What is the ruling on marrying off a girl who is thirteen years old? And is her opinion taken into account at the time of marriage?
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The Shaykh : Yes?
The questioner : May Allah reward you, O honorable Shaykh, and may He reward you with good. What is the ruling on marrying a girl who has reached the age of thirteen, and is her opinion taken into account when marrying her?
The Shaykh : If she has reached puberty, it is necessary. If she has not reached puberty, the matter returns to her guardian, for he is the one who marries her off. However, if she has reached the age of legal responsibility, it is necessary to consult her and take her opinion, and it is not permissible to force her against her will except with her consent. You may know the saying of the Prophet (peace and blessings be upon him) regarding the virgin, in which he said: Therefore, it is necessary to seek her permission; otherwise, the guardian would have contradicted the Prophet and committed a sin that may have many serious consequences later, such as discord arising between the spouses. In that case, the guardian who married off the virgin who had reached puberty—either by forcing her or because she had not reached puberty and he did not make a good choice—would bear the responsibility. If she reaches the age of discernment and legal responsibility while she is with her husband, and she then desires separation, the Shari'ah separates her from her husband because she was married off before reaching the age of legal responsibility. Likewise, if she was forced, the Shari'ah separates her from her husband. Yes.
The questioner : May Allah reward you, O honorable Shaykh, and may He reward you with good. What is the ruling on marrying a girl who has reached the age of thirteen, and is her opinion taken into account when marrying her?
The Shaykh : If she has reached puberty, it is necessary. If she has not reached puberty, the matter returns to her guardian, for he is the one who marries her off. However, if she has reached the age of legal responsibility, it is necessary to consult her and take her opinion, and it is not permissible to force her against her will except with her consent. You may know the saying of the Prophet (peace and blessings be upon him) regarding the virgin, in which he said:
