Ruling on Marrying Off a Minor Girl

Authored by: Shaykh Mubashar Ahmad Rabbani (حفظہ اللہ)

Question​

Is it permissible to marry off a minor girl, and does she have the right to annul the marriage after reaching puberty?

Answer​

Abu Hurairah (رضي الله عنه) narrated that the Messenger of Allah (ﷺ) said:

"A previously married woman should not be married without her consent, and a virgin should not be married without her permission."

People asked, "O Messenger of Allah, what is her permission?" He said, "Her silence."
(Sunan Abu Dawood, Kitab al-Nikah, Hadith 2092)

From this Hadith, it is understood that a marriage involving a virgin who has reached puberty requires her explicit consent. However, in the case of a minor girl, consent is not sought due to her young age. Instead, her guardian (wali) has the right to arrange her marriage. After attaining puberty, the girl has the option to annul the marriage if she so wishes.

Ibn Abbas (رضي الله عنهما) narrated:

"A virgin girl came to the Prophet (ﷺ) and mentioned that her father had married her off against her will, so the Prophet (ﷺ) gave her the choice (to annul the marriage)."

(Sunan Abu Dawood, Kitab al-Nikah, Hadith 2096)

Scholarly Opinions on Forced Marriage​

Allama Ahsan Dahlavi writes:

"This Hadith indicates that it is prohibited for a father to force his virgin daughter into marriage. For other guardians, such compulsion is even more prohibited."

(Tanqih al-Ruwat, Vol. 3, Pg. 10)
This clearly establishes that forcing a virgin girl into marriage, whether by her father or any other guardian, is not permissible.

Key Points​

1. Marriage of a Minor Girl:
   
   • A guardian (wali) may arrange the marriage of a minor girl.
   • Consent is not required at the time of marriage due to her age.
2. Right to Annul Marriage:
   
   • After reaching puberty, the girl has the right to annul the marriage if she is dissatisfied.
   • The annulment can be pursued through an Islamic judicial system to ensure proper arbitration and avoid conflicts.
3. Prohibition of Coercion:
   
   • Parents or guardians are prohibited from forcing a girl, whether minor or adult, into a marriage she disapproves of.

Conclusion​

Islam grants a girl who was married off in her childhood the right to annul the marriage upon reaching puberty if she does not consent to it. This ensures that her rights and preferences are protected. For annulment, she can approach a Shari'ah court for a fair resolution.