Child Marriage in Islam: Puberty and Nikah Validity

❀ Ruling on Child Marriage and the Condition of Puberty in Sharīʿah ❀​


Source: Ahkam wa Masail, Nikah ke Masail, Vol. 1, Page 318


❖ Question​


If a girl is married off during her childhood, is such a marriage valid in Sharīʿah or not? Is puberty (bulūgh) a condition for the validity of nikah?


❖ Answer​


Al-ḥamdu lillāh, waṣ-ṣalātu waṣ-salāmu ʿalā Rasūlillāh, Ammā Baʿd!


A girl’s marriage in childhood is considered valid in Sharīʿah, on the condition that all the essential pillars and requirements of nikah — apart from her reaching puberty — are properly fulfilled.


That means: if the wali’s consent, ījāb wa qubūl (offer and acceptance), witnesses, and other Sharʿi conditions are met, then the nikah of a minor girl is valid according to Sharīʿah.


ھذا ما عندي والله أعلم بالصواب
 
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