Prepubuscent brides and the option of annulment Fatwa No: 228913
- Fatwa Date:10-12-2013
Assalamu alaikum I would also like to know when a young girl who is married reaches puberty will she first have the option of divorce before consummation, then if she agrees to the marriage the husband can consummate the marriage?
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. The jurists have differed in opinion over the issue of a father marrying off his underage daughter to a suitable and competent man, whether or not she has the option of annulling the marriage after reaching puberty. Some of them hold that she has the option of annulment. However, other jurists hold that she does not have the option of annulment. Ibn ‘Abdul-Barr said: “The scholars agree that a father has the right to marry off his underage daughter and not consult her as the Prophet was married to ‘Aa’ishah when she was six years old. However, the scholars of Iraq said that she has the option when she reached puberty, while the scholars of Hijaaz opposed them in this. Those who say that she has the option do not have evidence for this in my view…” Anyway, the majority of scholars who hold that the marriage contract with a young girl is valid are of the view that it is desirable for her father to wait until she reaches puberty to seek her permission. An-Nawawi said: “Ash-Shaafi’i and the scholars of his school said that it is recommended for the father or grandfather not to marry off his virgin daughter until she reaches puberty and then seek her permission so that he would not put her in the marriage bond against her will. What they said does not contradict the Hadeeth about ‘Aa’ishah because what they meant is that he should not marry her off before she reaches puberty if delaying marriage means losing out what is more advantageous, like the Hadeeth about ‘Aa’ishah. In that case, it is recommended to give her in marriage, as the father is commanded to seek the interests of his children. He should not then miss it.” [End of quote] According to the view that she has the choice, whether being obligatory or recommended, then if she approves it, her husband has the right to consummate the marriage. Allaah Knows best.