to a sixteen yearold girl, but the problem is that the new family law
that has been introduced in my country, Morocco, has raised the age of
marriage for both husband and wife to 18 years. However it is possible
to pay a bribe to the judge to allow marriage in this situation. What
is the Islamic ruling on this bribe?.
Praise be to Allaah.
Firstly:
There is nothing in sharee'ah to stipulate a particular age of
marriage for the man or woman. The scholars areunanimously agreed that
marriage of a minorgirl is permissible if her father gives her in
marriage to someone who is compatible.
With regard to an adult woman, it is not stipulated that her father
should give her inmarriage; rather any guardian may give her in
marriage. But it is stipulated that she should give her permission and
consent.
A female reaches adulthood when one of four things occur: reaching the
age of fifteen years, growth of pubic hair, emission of maniy (i.e.,
reaching climax) with desire whether awake or asleep, or menstruation.
The Qur'an and Sunnah indicate that marriage of a minor [a female who
has not yet reachedpuberty] is valid, and no particular age is
stipulated for that.
Ibn Qudaamah (may Allah have mercy on him) said: If a man gives his
virgin daughter in marriage to someone who is compatible, then the
marriage is valid. … With regard to a virgin who is a minor, there is
no difference of scholarly opinion concerning that. Ibn al-Mundhir
said: All the scholars from whom we acquired knowledge areunanimously
agreed that it is permissible for a father to give his minor daughter
in marriage, provided that he offer her in marriage to someone who is
compatible, even if she objects and refuses. The fact that it is
permissible to give a minor girl in marriage is indicated by the verse
in which Allah, may He be exalted, says (interpretation of the
meaning): "And those of your women as have passed the age of monthly
courses, for them the Iddah (prescribed period), if you have doubts
(about their periods), is three months, and for those who have no
courses ((i.e. they are still immature)…" [at-Talaaq 65:4]. So the
'iddah for one who has not started to menstruate is three months, and
the 'iddah of three months can onlybe required in the case of talaaq
(divorce) or annulment of marriage. This indicates that (the girl who
is a minor) may be married and divorced, and her consent is not
essential.
'Aa'ishah (may Allah be pleased with her) said: The Prophet (blessings
and peace of Allah be upon him) married me when I was six years old
and consummated the marriage with me when I was nine. Agreed upon.It
is known that at that age she would not be one of those whose
permission would be taken into account. al-Athram narrated that
Qudaamah ibn Maz'oon married the daughter of az-Zubayr when she began
to menstruate, and something was said to him. He said: If I die, the
daughter of az-Zubayr will inherit from me, and if I live, she will be
my wife. And 'Ali gave his daughter Umm Kalthoom in marriage when she
was a minor to 'Umar ibn al-Khattaab (may Allah be pleased with him).
End quote from al-Mughni, 7/30
Shaykh Ibn Baaz (may Allah have mercy on him) said, commenting on the
minimum legal age for marriage in some countries:
Praise be to Allah, and blessings and peace be upon the Messenger of
Allah. To proceed
The newspaper ar-Riyadh (issue no. 4974) published a reportentitled
"Family Law proposal in the Emirates", in which it stated that the
proposal is based on Islamic sharee'ah. In the article it says: "With
regard to marriage contracts, the law states that the boy should be no
younger than eighteen years and the girl should be no younger than
sixteen, and a penalty of no less than one thousand dirhams and no
more than five thousand is to be imposed on anyone who goes against
this law, so long as the court has not decided otherwise in cases
where preservation of honour and dignity is sought. It is also not
permitted for anyone who have passed the age of sixty years to marry
the without the permission of the court, especially if the age
difference between the two parties is greater than half the age of the
older of the two."
Because this is contrary to what Allah, may He beglorified and
exalted, has prescribed, I would like to point out the truth. There is
no upper or lower limit on the agefor marriage; this is indicated by
the Qur'an and Sunnah.
The Qur'an and Sunnah encourage marriage without stipulating a
particular age. Allah, may He be exalted, says (interpretation of the
meaning):
"They ask your legal instruction concerning women, say: Allah
instructs you about them, and about what is recited unto you in the
Book concerning the orphan girls whom you give not the prescribed
portions (as regards Mahr and inheritance) and yet whom you desire to
marry"
[an-Nisa' 4:124].
So it is permissible to marry an orphan girl, who is one who has not
yet reached the age of puberty; her maximum age is fifteen years
according to the more correct opinion, although she may reach puberty
before that. The Prophet (blessings and peace of Allah be upon him)
said: "The orphan girl should be asked for permission with regard to
her marriage; if she remains silent, that is her permission, but if
she refuses then it is not permissible to force her into marriage."
The Prophet (blessings and peace of Allah be upon him) married
'Aa'ishah (may Allah be pleased with her) when she was six or seven
years old and consummated the marriage with her whenshe was nine, and
his actions are legislation for this ummah. The Sahaabah (may Allah be
pleased with them) also married women when they were minors and when
they were adults, without specifying any particular age. So no one has
the right to introduce laws other than those which were prescribed by
Allah and His Messenger, or to change the laws that were prescribed by
Allahand His Messenger, because those laws are sufficient. Whoever
thinks otherwise has wronged himself and has introduced laws for the
people for which Allah has not given permission. And Allah, may He be
glorified and exalted, says, criticising this kind of people
(interpretation of the meaning):
"Or have they partners with Allah (false gods), who have instituted
for them a religion which Allah has not allowed?"
[ash-Shoora 42:21].
And the Prophet (blessings and peace of Allah be upon him) said:
"Whoever introduces into this matter of ours anything that is not part
of it will have it rejected." Agreed upon. According to a version
narrated by Muslim: "Whoever introduces an action that is not part of
this matter of ours will have it rejected." Al-Bukhaari narrated it in
a mu'allaq report.
I remind those who are doing this thing of the words of Allah
(interpretation of the meaning):
"And let those who oppose the Messengers (Muhammad SAW) commandment
(i.e. his Sunnah legal ways, orders, acts of worship, statements,
etc.) (amongthe sects) beware, lest some Fitnah (disbelief, trials,
afflictions, earthquakes, killing, overpowered by a tyrant, etc.)
befall them or a painful torment be inflicted on them"
[an-Noor 24:63].
Whatever befalls a nation or individuals of trials, blocking people
from the path of Allah, epidemics, wars, or other calamities, the
cause of that is what people have done of things that are contrary to
the laws of Allah, as He says (interpretation of the meaning):
"And whatever of misfortune befalls you, itis because of what your
hands have earned. And He pardons much"
[ash-Shoora 42:30].
Allah, may He be glorified and exalted, has described what befell some
past nations of punishment and doom because of their going against His
command. Let those whoare wise pay heed and learn from that.
It is not sufficient to claim to be following Islamic sharee'ah when
there are things that go against it. Allah, may He be glorified and
exalted,criticised the Jews for doing that when He said
(interpretation of the meaning):
"Then do you believe in a part of the Scripture and reject the rest?
Thenwhat is the recompense of those who do so among you, except
disgrace in the life of this world, and on the Day of Resurrection
they shall be consigned to themost grievous torment. And Allah is not
unawareof what you do"
[al-Baqarah 2:85].
I also remind the scholars to fear Allah, may He be glorified and
exalted, and to do what is enjoined upon them of offering sincere
advice to those who are in authority by explaining the truth, urging
them to follow it and warning them against disobeying it. Allah, may
He be exalted,says (interpretation of the meaning):
"O mankind! Fear your Lord (by keeping your duty to Him and avoiding
all evil), and fear a Day when no father can avail aught for his son,
nor a son avail aught for his father. Verily, the Promise of Allah is
true, let not then this (worldly) present life deceive you, nor let
the chief deceiver (Satan) deceive you about Allah"
[Luqmaan 31:33].
May Allah help us all to speak the truth, accept itand act upon it;
may He unite the Muslims in guidance and ruling in accordance with His
law in all things, for He is able to do that. May Allah send blessings
and peace upon our Prophet Muhammad and his family and Companions.
End quote from Majmoo'Fataawa ash-Shaykh Ibn Baaz, 4/125
Thus it is clear that limiting the age for marriage is something that
is contrary to sharee'ah, so there is no obligation to obey it.
If the state wants to protect girls from being exploited by their
guardians and being married to husbands they do not want, then
itshould follow the more correct of the two opinions about asking for
the consent of a virgin girl; this opinion states that her consent isa
condition of marriage. This is the view of Abu Haneefah (may Allah
have mercy on him). Andif a girl's guardian gives her in marriage
without her consent, then she has the right of annulment.
Secondly:
Based on the above, there is nothing wrong with you marrying this
girl, on condition that she and her guardian both give consent. If
thatcannot be done except by giving some money to the judge, that is
permissible.
In the answer to question no. 87688 , we stated that it is permissible
to give a bribe if one cannot get one's rights otherwise; in that case
it is haraam for the taker but not for the giver.
And Allah knows best.
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