Marriage of a Minor Girl: Qur’anic, Hadith, and Ijma-Based Evidences

Original Article by: Shaykh Ghulam Mustafa Zaheer Ameenpuri ḥafiẓahullāh
Revised with structured headings and formatting for clarity

❖ Legality of a Minor Girl's Marriage​

A young girl who has not yet reached puberty may be married off by her father. This ruling is supported by Qur’anic verses, authentic Hadiths, and the consensus (Ijma) of the Ummah.

✔ Qur’anic Evidences​

✦ Surah al-Ṭalāq (65:4)​

(وَاللَّائِي لَمْ یَحِضْنَ...)

This verse refers to the waiting period (ʿiddah) of three categories of women:
① Elderly women who no longer menstruate
② Girls who have not yet begun menstruation (i.e., prepubescent)
③ Pregnant women

The mention of ʿiddah for girls who haven't menstruated implies that they were legitimately married and divorced, thus confirming the permissibility of marriage for prepubescent girls.

Imām al-Bukhārī also used this verse under the chapter:

"Chapter: A man giving his minor children in marriage"
(Ṣaḥīḥ al-Bukhārī before ḥadīth 5133)

✦ Surah al-Nisā’ (4:127)​

This verse highlights justice for orphan girls who are desired for marriage yet denied their full mahr. It shows the legitimacy of marrying young orphan girls under guardianship, reinforcing that their marriage is valid.

❖ Scholarly Commentary​

• Ibn Ḥajar al-ʿAsqalānī: The use of the term "ولد" (children) in al-Bukhārī's chapter heading includes both boys and girls, supporting minor girls’ marriage by their fathers. (Fatḥ al-Bārī: 9/190)
• Ibn Qayyim al-Jawziyyah: The Prophet ﷺ’s judgment that orphan girls should be consulted proves marriage before puberty is valid. (Zād al-Maʿād: 5/91)

✔ Hadith Evidences​

• ʿĀʾishah رضي الله عنها:
  
  “The Prophet ﷺ married me when I was six years old, and consummated the marriage when I was nine.”
  (Ṣaḥīḥ al-Bukhārī: 5133, Ṣaḥīḥ Muslim: 1922/71-72)
  
  
• These narrations are reported with such frequency and authenticity that scholars like al-ʿAynī, al-Nawawī, and Ibn Ḥajar consider them nearly mutawātir or beyond dispute.
  

❖ Marriage Consent and the Near-Puberty Girl​

In a narration from ʿAbdullāh ibn ʿUmar, the Prophet ﷺ ruled that a near-pubescent orphan girl must give her consent, indicating her age permits discernment.

(Musnad Aḥmad: 2/130, Sunan al-Dāraqutnī: 3/230 – Authentic)

❖ Defining "Yatīmah" (Orphan Girl)​

The term “yatīmah” refers to a girl whose father has died and who has not yet reached puberty. Once she reaches puberty, she is no longer a yatīmah in the legal sense. This is backed by authentic reports and linguistic definitions.

❖ Misconceptions Regarding "Nisāʾ" in the Qur'an​

The term "نساء" in the Qur'an can refer to both mature and immature females, as evident from:

• Al-Baqarah: 49
• Al-Nisā’: 22-23

Thus, the interpretation that restricts "nisāʾ" to adult women is incorrect.

❖ Interpretation of Surah al-Nisā’ (4:6)​

The phrase (حتی إذا بلغوا النكاح) refers to puberty (ḥulm), not marriage. This is confirmed by major scholars such as al-Zarkashī and al-Suyūṭī, showing that this verse doesn’t negate the permissibility of prepubescent marriage.

✔ Ijmaʿ (Consensus of the Ummah)​

• Ibn al-Mundhir: All scholars agree that a father may marry off his minor daughter.
  (Al-Mughnī: 7/379)
• Ibn Baṭṭāl & al-Nawawī: There is unanimous agreement on the validity of marrying minor girls, though consummation is delayed until physically appropriate.
  (Fatḥ al-Bārī: 9/124, Sharḥ al-Nawawī: 9/206)

❖ Benefits of Early Marriage​

Early marriage helps fulfill religious obligations, protect from societal harm, and safeguard moral values. While consummation occurs later, the legal framework for marriage may be established earlier with conditions ensuring the girl’s welfare.

❖ Summary​

The permissibility of marrying a minor girl through her father is firmly established in the Qur'an, authentic Sunnah, and scholarly consensus. The condition remains that consummation must occur only when she is physically capable. This practice, grounded in Shariah, is often misunderstood or distorted. It is the duty of scholars and parents to follow the balanced teachings of Islam in such sensitive matters.