I’ll start this channel by going through what the madhhabs say in regards to guardians marrying off a girl and how they should be protected if they are to be married off by their guardian and safe from being harmed, as this principle refutes any claim that we can consummate with children, because it is not possible to consummate with a child while not harming her either mentally, or physically.
Then I will be showing the tafaseer as to what puberty is in Islam, and showing the scholars saying it is preferred not to marry off younger girls because they may dislike the marriage they’re in. Then I will be speaking about the marriage between Aisha رضي الله عنها and The Prophet ﷺ.
The madhhabs differ on who has the right to marry off minors:
- Malikiyyah and Hanabilah: Only the father, his appointed guardian or the ruler can marry minors. They argue these individuals have the child’s best interests at heart. Their evidence includes hadiths about orphans needing consent, which restrict this right to the father.
- Hanafiyyah: The father, grandfather, and other male relatives can marry minors. Abu Hanifah allowed even female relatives (like the mother or aunt) if no male relatives exist. They rely on general Quran verses that instruct guardians to arrange marriages.
- Shafiʿiyyah: Only the father and grandfather can marry minors. They rely on hadiths that explicitly mention the father and analogize the grandfather due to his similar role.
All madhhabs agree on the importance of compatibility (kafa’ah) and a proper mehr to protect minors. The Shafiʿiyyah added extra conditions, like the absence of enmity and avoiding harmful marriages.
Translation: The Malikiyyah and Hanabilah said: No one other than the father, his appointed guardian (wasiyy), or the ruler (hakam) is allowed to marry off minors.
(Al-Qawanin al-Fiqhiyyah by Ibn Juzayy, p. 196; al-Sharh al-Saghir by Ahmad al-Dardir, vol. 2, p. 252, 256 and beyond; al-Mughni by Ibn Qudamah, vol. 9, p. 276 and beyond; Kashshaf al-Qina’ by al-Buhuti, vol. 5, p. 13-47)
This is because the father has compassion and genuine concern for achieving the best interests of his child. The ruler and the father’s appointed guardian (wasiyy) are like the father in this regard because no one else is tasked with managing the wealth of minors or looking after their interests. This is supported by the statement of the Prophet: “The orphan girl is consulted about herself, and if she remains silent, her silence is her consent (due to her shyness, she doesn’t verbally communicate consent but she if she shows disapproval of the marriage it can be annulled — Bukhari 5138 & Sunan Abi dawud 2096) . But if she refuses, no authority applies over her.” (Sunan Abu Dawud, Sunan al-Nasa’i).
It is also narrated from Ibn ‘Umar (d. 73 AH) that Qudamah ibn Maz’un married the daughter of his brother ‘Uthman ibn Maz’un (d. 2 AH) to Ibn ‘Umar, and this matter was raised to the Prophet, who said: “She is an orphan, and she cannot be married except with her permission” (Musnad Ahmad, Sunan al-Darqutni).
The term “orphan” refers to a minor whose father has passed away, as indicated by the hadith: “There is no orphanhood after puberty” (Sunan Abu Dawud). This implies that the father alone holds the authority to marry off minors. The Hanafiyyah said: It is permissible for the father, grandfather, and other male relatives (‘asabah) to marry off a minor boy or girl, based on the verse: “If you fear that you will not deal justly with the orphans…” (Qur’an 4:3). This verse refers to marrying off orphan girls, instructing guardians to ensure justice in their marriages (Bada’i’ al-Sana’i’ by al-Kasani, vol. 2, p. 240; al-Mabsut by al-Sarakhsi, vol. 4, p. 213 and beyond).
Abu Hanifah (d. 150 AH), in one narration, allowed even non-agnate relatives, such as the mother, sister, or maternal aunt, to marry off minors if no agnates were present. His evidence is the general meaning of the verse: “Marry the unmarried among you…” (Qur’an 24:32), which does not distinguish between agnates and others (Bada’i’ al-Sana’i’ by al-Kasani, vol. 2, p. 240; al-Mabsut by al-Sarakhsi, vol. 4, p. 213 and beyond).
The Shafi’iyyah said: No one except the father and grandfather may marry off a minor boy or girl. This is supported by the narration in Sunan al-Darqutni: “The widow has more right over herself than her guardian, and the virgin is married off by her father” (Sunan al-Darqutni). Also, in Sahih Muslim: “The virgin is consulted, and her father marries her off” (Sahih Muslim). The grandfather is equated to the father in the absence of the latter, as he shares the same guardianship (wilayah) and kinship.
The Malikiyyah argued: The principle is that minors should not be married off, but an exception was made for the father due to the narrations specific to him. This leaves others under the original ruling (al-Qawanin al-Fiqhiyyah by Ibn Juzayy, p. 196). The Hanabilah believed the narrations are restricted to the father. The Shafi’iyyah used the narrations as evidence but extended the ruling to the grandfather through analogy (qiyas). The Hanafiyyah relied on the general Qur’anic verses that command guardians to marry off orphans or arrange their marriages (Bada’i’ al-Sana’i’ by al-Kasani, vol. 2, p. 240; al-Mabsut by al-Sarakhsi, vol. 4, p. 213 and beyond).
Abu Yusuf and Muhammad al-Shaybani of the Hanafiyyah stipulated that the marriage of minors must meet the conditions of compatibility (kafa’ah) and a suitable dowry (mahr al-mithl), as guardianship exists for the child’s benefit, and there is no benefit in a marriage without compatibility or a proper dowry (Bada’i’ al-Sana’i’ by al-Kasani, vol. 2, p. 240; al-Mabsut by al-Sarakhsi, vol. 4, p. 213 and beyond).
The Shafi’iyyah also required seven conditions for the father to marry off a minor or an adult woman without her consent: 1. There must be no apparent enmity between the father and the daughter. 2. He must marry her to someone compatible (kafa’ah). 3. The marriage must be with a dowry equivalent to the norm (mahr al-mithl). 4. The dowry must be paid in the local currency. 5. The husband must not be incapable of paying the dowry. 6. The husband must not be someone whose companionship would cause harm, such as a blind man or an extremely elderly man (Mughni al-Muhtaj by al-Khatib al-Shirbini, vol. 3, p. 147 and p. 169)
Fiqh Islam wa Adillatuhu (7/180-182)
Ibn Kathir mentions the signs of puberty in jurisprudence. Scholars agree that puberty marks the end of childhood and the beginning of accountability. The signs include:
- Wet Dream (Ihtilam): A clear sign of puberty.
- Age of Fifteen: Based on Abdullah ibn Umar’s narration, some scholars set fifteen as the dividing age between childhood and adulthood.
- Appearance of Hair Around Private Area: Scholars differed on whether this is a definitive sign. Some argued it only applies to non-Muslim boys to expedite the jizyah process, while others considered it universal.
The hadith of Atiyyah al-Quradhi, where the Prophet ﷺ ruled based on the presence of pubic hair, supports the idea that this is a natural sign shared by all. Scholars also say that the accountability of actions begins with puberty, as show by various narrations where the pen is “lifted” from children until they mature.
Translation: Allah’s statement: “And test the orphans…” (Qur’an 4:6). Ibn Abbas, Mujahid (d. 104 AH), al-Hasan (d. 110 AH), al-Suddi (d. 127 AH), and Muqatil ibn Hayyan (d. 150 AH) said: This means to test them until they reach the age of marriage. Mujahid explained this to mean puberty.
The majority of scholars said that the signs of puberty for a boy include having a wet dream, which is when he sees in his sleep that fluid has been released from him, the same fluid from which offspring is produced.
Abu Dawud narrated in his Sunan from Amir al-Mu’minin Ali ibn Abi Talib (may Allah be pleased with him) who said: “I memorized from the Messenger of Allah: There is no orphanhood after puberty, and there is no silence fasting from morning to evening.” In another hadith narrated from Aisha and other Companions, may Allah be pleased with them, the Prophet said: The pen is lifted from three: from the child until he reaches puberty, from the sleeper until he awakens, and from the insane until he regains his sanity.
Some scholars added that puberty is also marked by reaching the age of fifteen years. They derived this from the authentic narration in Sahih al-Bukhari and Sahih Muslim by Abdullah ibn Umar who said: “I was presented to the Prophet on the Day of Uhud when I was fourteen years old, but he did not permit me (to fight). Then, I was presented to him on the Day of the Trench when I was fifteen, and he permitted me.”
When Amir al-Mu’minin Umar ibn Abd al-Aziz (d. 101 AH) heard this hadith, he said: “This is the distinction between a minor and an adult.”
There was disagreement regarding the appearance of pubic hair indicates puberty or not.
There are three opinions on this matter. The third opinion differentiates between Muslim boys, for whom it does not indicate puberty (due to the possibility of manipulation), and non-Muslim boys, for whom it is considered puberty, as it hastens the imposition of jizyah on them, and they would have no reason to manipulate it.
The correct opinion is that it is a sign of puberty for everyone, as this is a natural matter shared by all people, and the possibility of manipulation is far-fetched.
This is further confirmed by the hadith narrated by Imam Ahmad in his Musnad from Atiyyah al-Quradhi, may Allah be pleased with him, who said: “We were presented before the Messenger of Allah on the Day of Banu Qurayza. Whoever had grown hair (around the private area) was killed, and whoever had not was let go.
I was among those who had not grown hair, so I was let go.” This narration was also recorded in the Sunan of the Four Imams (Abu Dawud, al-Tirmidhi, al-Nasa’i, Ibn Majah) with similar wording. Al-Tirmidhi said: “It is hasan sahih.” This happened because Sa’d ibn Mu’adh, may Allah be pleased with him, had ruled that their fighters be killed and their women and children be taken as captives.
Imam Abu Ubayd al-Qasim ibn Salam (d. 224 AH), in his book Gharib al-Hadith, said: “Ibn Ulayyah narrated to us from Ismail ibn Umayyah, from Muhammad ibn Yahya ibn Hayyan, from Umar: A boy slandered a female slave by claiming to have had relations with her. Umar, may Allah be pleased with him, said: ‘Examine him,’ and it was found that he had not grown hair, so Umar refrained from imposing the hadd (punishment) on him.
Abu Ubayd explained that ib’tahara means to slander her, and ib’tihar refers to someone falsely claiming to have committed an act. If he is truthful, it is called ibtihar.” In his poetry, al-Kumayt said: It is disgraceful for someone like me to be described as slandering a girl, Whether through falsehood or truth.
Tafsir Ibn Kathir (2/215-216) (Surah Nisa :6)
Shayk Ibn Uthaymeen explains the ruling on marrying off young girls and the necessity of seeking consent. He says that forcing a woman into marriage contradicts teachings of Islam and rational thought. For an adult virgin, her consent is required. For a girl who has reached nine years of age, consent is also necessary because, at this age, she begins to understand marriage.
This view aligns with Shaykh al-Islam Ibn Taymiyyah. For girls younger than nine, their consent is not valid because they do not comprehend marriage. Scholars differ on whether a father can marry them off at this age.
Some say it is permissible based on the hadith of Aisha, but Ibn Shubrumah argued against it, saying that if an adult woman cannot be coerced, then a young girl should not be forced either.
Shayk Ibn Uthaymeen cautions off marrying off young girls and says fathers should wait until their daughters are mature and capable of giving informed consent. In cases where the father fears for his daughter’s well-being after his death, marrying her off to a suitable suitor is permissible, but the girl retains the right to annul the marriage upon maturity. However, avoiding such marriages is generally better, as Allah may provide better outcomes later.
Translation: How can she be forced to marry someone with whom she will experience hardship from the beginning of the contract until separation? Forcing a woman into marriage is contrary to the transmitted text and rational thought.
If someone says: “The Prophet’s statement, ‘Her consent must be sought,’ shows that a woman has a say in the matter. Thus, let us not make this ruling specific to minors. Let us say that an adult woman cannot be forced, but a minor can.”
We respond: What benefit does a minor gain from marriage? Is this not a matter of handling her private affairs in a way that she does not understand? Let us wait until she comprehends the benefits of marriage and understands what marriage entails. Then, and only then, should she be married off, as it is her interest at stake.
Therefore, the correct opinion is that the consent of an adult virgin is necessary. As for a non-adult, meaning a girl who has reached the age of nine, is her consent required or not? The correct view is that her consent is also necessary. This is because, by the age of nine, a girl begins to feel physical desires and understands the idea of marriage. Thus, her consent must be sought. This is the position of Shaykh al-Islam Ibn Taymiyyah (d. 728 AH), may Allah have mercy on him, and it is the truth.
As for a girl younger than nine, is her consent considered valid? Scholars say that the consent of someone younger than nine is not valid because she does not understand marriage. She might consent without understanding or refuse without knowing. Thus, her consent is not taken into account.
However, is it permissible for her father to marry her off in this state? We say: The basic principle is that it is not permissible, as the Prophet said: “A virgin must not be married until her permission is sought.” Since this girl is a virgin, we do not marry her off until she reaches an age where she can give informed consent, and then her permission is sought.
However, some scholars mentioned a consensus that the father has the right to marry her off, using the hadith of Aisha, may Allah be pleased with her, as evidence. We have previously clarified the distinction.
Ibn Shubrumah, a well-known jurist, said: “It is not permissible to marry off a minor girl who has not reached maturity under any circumstances. If we require consent, her consent is invalid, and if we reject coercion for an adult woman, then it is even more appropriate to reject coercion for a minor girl.” This opinion is correct: that a father cannot marry off his daughter until she reaches maturity, and even then, he cannot marry her off without her consent.
However, if we assume that a man finds a suitable suitor who is of good character but advanced in age, and the father fears that if he passes away, the girl will fall under the guardianship of her brothers, who might act carelessly and marry her off according to their desires rather than her best interests, then if the father believes it is in her best interest to marry this suitable suitor, it is permissible.
However, she will have the option to annul the marriage when she grows up. If she wishes, she can say: “I do not agree with this and do not want him.” If this is the case, it is better to avoid marrying her off and leave the matter to Allah, Glorified and Exalted.
Perhaps what the father currently sees as a suitable suitor may change over time, or Allah may provide her with a better suitor when she reaches maturity. All matters are in the hands of Allah, Glorified and Exalted. This principle should be applied in one’s speech and actions.
Whenever there is a choice between safety and risk, safety should be chosen. It was narrated that Imam Ahmad (d. 241 AH), may Allah have mercy on him, would not prefer anything over safety. This might have been derived from the saying of the Prophet: “Whoever believes in Allah and the Last Day should speak good or remain silent.” This means that if one cannot discern good in their words, their duty is to remain silent.
Experience shows that many people regret words they have spoken, saying: “I wish I had not said that.” If those words had remained in his heart, he would have had control over them. He could have restrained himself and waited until he was certain that speaking was necessary. Then, and only then, could he have spoken.
The same applies to actions. If a person faces a choice between doing something or refraining, and they cannot clearly determine that taking action is better, it is preferable to wait and proceed cautiously until matters become clear. How beautiful is the state of someone who applies this principle! They will find great peace and comfort in doing so.
Al-Sharh Al-Mumti’ Ala Zaad al-Mustaqni By Shayk Ibn Uthaymeen (12/57-59)
The later hanabila said that consent is required for a virgin girl to be married off and this is the stronger opinion
Translation: There is another narration: It is not permissible to marry off a nine-year-old girl without her permission. Al-Sharif Abu Ja’far (d. 463 AH) stated: This is what is explicitly mentioned by Imam Ahmad (d. 241 AH), may Allah have mercy on him. Al-Zarkashi (d. 772 AH) said: “This is the more apparent opinion.”
Abu Bakr (likely Abu Bakr al-Khallal, d. 311 AH) and Shaykh Taqi al-Din (Ibn Taymiyyah, d. 728 AH), may Allah have mercy on them both, preferred the opinion that a nine-year-old girl, whether virgin (bikr) or previously married (thayyib), cannot be forced into marriage.
It was stated in the narration of ‘Abdullah (the son of Imam Ahmad): “If the girl reaches nine years of age, neither her father nor anyone else can marry her off except with her permission.”
Some later scholars of the madhhab said: “This is the stronger opinion.”
Al-Insaf fi ma’rifat al-rayih min al-jilaf ‘ala madhab Al-Imam Ahmad By Al Mardawi (d.885AH) (8/54-55)
The hadith of the prophet ﷺ recorded in Muwatta Imam Malik, Sunan Ad Daraqutni, Musnad Ahmad, saying we should not cause harm one another is enough to rely on when it comes to this matter because if somebody was to consummate with a young girl today it would cause them either physical or mental harm or even both.
It also refutes the claim that women/children can be abused sexually.
Ibn Hazm says that neither fathers nor others can marry off a boy before he reaches puberty, and if it happens, the marriage is void. Al Ayni says a marriage without consummation if she is too young to be consummated with or she lacked desire or has a physical condition.
The case of Sawdah, one of the Prophet’s wives, supports this view, as she expressed a lack of desire for men, yet her marriage was valid.
Translation: Ibn Hazm (d. 456 AH) said: “It is not permissible for the father or anyone else to marry off a young boy until he reaches puberty. If it is done, the marriage is always void, and this opinion was chosen by some scholars.
This also provides evidence for the permissibility of a marriage in which there is no consummation due to a reason related to one of the spouses being too young, a physical condition, or lack of desire for intercourse. Instead, the marriage may be for good companionship, mutual support in life, and sharing responsibilities, such as providing for needs or offering service. This opposes the view of those who say that a marriage without consummation is not permissible.
This is supported by the hadith of Sawdah (bint Zam’ah, wife of the Prophet, peace be upon him) and her statement: “I have no desire for men.”
Umdat al-Qārī Sharh Şahih al-Bukhārī by Al Ayni (20/178)
Critics infer from the above that there being a waiting period for girls who “have not yet menstruated” indicates that it is permissible to engage in sexual relations with prepubescent girls. However, this is an invalid conclusion because it neglects the different types of marriages and maturities in Sharia.
Case in point, the fact that a girl had not yet reached first menstrual cycle was only evidence that she had yet to manifest the usual signs pertaining to legal majority—not that she was physically immature.
A girl could technically still be considered mature based on other physical features, such as her biological age. This explanation of the verse 65:4 refers to girls who reach maturity not through menstruation but by reaching a specific age.
Scholars differ on this age, Abu Hanifah and Malik set it at 17, while others say it is 15 years.
Translation: The statement of Allah, the Exalted: “And those who have not menstruated” (Surah al-Talaq, 65:4) refers to a girl who has not reached maturity through menstruation but instead through age.
According to the opinions of Imam Abu Hanifah (d. 150 AH) and Imam Malik (d. 179 AH), maturity is reached at the age of seventeen, while according to other scholars, it is reached at fifteen years.
Fath Al Qadir by Ibn Al Humam (4/250)
Translation: If it’s not possible to engage in sexual intercourse with her due to her being too young and unable to bear it, or if she has an illness or weakness that prevents her from having intercourse, she should be given time until she becomes capable.
At Tahdheeb Fi Fiqh Al Al Imam Shafi’i by Ishaq Al Shirazi (5/521)
Imam Ahmad ibn Hanbal (d. 241 AH) says that if a girl reaches nine years of age, she is generally capable of fulfilling marital duties, based on the Prophet ﷺ‘a marriage to Aisha رضي الله عنها.
However, Al Qadi says this is not a strict rule, and readiness depends on the individual girl’s condition.
If the girl is not capable of fulfilling marital responsibilities, her family is not obligated to deliver her to her husband. If the husband refuses to take her under such circumstances, he is not required to provide for her. This seeks to prevent harm and ensure the wellbeing of girls.
Translation: Imam Ahmad ibn Hanbal said in the narration of Abu al-Harith: “In the case of a young girl whose husband seeks her, if she reaches nine years of age, she is handed over to him. Her guardians are not allowed to withhold her from consummation after she reaches nine.” He referred to the example of the Prophet (peace and blessings be upon him) who consummated his marriage with Aisha (may Allah be pleased with her) when she was nine years old.
Al-Qadi commented: “This, in my opinion, is not an absolute rule, but rather reflects the general reality that a girl of nine years is typically capable of fulfilling marital obligations. However, if she is not fit for such responsibilities, her family is not required to hand her over to her husband, even if he says he will take care for her and provide for her.
This is because he does not have the right to marital intimacy with her if she is not capable, and there is a risk that he might harm her unintentionally by overstepping her physical limits.”
Al Mughni By Ibn Qudamah (10/169)
Imam Malik (d. 179 AH) رحمه الله says if the victim of rape is a free woman, the rapist must pay the dowry of one comparable to her in status. If the victim is a slave, the aggressor must pay the difference in her value due to the assault.
Punishment is imposed solely upon the aggressor; the woman who was forced is not punished in any way. If the aggressor is a slave, his master is liable for the payment unless he chooses to hand over the slave.
The master’s liability is limited to either handing over the slave or paying the financial penalty.
Translation: Yahya said: I heard Malik say: The matter according to us regarding a man who forces himself upon a woman-whether she is a virgin or not-is that if she is a free woman, he must pay the dowry of one similar to her. If she is a slave, he must pay for the decrease in her value.
The punishment in that is upon the aggressor (in a version of Musannaf it says, “the one who forced”), and there is no punishment upon the one who was forced. If the aggressor is a slave, the payment is a liability (ghurm) upon his master-unless the master chooses to hand him over-and no more than that.
Muwatta Imam Malik (3/1541)
Imam Ash-Shafi’i was asked if a man is required to spend time with his wife and have regular intercourse with her. He explained that while a man should fear Allah and avoid harming his wife by neglecting her needs, there is no specific obligation for regular intercourse.
However, a husband must provide for his wife’s basic needs, including financial support, housing, clothing, and spending time with her at night. Intercourse is viewed as an act of mutual pleasure, and no one can be forced into it.
Translation: Imam Ash-Shafi’i was asked questions about a man’s responsibility to spend time with his wife or wives, and specifically whether he is required to have intercourse with her at regular intervals.
He answered: Likewise, if he has only one wife or an additional concubine with whom he has intercourse, he is commanded to fear Allah Almighty and to not harm her in regards to intercourse, although nothing specific is obligated upon him.
He is only obligated to provide what benefits her such as financial maintenance, residence, clothing, and spending the night with her. As for intercourse, its position is one of pleasure and no one cannot be forced into it (la yujbaru ahadun ‘alayhi).
Kitab al-Umm By Imam Ash Shafi’i (6/482)
Scholars agree that if a person is forced into an act, they are not punished. In cases of rape, if there is clear evidence or a confession, the rapist receives the prescribed punishment. If there is no evidence, the punishment still falls on the rapist.
The victim is not punished if it is proven that she was forced and called for help, as shown by her cries or other evidence of resistance.
Translation: 32083 – The scholars have unanimously agreed that the one compelled is not punished, while the rapist receives the prescribed punishment if clear evidence or confession exists. If not, then the punishment is upon the rapist.
There is no punishment for her if it is confirmed that she was compelled and cried out, and this is known by her screaming.
Al-Istidhkar li Madhhab Ulama Al-Amsar By ibn Abdul-Barr al-Namri al-Andalusi (22/125)
An Nawawi says if the husband having intercourse with his wife would harm her then he should refrain from doing it, and if the husband was to ever harm her during intercourse and she says she has not healed he must refrain until she says she is healed because she’s more knowledgable of her own condition
Translation: If it is possible for him to have intercourse with her without harming her, then he is permitted to do so. However, if intercourse with her would harm her, then he is not allowed to have intercourse with her.” If intercourse causes her harm then he he must abstain from intercourse until she is healed.
If there is a disagreement where the husband claims that she has heals and intercourse would not harm her, while the wife claims that she has not healed, her statement is given priority with an oath, as she has more knowledge of her own condition.
Al-Majmū’ Sharh al-Muhadhab by An Nawawi (16/409)
Two good videos from brothers explaining the marriage of Aisha (Allah be pleased with her)
The prophet’s marriage with Aisha was done peacefully, no force or fright was within her when she was entrusted to the Prophet
‘A’isha (Allah be pleased with her) reported: Allah’s Messenger (ﷺ) married me when I was six years old, and I was admitted to his house at the age of nine. She further said: We went to Medina and I had an attack of fever for a month, and my hair had come down to the earlobes. Umm Ruman (my mother) came to me and I was at that time on a swing along with my playmates.
She called me loudly and I went to her and I did not know what she had wanted of me. She took hold of my hand and took me to the door, and I was saying: Ha, ha (as if I was gasping), until the agitation of my heart was over.
She took me to a house, where had gathered the women of the Ansar. They all blessed me and wished me good luck and said: May you have share in good. She (my mother) entrusted me to them. They washed my head and embellished me and nothing frightened me.
Allah’s Messenger (may peace be upon him) came there in the morning, and I was entrusted to him. (Sahih Muslim 1422a)
An Nawawi discusses the permissibility of a father marrying off his minor daughter without her consent, based on the hadith of Aisha (رضي الله عنها), where the Prophet (ﷺ) married her at six or seven years old and consummated the marriage when she was nine.
He explains that this is a matter of consensus among Muslim scholars regarding the father’s authority to marry off his virgin minor daughter, as she is not yet capable of giving consent. The same ruling applies to the grandfather. An Nawawi mentions differing opinions among scholars regarding other guardians (non-father or grandfather).
The majority, including Imam Ash-Shafiʿi, Malik, and others, say that such guardians cannot marry off a minor girl, and if they do, the marriage is invalid. However, scholars like Abu Hanifa and al-Awzaʿi allow other guardians to do so, but the girl has the right to annul the marriage upon reaching maturity.
An Nawawi also mentions the recommendation from Imam Ash-Shafiʿi and his companions that the father or grandfather should avoid marrying off a virgin minor until she matures and can give her consent unless there is a clear benefit, such as fear of harm from delaying her marriage.
This recommendation does not contradict the hadith of Aisha because her marriage served a specific benefit. Regarding the time of consummation, al-Nawawi explains that it depends on the girl’s physical capability. Scholars like Malik, al-Shafiʿi, and Abu Hanifa say there is no fixed age; rather, it depends on the individual girl’s ability to handle marital relations. An Nawawi clearly saying it cannot harm the girl refutes any claim of rape.
You can’t consummate with a minor without causing harm. Some, like Ahmad and Abu ʿUbayd, suggest nine years as a general threshold for consummation but not earlier. An-Nawawi concludes that there is no specific restriction in the hadith of Aisha to set a fixed age for consummation, and it ultimately depends on the girl’s physical readiness.
Translation: There is a hadith of Aisha (may Allah be pleased with her), in which she said: “The Messenger of Allah (peace and blessings be upon him) married me when I was six years old, and consummated the marriage with me when I was nine years old.”
In another narration: “He married her when she was seven years old.” This hadith is clear evidence that a father can marry off his young daughter without her consent, as she has no ability to give consent. The grandfather is treated the same as the father in this matter according to our view. In the previous chapter, the differences of opinion on the requirement of a wali (guardian) were discussed in detail.
The consensus among Muslims is that it is permissible for a father to marry off his daughter, based on this hadith.
When she reaches maturity, she does not have the right of option (to annul the marriage) according to Imam Malik (d. 179 AH), al-Shafi’i (d. 204 AH), and other jurists of Hijaz. However, the scholars of Iraq say that she has the right of option when she reaches maturity. As for guardians other than the father and grandfather, al-Shafi’i, al-Thawri (d. 161 AH), Malik, Ibn Abi Layla (d. 148 AH), Ahmad (d. 241 AH), Abu Thawr (d. 240 AH), Abu ‘Ubayd (d. 224 AH), and the majority of scholars say that such guardians cannot marry her off.
If they do, the marriage is invalid. On the other hand, al-Awza’i (d. 157 AH), Abu Hanifa (d. 150 AH), and others among the early scholars permit all guardians to marry her off, and the marriage is valid, but she has the right of option when she reaches maturity, except according to Abu Yusuf (d. 182 AH), who said she does not have the right of option.
The majority of scholars agree that a non-relative executor (non relative who is named in the will, wasiy ajnabi), cannot marry her off. However, Shurayh (d. 78 AH), ‘Urwah (d. 94 AH), and Hammad (d. 120 AH) allowed such an executor to marry her off before she reaches maturity. This was also reported by al-Khattabi (d. 388 AH) as a view of Malik.
Know that al-Shafi’i and his companions said it is recommended that the father and grandfather do not marry off a virgin daughter until she reaches maturity and gives her consent.
This is to avoid placing her in the bond of marriage while she may not be ready. What they said does not contradict the hadith of Aisha because they mean that a girl should not be married off before maturity unless there is a clear benefit, such as fearing that delaying the marriage might harm her, as was the case with Aisha.
It is recommended to achieve this benefit, as the father is responsible for the welfare of his child and must not neglect it. And Allah knows best. As for the time of consummating the marriage with a minor who has been married off, if the husband and guardian agree on when she is able to consummate and it does not harm the girl, then it can be done.
If they disagree, Ahmad (d. 241 AH) and Abu ‘Ubayd (d. 224 AH) said that she should consummate the marriage at nine years of age, but not before that. (later hanabila opinion is above, the hanbali view changing shows this is not fixed for all times)
Imam Malik, al-Shafi’i, and Abu Hanifa said the condition is that she must be physically able to have marital relations, which varies from person to person and cannot be fixed by an age. This is the correct opinion.
There is no specific ruling in the hadith of Aisha that sets a fixed age or prohibits consummation before nine years of age if she is capable, nor does it permit consummation after nine if she is not capable. Dawudi (d. 402 AH) said that Aisha had grown to a good stage of physical development (maturity).
Sharh Sahih Muslim By An Nawawi (9/206)
Some scholars said that if an orphan girl is married off before she reaches maturity, the marriage is not final until she grows up and chooses to accept or reject it.
Others said she cannot be married off at all until she matures, and she does not have the option to cancel the marriage (as the man does, but she can still seek khula with a shari’i reason for divorce)
Translation: Abu Hurairah narrated that: The Messenger of Allah said: “An orphan is to be consulted about herself, then if she is silent that is her permission, and if she refuses, then do not authorise it (the marriage) for her” (meaning: when she attains the age of puberty and refuses it.)
The hadith of Abu Hurairah is a hasan (good) hadith.
The people of knowledge have differed regarding the marriage of an orphan girl. Some of them held that if an orphan girl is married off, then the marriage remains suspended until she reaches the age of maturity. When she reaches maturity, she has the choice to either approve the marriage or annul it. This was the view of some of the Tabi’un and others.
Some of them said that it is not permissible to marry off an orphan girl until she reaches the age of maturity, and there is no option of choice in marriage. This was the view of Sufyan al-Thawri, al-Shafi’i, and others among the people of knowledge.
Jami’ At Tirmidhi (2/402-403) Tirmidhi 1109
These two hadiths in Sunan An Nasai prove that Aisha (رضي الله عنه) had a choice when it came to her marriage with The Prophet (ﷺ).
This refutes any claim of Aisha رضي الله عنها being coerced or forced into the marriage when he advised her to consult her parents on if she wants to stay married to him or leave.
Al Bayhaqi presents some reports about the age at which girls reach maturity and the societal recognition of puberty. He narrates from Imam Ash-Shafiʿi and others, to show that it was not uncommon for girls in certain regions, like Tihamah and Yemen, to begin menstruating as early as nine years old and even give birth by ten. These accounts demonstrate the biological capability of young girls in those times to enter womanhood and take on marital responsibilities at an early age.
The statement from Aisha (رضي الله عنها) reinforces this idea, as she equates the onset of menstruation at nine years old with reaching womanhood. A point to mention for those who argue against their marriage is why did nobody before 1800s ever condemn their marriage if this was supposed to be something that is problematic, why didn’t the earliest critics of Islam ever make mention of how it was immoral for the Prophet ﷺ to marry Aisha رضي الله عنها at the age of 9?
The mushrikeen of quraysh never used this as an argument, the jews of medina didn’t, christians like John of Damascus didn’t, the Manichaeans (Persians) also didn’t. This argument only came to light late 1900s at the earliest.
It is only recent history that has started to have an age criteria for marriage&consummation. Not only that even when it comes to the age of consent differs depending on the country you’re in the earliest age of marriage is 12 and the oldest being 21.
https://worldpopulationreview.com/country-rankings/age-of-consent-by-country
If there is no define age of consent worldwide why is it a problem for there not to be one within Islam, even in christianity or judaism we don’t find any evidence of an “age of consent” rather it’s individually based upon whether the girl is mentally and physically ready.
Even though scholars do not mention these words verbatim it’s understood through the principle of not harming your wife, we can say that mental and physical maturity is needed today.
Translation: Imam Abu Abdullah al-Hafiz granted me permission to narrate from him, from Abu al-Abbas al-Asamm, from al-Rabi’, from Imam Ash-Shafi’i (d. 204 AH), who said: “The earliest I have heard of women menstruating is the women of Tihamah, who begin menstruation at nine years old.”
1531-Imam Ash-Shafi’i, who said: “I saw in Sana’a a grandmother who was 21 years old.
She began menstruating at nine years old, gave birth at ten years old, and her daughter also began menstruating at nine years old and gave birth at ten years old.” It is mentioned from al-Hasan ibn Salih (d. 169 AH) that he said: “I knew a neighbor of ours who became a grandmother at 21 years old.”
It is also mentioned from al-Mughira al-Dabbi that he said: “I reached puberty when I was twelve years old.”
We have narrated from Aisha (may Allah be pleased with her) that she said: “When a girl reaches nine years of age, she is a woman.”
his means, as Allah knows best, that if she menstruates, she is considered a woman.
Sunan Al Kubra By Al Bayhaqi (1/476)
Thomas Aquinas (ca. 1225–1274). The prominent figure of thirteenth-century Europe in the two preeminent sciences of the era, philosophy and theology, he epitomizes the scholastic approach of the newly founded universities.
Like Dante or Michelangelo, Aquinas takes inspiration from antiquity, especially Aristotle, and builds something entirely new. Viewed through a theological lens, Aquinas has often been seen as the summit of the Christian tradition that runs back to Augustine and the early Church.
Viewed as a philosopher, he is a foundational figure of modern thought, who here in his book says you can marry a 7 year old. But will the christians who object and mock the marriage between Aisha رضي الله عنها and The Prophet ﷺ, call Thomas Aquinas a pedophile?!? If not then they have no room to make such filthy comments towards the prophet ﷺ, Or will they call Moses عليه السلام a pedophile because he took young girls for himself in Numbers 31:17-18.
A cope christians may bring regarding this matter is that Moses took them to protect them, if this is the case then why do we see many passages in the bible of children being ordered to be unalived by Yahweh, like in 1 Samuel 15:3 where Yahweh tells his followers to annihilate the Amalekites including babies and children, or 2 Kings 2:23-24 where children were unalived for mocking Elisha for being bald. Or in Ezekiel 9:5-7 where God instructs his people to unalive young males and females, same with Jeremiah 51:20-36, and Deuteronomy 21:18-21.
We also see many commentaries stating that these girls were kept to become wives (In The Post On Numbers 31:18)
Its either the people who attribute disgusting things to our prophet ﷺ are consistent with their claims and say Moses and Thomas Aquinas are pdf files or they can admit to the criteria of not causing harm to the girl and if consummation can take place in marriage without harm it would be permissible to do so regardless of age.
As again Age of consent is a new concept from 1800s in England.
Some may argue that Aisha رضي الله عنها wasn’t 6/7 when she got married and 9 when she consummated, because Hisham Bin Urwa is in the chain of most of the hadiths that state so. Imam al-Dhahabi considers Hisham bin Urwah a highly respected scholar, and a hujjah (authoritative), and Shaykh al-Islam.
He acknowledges Hisham’s immense contribution to hadith, but he says that his memory became poorer in his later years. Ad Dhahabi refutes the claim made by Abu al-Hasan ibn al-Qattan that Hisham experienced ikhtilat (confusion or mixing of narrations). Instead, Ad- Dhahabi clarifies that while Hisham forgot some narrations and made errors in his old age in Kufa, this does not invalidate his status as a trustworthy narrator.
The hadith about Aisha’s marriage at six and consummation at nine was transmitted by Hisham during his time in Iraq, where his narrations faced scrutiny due to his declining memory.
However, the narration is considered authentic by the majority of hadith scholars, as it appears in Bukhari and Muslim. I will be showing scholars agreeing upon her age and none of the narrations people can bring of Asma being 10 years older are authentic.
Translation: Hisham bin Urwah was a major scholar of hadith. However, his memory declined in his later years, though he was never considered to have mixed up narrations (ikhtilat). The claim made by Abu al-Hasan ibn al-Qattan that both he and Suhayl bin Abi Salih experienced ikhtilat and confusion is not reliable.
The reality is that Hisham experienced some slight changes with age. His memory was no longer as strong as it was in his youth, and he forgot parts of what he had memorized or made some errors.
So what? Is he infallible and protected from forgetting? When he went to Iraq in the latter part of his life, he narrated a large body of knowledge. Within these narrations, there were a small number of hadiths in which he was not as precise. This happens with great scholars like Malik, Shu’bah, Waki’, and other trustworthy narrators.
Do not confuse the well-established and reliable narrators (thiqaat) with those who mixed and confused their narrations (mukhallitin). Hisham is Shaykh al-Islam, but may Allah have mercy on us regarding Ibn al-Qattan.
Abd al-Rahman bin Khirash said that Malik was not pleased with Hisham’s narrations, especially those he transmitted to the people of Iraq. Hisham visited Kufa three times: • During his first visit, he would say, “My father told me that he heard from Aisha.”
During his second visit, he would say, “My father informed me about Aisha.” • During his third visit, he would narrate, “My father from Aisha,” meaning that he would omit the direct wording and narrate in a disconnected (mursal) form.
Muhammad bin Ali al-Bahili narrated from a Qurayshi elder that Hisham bin Urwah tried to kiss the hand of al-Mansur (the Abbasid caliph), but he stopped him, saying: “O son of Urwah, we honor you and your hand by not allowing this, and we honor others as well.”
Mizan al-I’tidal by Imam al-Dhahabi (4/301-302)
Translation: Ibn Abd al-Barr al-Maliki said: “The Prophet consummated with her when she was 9, I do not know them [the scholars] to have differed regarding that.”
Istiāb fi Ma’rifah al-As’hab by Ibn Abdul Barr (d.463AH) (8/188)
Translation: Ibn Kathir said: The Prophet married her when she was 6 years old, and consummated with her when she was 9 years old] there is no difference of opinion between the people about it.
Sirah al-Nabawiyyah by Ibn Kathir (2/141)
Translation: Ibn al-Hammam al-Khafi says the marriage of Aisha by her father (May Allah be pleased with them both) to the prophet was, when she was 6 is a text that is close to being mass-transmissited [mutawātir]
Fath al Qadir by Ibn Al Hammam (3/265)
