[Noxassope]

What are the rulings of all 4 Madhabs in this regard?

1. Is there a minimum required age limit for a girl to get married? Or is the age irrelevant and its down to her ability to engage in a sexual intercourse?
2. What is the legal framework and limitations of her consent?
   
   1. What happens if a minor wants to marry and her parents don't want to?
   2. What happens if the parents want her to marry but the minor doesn't?
3. What legal recourse does she have if her consent has been overwritten?

Please state the Madhab when responding so we can collate the responses.

[Noxassope]

The opinion of Maliki, Hanbali & Hanafi Madhab are being investigated so opinions from Shaf’ae Madhab would be much appreciated.

[stoneeZef]

Hazrat the minor in the OP post, is it defined as <i>

[Noxassope]

[quote]Hazrat the minor in the OP post, is it defined as <i>

[stoneeZef]

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.)

[Gymngatagaica]

اَلسَّلَامُ عَلَيْكُمْ وَرَحْمَةُ اللهِ وَبَرَكَا تُهُ

As far as I know, a girl can get married at any age so long as she has the permission of her legal guardian. Marriage without the consent of her guardian will be considered if she has past puberty, yet she should not do this.

If she is married without consent before puberty, then as soon as she hits puberty she has the choice to continue with the marriage or annul the marriage, and if she is married without consent after puberty, the marriage is not considered.

All of the above is what I think is correct according to the Hanafi madh-hab, but please do not take my word for it alone. Wait for confirmation from an 'Aalim.

[Noxassope]

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.)

Will collate the responses in a single post when we get all the replies.

[occurrini]

Child marriage is permissible. There is no difference of opinion on this from at least the four main schools of thought, Hanafī, Shafi’ī, Mālikī, and Hambalī. Yes, there are rules that govern child marriage to preserve and protect the interest of the child. http://daruliftaa.net/General-Islamic/ageayesha.html

[stoneeZef]

http://daruliftaa.net/General-Islamic/ageayesha.html

Hazrat.

Also for others who want to know the usual age that girls were married of in other cultures around the world , through out history can take a look at the attached pdf. Its only in the past 50-60 odd years the age of marriage have been raised.

http://www.sunniforum.com/forum/atta...6&d=1317924732

[Hankie]

اَلسَّلَامُ عَلَيْكُمْ وَرَحْمَةُ اللهِ وَبَرَكَا تُهُ

As far as I know, a girl can get married at any age so long as she has the permission of her legal guardian. Marriage without the consent of her guardian will be considered if she has past puberty, yet she should not do this.

If she is married without consent before puberty, then as soon as she hits puberty she has the choice to continue with the marriage or annul the marriage, and if she is married without consent after puberty, the marriage is not considered.

All of the above is what I think is correct according to the Hanafi madh-hab, but please do not take my word for it alone. Wait for confirmation from an 'Aalim.

That's what I remember having read as well..
This means that theorically two 1-year old children may have their nikah performed by their respective parents and then, once EDIT they reach puberty, they'll have the choice whether to continue it or refuse it.
Also, it should be reminded that there is a difference between the age in which a nikah is performed (which can be any age), and the age in which the nikah is EDIT consummated (which depends on puberty/sexual maturity).
The best known example is that of Hadrat Ayshah, who was married when 6 years old and went to live with Rasulillah at 9 years old.

[Gymngatagaica]

السلام عليكم و رحمة الله و بركاته

he'll have the choice whether to continue it or refuse it.
Also, it should be reminded that there is a difference between the age in which a nikah is performed (which can be any age), and the age in which the nikah is consumed (which depends on puberty/sexual maturity).
The best known example is that of Hadrat Ayshah, who was married when 6 years old and went to live with Rasulillah at 9 years old.

As far as I know, they'll both have the option of retracting from the marriage. Also, I do think the correct word is consummated, rather than consumed. Sorry for nit-picking!

[Hankie]

السلام عليكم و رحمة الله و بركاته



As far as I know, they'll both have the option of retracting from the marriage.

! I had initially written the post doing the example of a single person than changed to mean both bride and groom but forgot to change the "he" to "they" in the second part of the sentence.

Also, I do think the correct word is consummated, rather than consumed. Sorry for nit-picking!

Nothing to be sorry, you did me a favour!
It's me being sorry for my bad english and lack of attention.. : D

[enteltcheft]

Hazrat.

Also for others who want to know the usual age that girls were married of in other cultures around the world , through out history can take a look at the attached pdf. Its only in the past 50-60 odd years the age of marriage have been raised.

http://www.sunniforum.com/forum/atta...6&d=1317924732

Firstly, JazakAllah khayr to the respected brother for starting this thread because it is an important topic.

Secondly, what I am about to say is purely my own opinion, so please feel free to rip into me, correct me and admonish me. I am always learning.

I sincerely believes marriage of children to old men shouldn't be allowed. The proof is often cited to be the age of our beloved Messenger salallahu alayhi wassalam, and our honourable, loving mother amma Aisha radhialla'anha. However, I do believe this is an exception, or at least we could deduce some rules from this marriage.

My main issue is an old man is too old by the time the girl reaches the age of consummation, it would be (I believe) an injustice for her to live with such a person taking into account inter alia, the sexual potential of the man through the blossoming years of the girl which will surely diminish.

If we were, as I have previously indicated to, deduce rulings from the blessed and pure marriage, then we would have to analyse some details. For instance, weknow the blessed body of the Messenger sallalahu walyhi wassalam was that of a 30 year old, or of a man at his physical peak, a heavenly body. The blessed semen of the Messenger salalahu alayhi wassalam was very thick (indicated from ahadith related by amma Aisha radhia'alla'anhu regarding her peeling the white marks off their clothes). From this we understand they salallahu alayhi wassalam were incredibly fit and sexually/physically stronger than all men. Thus issues of satisfaction etc are never an issue. Furthermore, a look into the psychology of both amma Aisha radhialla'anhu and the Messenger sallalahu alayhi wassalam, shows keen aptitude and understanding (on the part of our mother) and an intricate and delicate pyschological treatment of our blessed mother.

I do believe these points should be taken into account of very old men and they should be barred if they cannot match or at least come reasonably close to the physical and mental criterion of our master sallalahu alayhi wassalam.

All men should be barred on account of their psychology as well, although, how or what the precise rules would be is a massive moot point.

May Allah subhanhu wata'ala forgive me if I remarked erroneously, surely man errs.

Your valuable thoughts on this would be most appreciable.

[SoorgoBardy]

Innaillaah wa inna ileyhi raji3oun.

[Hankie]

Innaillaah wa inna ileyhi raji3oun.

Idil_: Venting "Islamic sentences" of astonishment in response to elements of Islam itself.
Since 2009.