Question : A question was asked regarding the ruling of marriage to young girls (from 2-10 years) who had not yet reached the age of puberty.

Fatwa in Brief: It is permitted for a pre-pubescent girl to marry [a mature man].

The Permanent Committee, 18/123

Response:

In the present day, setting an age limit for marriage benefits both parties. Each must be capable of shouldering the responsibilities placed upon them by marriage. [In order to protect both parties] Some governments enforce legal age limits. This is a good thing (khayr), as long as all [relevant] circumstances are taken into account when establishing these limits. [When marriage partners are still young their] Legal guardians (uli al-amr) must be obeyed in these matters, as long as they act for the good of the child.

Commentary:

[Traditionally] Islam has never upheld a minimum age for marriage. Yet, Islam set limits for taklif (religious duties) in general. Specifically, these duties are [only obligatory] once an individual reaches the age of puberty, and thus only when s/he has reached the age of fifteen lunar years. Yet, Islam did not apply the same principle to the marriage contract. Rather, marriage before this age has always been permitted through marriage guardians (awliya’ al-amr). Although there is no minimum age limit for marriage, it is better that this not occur before puberty, at a time when both the young man and woman are [physically] mature. This will protect them from corruption/deviation (inhiraf). Marriage earlier than this may cause [both parties] hardship, due to the intellectual effort required in marriage. The approval of secular law (qanun) is not a condition for the [Islamic] validity of marriage. However, the legal systems of most Islamic countries will not document, and [thus] approve, a marriage contract before both husband and wife reach a certain age. The logic underpinning this decision is that marriage requires commitments from both parties that it would be unreasonable to expect of a pre-pubescent individual. However, as [in both physical and mental terms] a girl reaches womanhood before a boy, it is sensible that she can marry at sixteen, while he should wait until he is [at least] eighteen.

The majority of scholars rule that it is permitted for a male and female to marry as soon as they are deemed legally old enough to have sexual intercourse. They also permitted their guardians to marry them earlier than this, before they reach the age of puberty. In the latter case, a marriage contract may only be completed under the supervision of the guardians.

The majority based their opinion – that a young woman may marry before she reaches the age of puberty [under the guardian’s supervision] – on God’s words:

“And for such of your women as despair of menstruation, if ye doubt, their period (of waiting) shall be three months, along with those who have it not”. (Q. 65: 4)

According to this verse, the waiting period after divorce (‘idda) for a pre-menstrual girl is three months. An ‘idda naturally follows a divorce; and there is no divorce without [there first being] marriage. [According to one interpretation of the verse] Therefore, it is permitted for people who have not reached maturity to marry legally, providing the marriage conditions are met. This is because, in this verse, the ‘idda is stipulated for a girl before she begins her menstrual cycle [and, as mentioned above, if there is an ‘idda, then the Qur’an presumes that there has been a marriage]. In Islam, then, there is no legally stipulated age for marriage. In these days, a minimum age limit is set by [secular] legal systems so as to protect the psychological and physical well-being of the couple. In doing so, it allows both partners to carry the responsibilities of marriage.

Some governments enforce legal age limits. This is a good thing (khayr), as long as all [relevant] circumstances are taken into account when establishing this. [A young woman’s legal] Guardians (‘uli al-amr) must be obeyed in these matters, as long as they act for the good of the child. God said:

“O Ye who believe! Obey Allah, and obey the Messenger and those of you who are in authority”. (Q. 4:59)[1]

Dr. Anas Abu Shadi