❀ Ruling on Marriage in Childhood and Annulment After Maturity ❀
Source: Fatāwā Rāshidiyyah, Page 436
Question
What do the scholars of Islam say regarding this matter: ʿAmr and Zayd are brothers. ʿAmr’s daughter and Zayd’s son were both minors, and during their childhood they were married. Now the girl has reached maturity, while the boy is still a minor. Both sides agree to annul this marriage and marry the girl elsewhere. Is this permissible or not?
✔ Answer
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
It should be understood that in this matter, the authority and right once held by the father have ended. Now, if the girl — whose marriage was contracted in childhood — wishes to annul the marriage after reaching maturity, then this is permissible.
As established in the following ḥadīth:
((عن ابن عباس رضى الله عنه أن جارية بكر أتت النبى صلى الله عليه وسلم فذكرت أن أباها زوجها وهى كارهة فخيرهارسول الله صلى الله عليه وسلم.))
Narrated by Aḥmad, Abū Dāwūd, and Ibn Mājah
“Ibn ʿAbbās رضي الله عنه narrated that a virgin girl came to the Prophet ﷺ and said that her father had married her against her will. The Messenger of Allah ﷺ gave her the choice (to remain in or annul the marriage).”
Hadhā mā ʿindī, wallāhu aʿlam bis-ṣawāb.
