The Age Considered for the Marriage of a Woman
Machine translationRead the Arabic original
Here is a question from our brother, and he asks: What is the Shari'ah age at which it is permissible for a woman to marry? Is it specified or not?
Answer: There is no limit to the age at which a woman may marry as far as her father is concerned. Her father has the right to marry her off even if she is young, just as al-Tabi' (may Allah be pleased with him) married 'A'ishah when she was six or seven years old, if he sees the benefit in it. If he sees that the suitor is a suitable match for her and that he should seize the opportunity and not delay, then there is no harm. The father looks after the interests of his children.
As for the other guardians, they do not have the right to marry her off until she reaches an age at which she is capable of giving consent; because they are commanded to seek her permission. As for the father, he has the right to marry her off without her permission if she is under nine years of age, following the example of al-Tabi' and the Prophet (peace and blessings be upon him) approving it for him. They said: This indicates that a girl, even if she is young, her father specifically may marry her off without her permission, even if she is not of the age of consent, such as a five-year-old or four-year-old, if he sees the benefit in it. Not for the sake of money, but for the sake of the benefit, the benefit of the girl, just as al-Tabi' married 'A'ishah for the sake of 'A'ishah's benefit. So whoever meets the Prophet (peace and blessings be upon him) and obtains the Prophet (peace and blessings be upon him), for this reason he hastened to marry him (peace and blessings be upon him). So if a righteous man from the people of good, from the people of knowledge, virtue, and uprightness proposes to him, and he fears that this righteous man will be lost, then he may contract the marriage for him, and there is no harm. But he does not have the right to approach her with intercourse until she is capable of it. The husband does not have the right to have intercourse with her until she is capable of intercourse. What harms her is forbidden upon him.
As for the other guardians, they do not have the right to marry her off until she reaches nine years of age. So if she reaches nine, they may marry her off with her permission, by his saying (peace and blessings be upon him):Sunan an-Nasa'i 3267Sahih (Darussalam).
And likewise, the father, if she reaches nine, also seeks her permission. As for what is under nine, the father is not obligated to seek her permission, because she is not of the age of consent. But if she reaches nine or more, then her father seeks her permission and does not force her either; this is the correct view. He does not have the right to force a girl who is nine or older. He only marries off those under nine without their permission for the benefit, the Shari'ah benefit of the girl, as mentioned before. As for the rest of the guardians, such as her brother, her uncle, her cousin, and the like, they do not have the right to marry her off until after she reaches nine, and also with her permission. Two things are necessary: reaching nine so that she is capable, as 'A'ishah (may Allah be pleased with her) said: And because nine is close to maturity, there is no objection to marriage with permission. She is asked for permission, and her permission is her silence. If she is silent, that is sufficient. This is in the case of a virgin. So the age in this case has details. In the case of the father, there is no limited age if he sees the benefit, but he does not have the right to marry her off without permission after she reaches nine. And the guardians only marry her off after reaching nine so that they can seek her permission so that they are able to seek her permission; because those under nine are not a place for consent. For this reason, this was specified for them so that they can seek her permission so that she becomes a place for consent so that she is not forced.
The presenter: May Allah reward you.
Answer: There is no limit to the age at which a woman may marry as far as her father is concerned. Her father has the right to marry her off even if she is young, just as al-Tabi' (may Allah be pleased with him) married 'A'ishah when she was six or seven years old, if he sees the benefit in it. If he sees that the suitor is a suitable match for her and that he should seize the opportunity and not delay, then there is no harm. The father looks after the interests of his children.
As for the other guardians, they do not have the right to marry her off until she reaches an age at which she is capable of giving consent; because they are commanded to seek her permission. As for the father, he has the right to marry her off without her permission if she is under nine years of age, following the example of al-Tabi' and the Prophet (peace and blessings be upon him) approving it for him. They said: This indicates that a girl, even if she is young, her father specifically may marry her off without her permission, even if she is not of the age of consent, such as a five-year-old or four-year-old, if he sees the benefit in it. Not for the sake of money, but for the sake of the benefit, the benefit of the girl, just as al-Tabi' married 'A'ishah for the sake of 'A'ishah's benefit. So whoever meets the Prophet (peace and blessings be upon him) and obtains the Prophet (peace and blessings be upon him), for this reason he hastened to marry him (peace and blessings be upon him). So if a righteous man from the people of good, from the people of knowledge, virtue, and uprightness proposes to him, and he fears that this righteous man will be lost, then he may contract the marriage for him, and there is no harm. But he does not have the right to approach her with intercourse until she is capable of it. The husband does not have the right to have intercourse with her until she is capable of intercourse. What harms her is forbidden upon him.
As for the other guardians, they do not have the right to marry her off until she reaches nine years of age. So if she reaches nine, they may marry her off with her permission, by his saying (peace and blessings be upon him):
"A previously married woman should not be married until her consent has been sought, and a virgin should not be married until her permission has been sought." They said: "O Messenger of Allah, what is her permission?" He said: "If she remains silent."
لا تنكح الأيم حتى تستأمر، ولا تنكح البكر حتى تستأذن، قالوا: يا رسول الله! كيف إذنها؟ قال: أن تسكتAnd likewise, the father, if she reaches nine, also seeks her permission. As for what is under nine, the father is not obligated to seek her permission, because she is not of the age of consent. But if she reaches nine or more, then her father seeks her permission and does not force her either; this is the correct view. He does not have the right to force a girl who is nine or older. He only marries off those under nine without their permission for the benefit, the Shari'ah benefit of the girl, as mentioned before. As for the rest of the guardians, such as her brother, her uncle, her cousin, and the like, they do not have the right to marry her off until after she reaches nine, and also with her permission. Two things are necessary: reaching nine so that she is capable, as 'A'ishah (may Allah be pleased with her) said:
When the girl reaches nine, she is a woman.
إذا بلغت الجارية تسعاً فهي امرأةThe presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
