Is a woman who was married off as a minor entitled to divorce after reaching puberty?

Question:
What is your ruling regarding a woman who was married off before reaching puberty, and after reaching puberty she refused to accept this marriage? Is it permissible for her to marry without her husband divorcing her, or is divorce necessary? And what is the evidence in this issue, if it is known?

Answer:
If the woman was married off with her permission, she must obey her husband and carry out the implications of the marriage contract. She is not permitted to marry anyone other than the husband with whom the contract was concluded before her puberty, whose guardian is her father. This is based on the saying of the Prophet (peace and blessings be upon him): . They said: O Messenger of Allah, how is her permission? He said: . It is agreed upon that this is authentic, and it encompasses both those who have reached puberty and those who have not.
In Sahih Muslim, it is narrated from Ibn Abbas (may Allah be pleased with them both) that the Prophet (peace and blessings be upon him) said: . Abu Dawud and al-Nasa'i reported it with a good chain of narration with the wording: . This is explicit in the validity of the marriage of a non-pubertal girl if she gives permission, even if by silence.
As for if she was not asked for permission and the one who married her off is not her father, the marriage is defective according to the most correct of the scholars' opinions. However, she is not permitted to marry until he divorces her, or the marriage is annulled from him by the judicial authority, in order to avoid the disagreement of those who said that the marriage is valid and she has the option after puberty, and to cut off his attachment to her. Also, she is not permitted to marry anyone else until she is purified by a menstrual period if he has had intercourse with her.
As for if the one who married her off without her permission is her father, this issue is also a matter of disagreement among the scholars. Many of them validate this marriage if the daughter is a virgin, based on the implication of his (peace and blessings be upon him) saying: . They said: This indicates that a non-orphan girl is not asked for permission, but her father has the authority to marry her off without her permission.
A group of scholars held the view that the father does not have the right to force his virgin daughter, nor to marry her off without her permission, if she has reached the age of nine years. Similarly, he does not have the right to force a non-virgin woman, nor to marry her off without her permission, based on the aforementioned hadith, which is his (peace and blessings be upon him) saying:
This encompasses the orphan and others, and it is more correct than the hadith they used as evidence for not asking a non-orphan for permission. That hadith is explicit in wording, while the hadith of the orphan is implied. The explicit wording takes precedence over the implication. Also, because he (peace and blessings be upon him) explicitly stated in a authentic narration from him (peace and blessings be upon him): . This wording leaves no doubt in the matter. Also, because this is in accordance with the other hadiths reported in this chapter, and it is in accordance with the legal principles of caution regarding private parts and not being lenient in their matters.
This opinion is the correct one due to the clarity of its evidence. According to this opinion, the husband with whom the father of the virgin concluded the contract without her permission must divorce her with one divorce, in order to avoid the disagreement among scholars and to cut off his attachment to her due to the aforementioned disagreement.
This divorce is a final divorce with no right of revocation, because the intention is to sever the attachment of the one with whom the contract was concluded to her, and to separate him from her. This is not achieved except by considering it a divorce that is final for her with a minor finality, like a divorce for compensation.
This must be done through a judicial authority who judges between them and relieves each of them from the other in accordance with the legal evidence, because the judge's ruling resolves the disagreement in disputed issues and settles the dispute. As for if the daughter is under the age of nine, Ibn al-Mundhir reported the consensus of the scholars that her father has the right to marry her off to a suitable match without her permission, because the Messenger (peace and blessings be upon him) married Aisha (may Allah be pleased with her) without her permission or knowledge, and she was under the age of nine.
And we ask Allah to grant us and you and all Muslims success in understanding His religion and steadfastness upon it; He is the best to be asked. And peace be upon you.