DiscussWorldIssues - Socio-Economic Religion and Political Uncensored Debate - View Single Post - Marriage of minor girls in Islam (4 Madhab)

**stoneeZef** · 06-06-2012, 06:28 PM

Minor according to the Madhab, Insha’Allah some Shaf’ae Ulamah are looking at this thread and will respond accordingly.

Hazrat I found this extract from the English translation of Umdat As Salik (Reliance of a Traveller). Even though the minimum age isn't directly mentioned, this might help I hope.

(1) The only guardians who may compel
their charge to marry are a virgin bride's father or
father's father, compel meaning to marry her to a
suitable match (def: m4 [look below] ) without her consent.

(2) Those who may not compel her are not
entitled to marry her to someone unless she
accepts and gives her permission.
Whenever the bride is a virgin, the father or
father's father may marry her to someone without
her permission, though it is recommended to ask
her permission if she has reached puberty. A virgin's
silence is considered as permission.

As for the nonvirgin of sound mind, no one
may marry her to another after she has reached
puberty without her express permission, no matter
whether the guardian is the father, father's
father, or someone else.

m3.15 No guardian may marry a woman to someone
who is not a suitable match (def: m4) without
her acceptance and the acceptance of all who can
be guardians (def: m3.7). If the Islamic magistrate
is her guardian, he may not under any circumstances
marry her to someone who is not a
suitable match for her.
If the bride selects a suitor who is not a suitable
match for her, the guardian is not obliged to
marry her to him. If she selects a suitable match
but her guardian chooses a different suitor who is
also a suitable match, then the man chosen by the
guardian takes precedence if the guardian is one
who may lawfully compel her to marry, while the one she selects takes precedence
when the guardian may not lawfully compel her to marry.

m4.0 A SUITABLE MATCH (KAFA'A)
(N: The definition of a suitable match should
not be misunderstood as a recommendation for
whom to marry. It is merely a legal restriction to
protect a woman's interests when the father or
grandfather of a virgin marry her to someone
without her consent (dis: m3.13,15). As for when
she wishes to marry someone who is not a suitable
match, and her guardian has no objection, there is
nothing wrong or offensive in her doing so.)

06-06-2012, 06:28 PM	#5
stoneeZef Join Date Oct 2005 Posts 478 Senior Member	Minor according to the Madhab, Insha’Allah some Shaf’ae Ulamah are looking at this thread and will respond accordingly. Hazrat I found this extract from the English translation of Umdat As Salik (Reliance of a Traveller). Even though the minimum age isn't directly mentioned, this might help I hope. (1) The only guardians who may compel their charge to marry are a virgin bride's father or father's father, compel meaning to marry her to a suitable match (def: m4 [look below] ) without her consent. (2) Those who may not compel her are not entitled to marry her to someone unless she accepts and gives her permission. Whenever the bride is a virgin, the father or father's father may marry her to someone without her permission, though it is recommended to ask her permission if she has reached puberty. A virgin's silence is considered as permission. As for the nonvirgin of sound mind, no one may marry her to another after she has reached puberty without her express permission, no matter whether the guardian is the father, father's father, or someone else. m3.15 No guardian may marry a woman to someone who is not a suitable match (def: m4) without her acceptance and the acceptance of all who can be guardians (def: m3.7). If the Islamic magistrate is her guardian, he may not under any circumstances marry her to someone who is not a suitable match for her. If the bride selects a suitor who is not a suitable match for her, the guardian is not obliged to marry her to him. If she selects a suitable match but her guardian chooses a different suitor who is also a suitable match, then the man chosen by the guardian takes precedence if the guardian is one who may lawfully compel her to marry, while the one she selects takes precedence when the guardian may not lawfully compel her to marry. m4.0 A SUITABLE MATCH (KAFA'A) (N: The definition of a suitable match should not be misunderstood as a recommendation for whom to marry. It is merely a legal restriction to protect a woman's interests when the father or grandfather of a virgin marry her to someone without her consent (dis: m3.13,15). As for when she wishes to marry someone who is not a suitable match, and her guardian has no objection, there is nothing wrong or offensive in her doing so.)
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