care to his brother Qudama ibn Maz’oon. Abdullah said: ‘I proposed to Qudama for the daughter of Uthman ibn Maz’oon, and he married me to her. However, when Mughira ibn Shu’ba came to her mother and suggested that she might marry him, the girl inclined toward the preference of her mother. Eventually, the case was brought before the Prophet (PBUH).’ Qudama ibn Maz’oon said: ‘O Messenger of Allah, my nephew entrusted me with her care, and I married her to Abdullah ibn Umar. I did not neglect her in terms of righteousness or suitability, but the girl leaned toward her mother’s wishes.’ The Prophet (PBUH) responded: ‘She is an orphan and cannot be married without her consent.’ Afterward, the marriage was annulled, and she was married to Mughira ibn Shu’ba.” (Sunan Abu Dawood)
   Interpretation:
   This narration shows that a guardian other than the father can marry an orphan, but the orphan must give her consent, as confirmed by the Prophet (PBUH).
4. From the Commentaries:
   Urwah ibn az-Zubair (RA) reported: “I asked Aisha (RA) about Allah’s statement: ‘And if you fear that you will not deal justly with the orphans, then marry those that please you of [other] women’ (Surah An-Nisa, 4:3). She said: ‘O son of my sister, this orphan is in the care of her guardian, and she shares in his wealth. He becomes attracted to her wealth and beauty, and may want to marry her without giving her a fair dowry. Therefore, Allah prohibited such marriage unless the guardian deals justly and gives her an appropriate dowry.'”

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Third Issue: Delivering the Prepubescent Girl to Her Husband for His Sexual Gratification

It is not permitted to deliver a prepubescent girl who is unable to bear sexual relations to her husband for his sexual gratification. This is agreed upon by all four major Islamic schools of thought: Hanafi, Maliki, Shafi’i, and Hanbali.

Evidence:

1. The requirement for delivering the girl is based on the necessity of enabling the husband to fulfil the marital rights. Since this is not possible in the case of a prepubescent girl who is not yet capable of sexual relations, this requirement is nullified.
2. There is a concern that the husband’s excessive desire might lead him to engage in harmful actions that could harm the girl.

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Fourth Issue: The Marriage of a Prepubescent Widow

Scholars have differed regarding the ruling on marrying a prepubescent widow. There are two main opinions:

First Opinion:
The father can marry off a prepubescent widow, just like he can marry off a virgin girl, without her consent. This is the view of the majority: Hanafi, Maliki, and Hanbali scholars.

Evidence:

1. The girl is still young, and thus it is permissible to compel her to marry, similar to a virgin girl or young boy.
2. She does not have the right to consent because she is not of the age where consent is considered valid.

Second Opinion:
The guardian (whether father or otherwise) cannot marry off a prepubescent widow until she reaches maturity and gives her consent. This is the view of the Shafi’i school, and a position held by some Hanbali scholars, as well as scholars like Ibn Shubrama, Ibn Hazm, and al-San’ani.

Evidence:

1. Ibn Abbas (may Allah be pleased with him) reported that the Prophet (peace be upon him) said:
   “A widow has more right to her own self than her guardian. A virgin must be asked for her consent, and her consent is silence.”
2. Abu Huraira (may Allah be pleased with him) narrated that the Prophet (peace be upon him) said:
   “A virgin cannot be married until she is asked for her consent, and a widow must be consulted. Her consent is her silence.”
   Proof from these hadiths:
   The widow, whether young or old, should not be married without her permission, and she cannot be forced into marriage.
3. Because there is a benefit in delaying the marriage until she matures and is able to make an informed decision for herself.

This is part of Shariah as understood in classical Islamic jurisprudence. Notice the amount of evidence presented — from the Qur’an, from Muhammad, from the Sunnah, from the scholars, and from the hadith literature. The ruling is not presented as opinion alone, but as something built on layered textual and scholarly authority.