puberty, she is allowed to be married - regardless of whether she is
9, 11, 15 etc Does the law take into consideration her emotional and
mental readiness to be married, despite the physical abilityto be able
to bear children? It disturbs me that young girls who pass puberty are
automatically believed to be whole-heartedly ready for marriage and
motherhoodJUST because she is physically able to do so. Isnt it
equally important that she is emotionally and mentality ready for this
role?
Also - does Islamic Law also state that if a boy passes puberty
(regardlessof his age), he is ALSO allowed to be married?.
Praise be to Allaah.
Firstly:
It is permissible for a man to arrange a marriage for his young son
even if he has not reached puberty; it is also permissible for him to
arrange a marriagefor his young daughter even if she had not reached
the age of puberty. It was narrated that there was consensus on this
point, but that is provided that compatibility is taken into account
and that a clear and real interest is served by this marriage.
Ibn 'Abd al-Barr (may Allahhave mercy on him) said:
The scholars are unanimously agreed that the father may arrange a
marriage for his young daughter without consulting her. The Messenger
of Allah (blessings and peace of Allah be upon him) married 'Aa'ishah
when she was six years old.
End quote from at-Tamheed, 19/98
Ismaa'eel ibn Ishaaq (may Allah have mercy on him) said:
The father may arrange a marriage for a young (daughter) according to
the consensus of the Muslims, and that is binding on her.
End quote from at-Tamheed, 19/84
Ibn Shubrumah disagreed with that, as we shall see below.
Secondly:
It is not prescribed to arrange a marriage for a young girl unless
there is aclear and real interest to be served by doing so. Thesame
applies to young boys, but the ruling is emphasized more with regard
to girls because a boy has the power of divorce (talaaq).
An-Nawawi (may Allah have mercy on him) said:
It should be noted that ash-Shaafa'i and his companions said: It is
recommended for the father or grandfather not to arrange a marriage
for a virgin until she reaches the age of puberty and he seeks her
consent, lest she find herself trapped in a marriage that she resents.
What they said is not contrary to the hadeeth of'Aa'ishah, because
what they meant is that he should not give her in marriage before
puberty ifthere is no clear and real interest to be served by that for
which there is the fear that it will be missed by delaying marriage,
suchas the story of 'Aa'ishah. Inthat case (i.e., if there is a clear
and real interest to be served) it is recommended not to miss the
opportunity to marry that husband, because the father is enjoined to
take care of his children's interests, not to neglect them.
End quote from Sharh Muslim, 9/206
Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) was of the view
that in the case of a girl who has reached the age of nine years it is
stipulated that she give consent and he said: This is the view
favoured by Shaykh al-Islam Ibn Taymiyah, and this is the correct
view.
With regard to the girl who is younger than the age of nine years, he
favoured the view that thefather does not have the right to arrange a
marriage. He narrated from Ibn Shubrumah (mayAllah have mercy on him)
that he said: It is not permissible to arrange a marriage for a young
girl who has not reached the age of puberty, because if we say that
that is subject to her consent, her consent does not count (because
she is too young to make such decisions), and when she does reach the
age of puberty we believe that she should not be forced into a
marriage. The Shaykh said:This view is the correct one, that the
father shouldnot arrange a marriage forhis daughter until she reaches
the age of puberty, and when she reaches the age of pubertyhe should
not arrange a marriage unless she gives her consent.
But if we assume that a man regards this suitor as compatible and he
is old, and there is the fear that ifhe passes away and guardianship
of the girl passes to her brothers, they may not take the matter of
her marriage seriously and they may arrange her marriage according to
their whims and desires, not according to what is in her best
interests, and he thinks that it is in her best interests to arrange
her marriage to someone whois compatible, there is nothing wrong with
that, but she will have the choice when she grows up; if she wishes
she may say: I do not agree to this and I do not want it.
If the matter is like this, then the safest option is not to arrange
her marriage and to entrust her to Allah, may He be glorified and
exalted.
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