The Sharʿi Ruling on Marriage in Minority and Rejection After Puberty
Source: Fatāwā Rāshidiyyah, p. 446
❀ Question
What do the scholars of Islam say regarding the case where a man married off his daughter during her minority (childhood), but later that man (the father) passed away. Now, when the girl has reached puberty, she does not accept her husband. Will this marriage remain valid or not?
❀ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
This marriage will no longer remain valid, because once the girl reaches puberty, she has the right to either uphold the marriage that was arranged before her maturity or to reject it.
As is evident from the following ḥadīth:
"عن ابن عباس رضى الله عنه أن جارية بكر أتت النبى صلى الله عليه وسلم فذكرت أن أبها زوجها وهى كارهة فخيرها رسول الله صلى الله عليه وسلم.”
(رواه أحمد وأبو داود وابن ماجه)
From this blessed ḥadīth, it becomes clear that a marriage conducted during minority without the girl’s consent is not binding, and upon reaching puberty, she has full authority either to maintain or annul that marriage.
Since in this case the girl has refused to accept the marriage arranged during her minority, the marriage will not be considered valid and will be regarded as terminated.
ھذا ما عندی واللہ اعلم بالصواب
