Marriage of a Minor Girl
A young girl who has not yet reached the age of puberty may be married through her father. On this matter, evidence is found in the Quran, hadith, and consensus (ijma).
✔ Quranic Evidence
The saying of Allah Almighty:
(وَاللَّائِي یَئِسْنَ مِنَ الْمَحِیضِ مِنْ نِّسَائِکُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُہُنَّ ثَلَاثَۃُ أَشْہُرٍ وَّاللَّائِي لَمْ یَحِضْنَ وَأُولَاتُ الْـأَحْمَالِ أَجَلُہُنَّ أَنْ یَّضَعْنَ حَمْلَہُنَّ)
“If you have doubts, then the waiting period of those women who have despaired of menstruation among your women, and of those who have not yet menstruated, is three months; and for pregnant women, their waiting period is until they give birth.”
This verse mentions three types of women:
◈ Elderly women who have despaired of menstruation.
◈ Minor girls whose menstruation has not yet begun.
◈ Pregnant women.
The waiting period for divorce is stated for all three, which is three months, except for pregnant women, whose waiting period is until childbirth. From this it is established that the marriage of minor girls is permissible, for otherwise mentioning their divorce waiting period would be meaningless.
Imam al-Bukhari (may Allah have mercy on him) also derived from this verse the permissibility of marrying a minor girl, and established the chapter as follows:
بَابُ إِنْکَاحِ الرَّجُلِ وَلَدَہُ الصِّغَارَ
“The chapter on a father marrying off his minor sons and daughters.”
Hafiz Ibn Hajar (may Allah have mercy on him, d. 852 AH) writes:
“In the chapter heading, the word ‘walad’ is generic, including both male and female. Imam al-Bukhari’s statement: ‘(وَالَّلَائِي لَمْ یَحِضْنَ) Allah Almighty has stated the waiting period of the minor as three months.’ Imam al-Bukhari wishes to show from this verse the permissibility of marrying a minor. This is a good deduction, but the verse does not specify a father or a virgin. The original ruling is prohibition of marriage, until evidence is found. It is narrated in a hadith that Sayyidna Abu Bakr al-Siddiq (may Allah be pleased with him) married Sayyida Aisha (may Allah be pleased with her) when she was a minor. Therefore, other than a minor girl, the rest remain on their original (prohibition). Perhaps this is the secret of Imam al-Bukhari mentioning the hadith of Sayyida Aisha (may Allah be pleased with her).”
The saying of Allah:
(وَیَسْتَفْتُونَکَ فِي النِّسَاءِ قُلِ اللّٰہُ یُفْتِیکُمْ فِیہِنَّ وَمَا یُتْلٰی عَلَیْکُمْ فِي الْکِتَابِ فِي یَتَامَی النِّسَاءِ اللَّاتِي لَا تُؤْتُونَہُنَّ مَا کُتِبَ لَہُنَّ وَتَرْغَبُونَ أَنْ تَنْکِحُوہُنَّ وَالْمُسْتَضْعَفِینَ مِنَ الْوِلْدَانِ وَأَنْ تَقُومُوا لِلْیَتَامٰی بِالْقِسْطِ وَمَا تَفْعَلُوا مِنْ خَیْرٍ فَإِنَّ اللّٰہَ کَانَ بِہٖ عَلِیمًا)
“They ask you concerning women. Say: Allah gives you a ruling concerning them, and also concerning the orphan girls whose rights you do not give what is prescribed for them, yet you desire to marry them; and concerning the weak among the children. And that you should stand firm for orphans with justice. Whatever good you do, indeed Allah is fully aware of it.”
The eminent Tabi’i Urwah ibn al-Zubayr (may Allah have mercy on him), explaining this verse, states:
“I asked Sayyida Aisha (may Allah be pleased with her) about (Surah al-Nisa: 3). She said: Nephew! It refers to an orphan girl who is under the guardianship of her guardian, whose guardian becomes interested in her wealth and beauty, and wants to marry her without giving her full dowry. Such people were forbidden: if you wish to marry, pay her full dowry, or else marry another woman.”
Hafiz Ibn Hajar (may Allah have mercy on him, 773–852 AH), in explaining this hadith, says:
“This hadith is evidence that a guardian other than the father may marry off a minor virgin or a previously married girl, because a true orphan is one who is a minor and whose father has died. Permission has been given to marry an orphan girl, and the claim of its impermissibility requires evidence.”
Shaykh al-Islam Thani, Allama Ibn Qayyim al-Jawziyyah (may Allah have mercy on him, d. 751 AH):
“The prophetic decision is that the consultation of a minor orphan girl regarding her marriage (out of compassion) is taken, because after puberty orphanhood no longer remains. Therefore this is clear evidence that the marriage of an orphan girl before puberty is permissible. This is also the position of Sayyida Aisha (may Allah be pleased with her), and the Quran and Sunnah also support it.”
Remarks
Definition of Yatimah:
The plural of yatimah is “yataama”, and its linguistic and actual meaning is a girl who has not reached the age of puberty and whose father has died. Sayyidna Hanzala ibn Hudhaym (may Allah be pleased with him) says that he heard the Prophet ﷺ say:
لَا یُتْمَ بَعْدَ احْتِلَامٍ، وَلَا یُتْمَ عَلٰی جَارِیَۃٍ إِذَا ہِيَ حَاضَتْ
“Boys do not remain orphans after wet dreams, nor girls after menstruation.”
Hafiz Ibn Hajar (may Allah have mercy on him) said of its chain in
that it is “la ba’sa bihi” (there is no harm in it). However, after puberty too, a woman is figuratively called yatimah, as mentioned in the verse of Surah al-Nisa
. In that verse, yatimah refers to a minor girl whose father has died, not an adult woman. Taking yatimah to mean an adult woman here, without evidence, is a move from the literal to the figurative, which is plainly wrong.
Moreover, Sayyida Aisha (may Allah be pleased with her) herself explains this verse and states its occasion of revelation, which helps in understanding any verse. Therefore, the statement of Sayyida Aisha (may Allah be pleased with her) has preference.
Objection to the Application of the Word “Nisa” (Women):
If someone claims that the word “nisa'” (women) appears twice in the verse, and that it is used for adult women just as “rijal” (men) is used for adult men, so only adult women are meant here, our answer is that the word “nisa'” is indeed used for adult women, but it can also be applied to young girls who have not reached puberty. As the Almighty says:
یُذَبِّحُونَ أَبْنَاء َکُمْ وَیَسْتَحْیُونَ نِسَاءَ کُم
“The people of Pharaoh used to slaughter your sons and spare your daughters (women).”
Here “nisa'” refers to nursing girls, not adult women. Therefore the word “nisa'” can also be used for girls who have not reached puberty.
Application of the word “nisa'” to girls as well:
Girls are included in the category of “nisa'”, as Allah the Exalted says:
وَلَا تَنْکِحُوا مَا نَکَحَ آبَاؤُکُمْ مِنَ النِّسَاءِ
“Do not marry the women whom your fathers have married.”
Also, Allah the Exalted says:
وَأُمَّہَاتُ نِسَائِکُمْ
“Do not marry your mothers-in-law.”
In these two verses the word “nisa'” includes young girls too, because if a man marries a girl who has not reached puberty, then without any disagreement the girl’s mother becomes one of the permanently forbidden relatives for him.
Marriage of an orphan girl approaching puberty:
An orphan girl who is approaching puberty should be consulted out of kindness. If her marriage is contracted without her permission and she is content with it, the marriage is valid; otherwise the marriage is annulled. All the ahadith that mention consulting an orphan girl are to be understood as referring to this situation.
Sayyidna Abdullah ibn Umar may Allah be pleased with them both narrates:
توفي عثمان بن مظعون رضي اللٰہ عنہ، وترک ابنۃ لہ، من خویلۃ بنت حکیم بن أمیۃ بن حارثۃ بن الـأوقص قال : وأوصٰی إلٰی أخیہ قدامۃ بن مظعون قال عبد اللٰہ : فہما خالاي قال : خطبت إلٰی قدامۃ بن مظعون ابنۃ عثمان بن مظعون، فزوجنیہا، فدخل المغیرۃ بن شعبۃ رضي اللٰہ عنہ إلٰی أمہا، فأرغبہا في المال فحطت إلیہ، وحطت الجاریۃ إلٰی ہوٰی أمہا، فأبتا حتی ارتفع أمرہما إلٰی رسول اللٰہ صلی اللٰہ علیہ وسلم قال : فقال قدامۃ بن مظعون : ابنۃ أخي أوصٰی بہا إلي، فزوجتہا من عبد اللٰہ بن عمر، فلم أقصر بہا في الصلاح، ولا في الکفاء ۃ، ولٰکنہا امرأۃ، وإنہا حطت إلٰی ہوٰی أمہا قال : فقال رسول اللٰہ صلی اللٰہ علیہ وسلم : ہي یتیمۃ ولا تنکح إلا بإذنہا، قال : فانتزعت واللٰہ مني بعد ما ملکتہا، وزوجوہا المغیرۃ بن شعبۃ رضي اللٰہ عنہ .
“Sayyidna Uthman ibn Maz’un may Allah be pleased with him passed away, leaving behind a daughter from his wife Khawlah bint Hakim, and he appointed his brother Qudamah ibn Maz’un as her guardian. Both brothers were my maternal uncles (Ibn Umar’s). I sent a proposal of marriage to my uncle Qudamah regarding this orphan girl, and he married her to me. Mughirah ibn Shu’bah may Allah be pleased with him came to the girl’s mother and enticed her with wealth; the mother was swayed, and the girl inclined toward her mother’s wishes, and they both refused. The matter was brought before the Messenger of Allah ﷺ. Qudamah ibn Maz’un said: ‘O Messenger of Allah, she is my brother’s daughter; her father appointed me as her guardian, and I gave her to Abdullah ibn Umar. I did not fall short in regard to her righteousness or suitability, but she is a woman, and she is inclined toward her mother’s wishes and is refusing.’ The Messenger of Allah ﷺ said: ‘She is an orphan, and she is not to be married except with her permission.’ He said: ‘By Allah, after the marriage contract she was taken from me and given in marriage to Mughirah ibn Shu’bah may Allah be pleased with him.'”
Imam al-Hakim may Allah have mercy on him
declared this hadith “sahih according to the conditions of Imam al-Bukhari and Imam Muslim,” and al-Hafiz al-Dhahabi may Allah have mercy on him agreed with him.
Allamah al-Sindhi al-Hanafi (d. 1138 AH) writes:
‘وَالْیَتِیمَۃُ’ یَدُلُّ عَلٰی جَوَازِ نِکَاحِ الْیَتِیمَۃِ بِالِاسْتِئْذَانِ قَبْلَ الْبُلُوغِ
“The word ‘yatimah’ (orphan girl) indicates the permissibility of marrying a girl who has not reached puberty with her permission.”
Objection to opposing marriage before puberty:
Some people present this verse to argue against the validity of marriage before puberty:
وَابْتَلُوا الْیَتَامٰی حَتّٰی إِذَا بَلَغُوا النِّکَاحَ فَإِنْ آنَسْتُمْ مِّنْہُمْ رُشْدًا فَادْفَعُوا إِلَیْہِمْ أَمْوَالَہُمْ
“Test the orphans until they reach marriageable age; if you perceive in them sound judgment, then hand over their property to them.”
They say that the word “nikah” in this verse means marriage, meaning that their wealth should not be given to them until they reach the age of marriage. Our answer, however, is that the word “nikah” in the Quran is used with various meanings, and here “nikah” means puberty, not marriage. As Allamah al-Zarkashi may Allah have mercy on him (d. 794 AH) and al-Hafiz al-Suyuti may Allah have mercy on him (d. 911 AH) write:
وَکُلُّ نِکَاحٍ فِیہِ تَزَوُّجٌ إِلَّا (حَتّٰی إِذَا بَلَغُوا النِّکَاحَ) فَہُوَ الْحُلُمُ
“In the Quran the word nikah is used for the marital bond, except in the saying of Allah: (حَتّٰی إِذَا بَلَغُوا النِّکَاحَ), where the word nikah means puberty.”
Apart from this, in the Quran, the hadith and the consensus of the Ummah, puberty is not a condition for marriage. This verse is also ambiguous (mujmal) in respect of their claim, and an interpretation according to one’s own wishes is not acceptable in the face of other explicit evidences, while the permissibility of marrying a girl who has not reached puberty exists in the Shariah.
The saying of Allah the Exalted:
وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْیَتَامٰی فَانْکِحُوا مَا طَابَ لَکُمْ مِّنَ النِّسَاءِ مَثْنٰی وَثُلَاثَ وَرُبَاعَ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَۃً أَوْ مَا مَلَکَتْ أَیْمَانُکُمْ ذَالِکَ أَدْنٰی أَلَّا تَعُولُوا
“If you fear that you will not be able to act justly with orphan girls, then marry those women who are pleasing to you, two, three, or four. If you fear that you will not be able to act justly among them, then marry only one, or [a woman] whom your right hands possess. That is the nearest way to avoid injustice.”
In the explanation of this verse, Allamah Ibn al-Humam al-Hanafi (d. 861 AH) writes:
مَنَعَ مِنْ نِکَاحِہِنَّ عِنْدَ خَوْفِ عَدَمِ الْعَدْلِ فِیہِنَّ، وَہٰذَا فَرْعُ جَوَازِ نِکَاحِہَا عِنْدَ عَدَمِ الْخَوْفِ…
“Allah the Exalted forbade men who would not act justly toward them from marrying orphan girls. This is evidence that when there is no fear of injustice, marriage is permissible. The saying of Sayyidah Aisha may Allah be pleased with her is also clear evidence that this verse was revealed concerning an orphan girl who is under the guardianship of her guardian.”
Hadith evidences
The narration of Sayyidah Aisha may Allah be pleased with her:
Sayyidah Aisha may Allah be pleased with her narrates:
إِنَّ النَّبِيَّ صَلَّی اللّٰہُ عَلَیْہِ وَسَلَّمَ تَزَوَّجَہَا وَہِيَ بِنْتُ سِتِّ سِنِینَ، وَأُدْخِلَتْ عَلَیْہِ وَہِيَ بِنْتُ تِسْعٍ، وَمَکَثَتْ عِنْدَہ، تِسْعًا
“My marriage to the Prophet ﷺ took place when I was a girl of six years; I was taken into his house at the age of nine, and I spent nine years with him.”
Also from Sayyida Aisha (may Allah be pleased with her):
إِنَّ النَّبِيَّ صَلَّی اللّٰہُ عَلَیْہِ وَسَلَّمَ تَزَوَّجَہَا وَہِيَ بِنْتُ سَبْعِ سِنِینَ، وَزُفَّتْ إِلَیْہِ وَہِيَ بِنْتُ تِسْعِ سِنِینَ، وَلُعَبُہَا مَعَہَا، وَمَاتَ عَنْہَا وَہِيَ بِنْتُ ثَمَانَ عَشْرَۃَ
“The Prophet ﷺ married me when I was seven years old, I was taken to him at the age of nine, and I brought my toys with me. Also, at the time of the Prophet’s ﷺ death I was eighteen years old.”
Similarly, in another narration, Sayyida Aisha (may Allah be pleased with her) says:
تَزَوَّجَہَا رَسُولُ اللّٰہِ صَلَّی اللّٰہُ عَلَیْہِ وَسَلَّمَ وَہِيَ بِنْتُ سِتٍّ، وَبَنٰی بِہَا وَہِيَ بِنْتُ تِسْعٍ، وَمَاتَ عَنْہَا وَہِيَ بِنْتُ ثَمَانَ عَشْرَۃَ
“At the time of her marriage to Rasulullah ﷺ, I was six years old; the marriage was consummated when I was nine years old, and at the time of his death I was eighteen years old.”
Allamah Ayni Hanafi (d. 855 AH) writes:
وَحَدِیثُ عَائِشَۃَ رَضِيَ اللّٰہُ تَعَالٰی عَنْہَا مَشْہُورٌ وَّقَرِیبٌ إِلَی التَّوَاتُرِ
“The hadith of Sayyida Aisha (may Allah be pleased with her) is famous to the extent of being close to mutawatir.”
Hafiz Nawawi (may Allah have mercy on him) (631-676 AH), commentator of Sahih Muslim, writes:
“In one narration Sayyida Aisha (may Allah be pleased with her) says that her age at the time of the marriage was seven years, while other narrations mention six. The way to reconcile the two narrations is that at the time of the marriage she had completed six years and was some months into her age. In one narration only the years were mentioned, and in the other this partial year was counted as a separate year, which she had entered. And Allah knows best!”
Hafiz Ibn Hajar (may Allah have mercy on him) (773-852 AH) says:
اَلصَّحِیحُ أَنَّ النَّبِيَّ صَلَّی اللّٰہُ عَلَیْہِ وَآلِہٖ وَسَلَّمَ تَزَوَّجَہَا وَہِيَ بِنْتُ سِتٍّ، وَقِیلَ: سَبْعٍ، وَیُجْمَعُ بِأَنَّہَا کَانَتْ أَکْمَلَتِ السَّادِسَۃَ وَدَخَلَتْ فِي السَّابِعَۃِ، وَدَخَلَ بِہَا وَہِيَ بِنْتُ تِسْعٍ
“The correct view is that the Prophet ﷺ married her when she was six years old, while according to another narration she was seven. The way to reconcile the two is that at the time of the marriage she had completed her sixth year and entered her seventh, and at the time of consummation she was nine years old.”
The event of the proposal and its acceptance:
Sayyida Aisha (may Allah be pleased with her) narrates:
لَمَّا تُوُفِّیَتْ خَدِیجَۃُ… أَرْسَلَنِي رَسُولُ اللّٰہِ صَلَّی اللّٰہُ عَلَیْہِ وَسَلَّمَ أَخْطِبُ عَلَیْہِ عَائِشَۃَ،… قَالَتْ: وَدِدْتُ انْتَظِرِي أَبَا بَکْرٍ،… أَبُو بَکْرٍ… فَقَالَ: ہَلْ تَصْلُحُ لَہ، وَإِنَّمَا ہِيَ بِنْتُ أَخِیہِ،… فَقَالَ: ارْجِعِي إِلَیْہِ فَقُولِي لَہ،: أَنْتَ أَخِي فِي الْإِسْلَامِ، وَأَنَا أَخُوکَ وَابْنَتُکَ تَصْلُحُ لِي،… وَأَنَا یَوْمَئِذٍ ابْنَۃُ سِتِّ سِنِینَ
“After the passing of Sayyida Khadijah al-Kubra (may Allah be pleased with her), during the Meccan period, Khawlah bint Hakim, the wife of Uthman bin Maz’un, said to the Prophet ﷺ: ‘O Messenger of Allah! Would you like to marry?’ He ﷺ said: ‘To whom?’ Khawlah replied: ‘If you wish, a virgin, or if you wish, a previously married woman.’ He ﷺ asked: ‘Who is the virgin?’ Khawlah replied: ‘Aisha, the daughter of Abu Bakr, who is beloved to you.’
… Then Khawlah went to the house of Abu Bakr (may Allah be pleased with him) and asked him for Aisha (may Allah be pleased with her) ‘s hand. Abu Bakr (may Allah be pleased with him) said: ‘She is the niece of the Prophet ﷺ; would this marriage be permissible?’ The Messenger of Allah ﷺ said: ‘We are brothers in Islam, and Aisha’s marriage is permissible for me.’ Then Abu Bakr (may Allah be pleased with him) married her to the Messenger of Allah ﷺ. At that time Sayyida Aisha (may Allah be pleased with her) was six years old.”
Imam al-Hakim (may Allah have mercy on him)
declared it “sahih according to the condition of Imam Muslim (may Allah have mercy on him) “, and Hafiz al-Dhahabi (may Allah have mercy on him) agreed with him. Hafiz Ibn Hajar (may Allah have mercy on him)
also called the chain of this hadith “hasan”.
✔Consensus of the Ummah
Hafiz Ibn al-Mundhir (may Allah have mercy on him) (242-319 AH) says:
أَجْمَعَ کُلُّ مَنْ نَّحْفَظُ عَنْہُ مِنْ أَہْلِ الْعِلْمِ، أَنَّ نِکَاحَ الْـأَبِ ابْنَتَہُ الْبِکْرَ الصَّغِیرَۃَ جَائِزٌ
“There is a consensus among all the reliable scholars we have knowledge of that a father may marry off his immature virgin daughter.”
Muhallab bin Ahmad bin Abi Sufrah al-Andalusi (d. 435 AH), commentator of Bukhari, writes:
أَجْمَعُوا أَنَّہ، یَجُوزُ لِلْـأَبِ تَزْوِیجُ ابْنَتِہِ الصَّغِیرَۃِ الْبِکْرِ وَلَوْ کَانَتْ لَا یُوطَأُ مِثْلُہَا
“There is a consensus of the scholars that it is permissible for a father to marry off his immature daughter, even if she is not fit for intercourse.”
Allamah Ibn Battal (may Allah have mercy on him) (d. 449 AH) says:
یَجُوزُ تَزْوِیجُ الصَّغِیرَۃِ بِالْکَبِیرِ إِجْمَاعًا وَّلَوْ کَانَتْ فِي الْمَہْدِ لَکِنْ لَا یُمَکَّنُ مِنْہَا حَتّٰی تَصْلُحَ لِلْوَطْءِ
“The marriage of an immature girl to an adult man is permissible by consensus, even if she is still in the cradle; however, consummation should be delayed until she becomes fit for intercourse.”
Hafiz Nawawi (may Allah have mercy on him) (631-676 AH) writes:
وَأَجْمَعَ الْمُسْلِمُونَ عَلٰی جَوَازِ تَزْوِیجِہِ ابْنَتَہُ الْبِکْرَ الصَّغِیرَۃَ لِھٰذَا الْحَدِیثِ
“According to this hadith, the Muslims have a consensus that marrying off an immature girl is permissible.”
The status of the consensus of the Ummah:
No proof is acceptable against the consensus of the Ummah, because it is based on truth. Truth can never oppose another truth. If someone objects that the fundamental purpose of marriage is the fulfilment of desire and the continuation of progeny, and that a marriage to an immature girl has neither of these purposes, then what is the benefit of such a marriage? Our answer is that the Shariah has permitted marriage to an immature girl, and with the passage of time the natural benefits of this marriage will also be obtained. It is not necessary that these benefits be obtained immediately at the time of the marriage. In any case, marriage is a righteous act.
The view of reason and transmission:
Both reason and transmission support that intercourse should take place when the girl becomes fit for it. The Shariah has provided for marriage before puberty, but some people place obstacles to marriage and impose various restrictions, not only before puberty but also after puberty. These restrictions have no rational or transmitted basis; rather, they are self-invented changes to the Shariah.
Benefits of early marriage:
Muslim parents should marry off their children early, so that they discharge their responsibility. Delaying marriage can lead to many problems and can prove harmful to human health. Therefore, it is better to marry early so that peace and prosperity are attained in life.
Summary
In summary, the issue of the permissibility of marrying an immature girl has been explained in the light of the Quran, hadith and the consensus of the Ummah, in which the marriage of an immature daughter by her father has been declared permissible.
