Excerpted from: Aḥkām wa Masā’il – In the Light of Qur’an and Sunnah
Author: Shaykh Mubashar Ahmad Rabbani
A man married off his daughter in childhood. Is such a marriage valid? And if it is, does the girl have the right to annul the marriage after attaining puberty?
Upon reflecting over the Qur’an and Sunnah, it becomes clear that:
Allah Almighty says:
﴿ وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِن نِسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَ ﴾
[Surah at-Ṭalāq: 4]
Translation:
“As for your women who have despaired of menstruation — if you are in doubt — their waiting period is three months, and the same applies to those who have not menstruated (yet).”
Imām al-Bukhārī included this verse in his Ṣaḥīḥ under the chapter:
"باب إنكاح الرجل ولده الصغار"
“The chapter: A man marrying off his minor children.”
He mentioned this verse along with the ḥadīth of Sayyidah ʿĀ’ishah رضي الله عنها, who said that the Prophet ﷺ married her when she was six years old.
The verse refers to the waiting period (ʿiddah) of women who are either:
Clearly, ʿiddah is only applicable after a valid marriage and divorce, and not outside it. As the Prophet ﷺ said:
“There is no divorce for that which one does not possess.”
[Ibn Mājah: 1181, Abū Dāwūd: 2190]
Hence, this confirms that a girl who has not yet menstruated (a minor) can be validly married, which is further reinforced by the concept of ʿiddah after divorce.
Allah says:
﴿ وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَى فَانكِحُوا... ﴾
[Surah an-Nisā’: 3]
Translation:
“If you fear that you will not be just with the orphans, then marry women who are lawful to you — two, three, or four...”
This verse addresses guardians of orphans and implies that:
Thus, it is even more permissible for a father to marry off his minor daughter.
Imām al-Ālūsī, in his Tafsīr Rūḥ al-Maʿānī, wrote:
“This verse proves the permissibility of marrying off young orphan girls under guardianship. However, if the girl, upon reaching puberty, does not wish to remain in that marriage, she has the right to annul it.”
Sayyidunā ʿAbdullāh ibn ʿAbbās رضي الله عنهما narrated:
A virgin girl came to the Prophet ﷺ and said that her father married her off, while she disliked the marriage.
So the Prophet ﷺ granted her the right of choice (khiyār).
[Abū Dāwūd: 3306, Ibn Mājah: 1874]
✔ A father can validly marry off his minor daughter,
✔ Upon reaching puberty, the girl has the right to accept or reject that marriage,
✔ If she accepts, no new contract is required.
✔ If she refuses, she can request annulment (fasakh), and it will be granted to her.
For further detail, refer to the Fatāwā of Mawlānā Shams al-Ḥaqq ʿAẓīmābādī رحمه الله.
Author: Shaykh Mubashar Ahmad Rabbani
❖ Question:
A man married off his daughter in childhood. Is such a marriage valid? And if it is, does the girl have the right to annul the marriage after attaining puberty?
❖ Answer:
Upon reflecting over the Qur’an and Sunnah, it becomes clear that:
- Such a marriage is valid,
- If the girl, after reaching puberty, is pleased with the marriage, there is no need for renewal of the nikāḥ,
- However, if she refuses to accept the marriage after becoming mature, she has the right to annul it (fasakh).
✦ Evidence from the Qur’an
Allah Almighty says:
﴿ وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِن نِسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَ ﴾
[Surah at-Ṭalāq: 4]
Translation:
“As for your women who have despaired of menstruation — if you are in doubt — their waiting period is three months, and the same applies to those who have not menstruated (yet).”
Imām al-Bukhārī included this verse in his Ṣaḥīḥ under the chapter:
"باب إنكاح الرجل ولده الصغار"
“The chapter: A man marrying off his minor children.”
He mentioned this verse along with the ḥadīth of Sayyidah ʿĀ’ishah رضي الله عنها, who said that the Prophet ﷺ married her when she was six years old.
The verse refers to the waiting period (ʿiddah) of women who are either:
- Past menstruation age, or
- Have not yet started menstruation, i.e., young girls.
Clearly, ʿiddah is only applicable after a valid marriage and divorce, and not outside it. As the Prophet ﷺ said:
“There is no divorce for that which one does not possess.”
[Ibn Mājah: 1181, Abū Dāwūd: 2190]
Hence, this confirms that a girl who has not yet menstruated (a minor) can be validly married, which is further reinforced by the concept of ʿiddah after divorce.
✦ Another Verse of the Qur’an
Allah says:
﴿ وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَى فَانكِحُوا... ﴾
[Surah an-Nisā’: 3]
Translation:
“If you fear that you will not be just with the orphans, then marry women who are lawful to you — two, three, or four...”
This verse addresses guardians of orphans and implies that:
- If they fear injustice, they may marry other women,
- However, if justice can be ensured, then they may marry the orphan girls under their care — even if they are minors.
Thus, it is even more permissible for a father to marry off his minor daughter.
Imām al-Ālūsī, in his Tafsīr Rūḥ al-Maʿānī, wrote:
“This verse proves the permissibility of marrying off young orphan girls under guardianship. However, if the girl, upon reaching puberty, does not wish to remain in that marriage, she has the right to annul it.”
✦ Prophetic Evidence
Sayyidunā ʿAbdullāh ibn ʿAbbās رضي الله عنهما narrated:
A virgin girl came to the Prophet ﷺ and said that her father married her off, while she disliked the marriage.
So the Prophet ﷺ granted her the right of choice (khiyār).
[Abū Dāwūd: 3306, Ibn Mājah: 1874]
❖ Summary
✔ A father can validly marry off his minor daughter,
✔ Upon reaching puberty, the girl has the right to accept or reject that marriage,
✔ If she accepts, no new contract is required.
✔ If she refuses, she can request annulment (fasakh), and it will be granted to her.
For further detail, refer to the Fatāwā of Mawlānā Shams al-Ḥaqq ʿAẓīmābādī رحمه الله.
