prohibition of marrying a minor girl

@kufrcleaner

 In the topic, I will discuss the evidence of the majority regarding the marriage of a young girl and the evidence of prohibition, while noting that the topic, God willing, falls within the issues of disagreement and ijtihad, so there is no need to be arrogant and deny the doctrine of prohibition or permissibility:

First, discuss the evidence of the Holy Qur’an:
The first evidence
(And if you fear that you will not be just toward the orphan girls, then marry women of your choice, two or three or four; but if you fear that you will not be just, then only one or those your right hands possess. That is more suitable that you will not incur hardship.)
The orphan is the one whose father has died and she has not yet reached puberty. The Prophet, may God bless him and grant him peace, said: ((..she is not an orphan after puberty..)).

Urwa bin Al-Zubayr asked Sayyida Aisha about the statement of Allah the Almighty : She said: O son of my sister, this orphan girl will be in the care of her guardian, sharing his wealth with him, and he will be pleased with her wealth and beauty, so her guardian wants to marry her without being fair in her dowry, so he will give her the same as he gives her to others, so they were forbidden to marry them unless they are fair to them, and reach the highest of their norms in dowry, and they were ordered to marry whomever they like of women other than them. Urwa said: Aisha said: And the people asked the Messenger of Allah (peace be upon him) after this verse, so Allah revealed (And they ask you about women) ....
Abu Hanifa relied on this verse in his permitting the marriage of an orphan girl before puberty, and he said: She is an orphan before puberty, and after puberty she is a divorced woman, not an orphan, based on the fact that if he had meant the adult, he would not have forbidden her from deducting the dowry of her peers, because she chooses that, so it is permissible by consensus.


Discussion of the evidence:

Imam Al-Kia Al-Harasi said in Ahkam Al-Quran:
It was narrated from Saeed bin Jubair, Al-Dahhak and Al-Rabi’ other interpretation, which is that the meaning of the verse is: “Just as you feared regarding the rights of orphans, then fear regarding the rights of women that you feared regarding orphans, lest you transgress in them.” It was narrated from Mujahid: (And if you fear that you will not be just), meaning you are afraid of consuming their money, then be afraid of fornication and marry a good marriage, two, three and four.
The problem is that Aisha (may Allah be pleased with her) said: This verse was revealed about that, and that is not said by opinion but rather it is said by divine authority, and it cannot be taken seriously, because it is not permissible for him to marry her, so it is known that what is meant for him is the cousin and whoever is further away from him from the rest of the guardians.. And it can be taken to mean the adult woman because Aisha (may Allah be pleased with her) said: Then the people asked the Messenger of Allah (blessings and peace of Allah be upon him) after this verse, so Allah revealed: (And they ask you concerning women - to His saying - concerning orphan women) and the young are not called women... So if it is said: It is permissible to marry the adult woman without the dowry of her peers with her consent, so what is the meaning of that answer? It is said that its meaning is that the guardian weakens her and seizes her money, and she is not able to resist him, and for that reason He said: (Except for the weak among men, women and children) End. Malik, Al-Shafi’i and the majority of scholars

said

that this is not permissible until she reaches puberty and is consulted, based on the Almighty’s statement:
“And they ask you about women.” Women is a name given to adults, just as men is given to males. The name man does not include a child, so the name women and woman does not include a child.

The Messenger of God, may God bless him and grant him peace, said
: “The orphan girl should be consulted about herself. If she remains silent, then it is her permission, and if she refuses, then there is no protection for her.” The orphan girl in origin is a young girl who has no father, but this word may be used to mean a mature virgin whose father died before she reached puberty. The name of orphan was required of her, so she was called by it when she reached puberty. The Arabs may call something by the first name that it was called by for a previous meaning, then the name is cut off and the meaning does not go away. And the name does not go away.

From here, the scholars differed about the permissibility of marrying an orphan girl who has not reached puberty. Sufyan al-Thawri and al-Shafi’i went to the view that her marriage is not permissible until she reaches puberty. The author of ‘Awn al-Ma’bood (6/117) said: “What is meant by orphan girl in the hadith is the adult virgin. He named her based on what she was, like the saying of God Almighty: (And give the orphans their property)

and the benefit of the name is to take into account her right and have mercy on her in seeking sufficiency and righteousness, for orphanhood is a source of compassion and mercy. Then, before puberty, there is no meaning to her permission or her refusal, so it is as if the Prophet, peace and blessings be upon him, stipulated that she reach puberty, so its meaning is: Do not marry until she reaches puberty, then ask for permission, i.e. seek permission.” End.
For more on the interpretations of the verse:

http://quran.ksu.edu.sa/tafseer/tabary/sura4-aya3.html
Islam Web Fatwa on the issue: http://fatwa.islamweb.net/fatwa/index.php?page=showfatwa&Option=FatwaId&Id=160717

The second evidence is
the saying of Allah the Almighty (And those of your women who have despaired of menstruation, if you doubt, their period is three months, and those who have not menstruated)
The verse was revealed regarding the waiting period of a minor girl, so that is evidence of the validity of her marriage and then her divorce.

Refuting the argument based on the verse on the validity of marrying a minor girl has two schools of thought:

The first school of thought The first question also applies to those who have not yet menstruated or whose period is delayed among the adult women:

Al-Mu'alimi Al-Yamani said in Fawa'id Al-Majami', p. 114:

The author says: As for the verse, its indication of the validity of the marriage of minors is questionable. This is because His statement: {and those who have not menstruated} applies to those who have not menstruated for a reason, even though they are adults, and to those who have not menstruated because they are young, so it is not specific to minors. If it is said: Yes, but it includes them.

I say: The generality here is restricted to them being wives, because the meaning is: and those of your divorced women who have not menstruated, so it does not include except those who have not menstruated and are husbands.
So the meaning of the verse is: the waiting period of every wife of yours who has not menstruated is three months. This does not necessarily mean that every woman who has not menstruated is valid to be a wife, as you say: every tall man from Banu Tamim is noble. It does not necessarily mean that every tall man among the people can be considered from Banu Tamim. So consider it, for it is subtle!

Then, if we assume that the verse indicates in its generality the validity of the marriage of minors, the opponent can say: It is specified by the saying of the Prophet (peace and blessings of Allah be upon him): “And do not marry a virgin until you ask her permission.” This means: until her permission is asked and she gives permission. The legally validity of a young girl is that she gave permission after reaching puberty, so it follows from this: Do not marry a young girl until she reaches puberty, then her permission is asked and she gives permission.
It was previously mentioned in the discussion of “Al-Fath” that there is no meaning to asking the permission of a young girl, and that it does not have a phrase.

However, they tried to exclude her from the hadith, which is rejected because she is included in the generality of virgins. The invalidity of asking her permission and giving her permission when she is young is not sufficient to exclude her, because asking her permission and giving her permission is possible after she reaches puberty.

In the words of “Al-Fath” in the chapter on marrying minors to adults, there is what includes acknowledging this, as mentioned above. It has been proven that there is no indication in the verse. End

http://shamela.ws/browse.php/book-14381#page-9718 Comment It is known that what matters is the generality of the wording, not the specificity of the reason:

See the enjoyable explanation of Zad Al-Mustaqni’ by Ibn Uthaymeen:

His saying: “And the waiting period for one who has reached puberty but has not menstruated” The waiting period for one who has reached puberty but has not menstruated is three months, based on the generality of the Almighty’s statement: {And those who have not menstruated} [At-Talaq: 4]. It is general, even if we assume that this woman is thirty years old and has not menstruated, then she observes a waiting period of three months. If it is assumed that she is eight years old and her husband leaves her, then she does not have to observe a waiting period, because she is not someone who can be had intercourse with someone like her.
http://shamela.ws/browse.php/book-10649#page-5582
See Al-Wasit fi Al-Madhhab by Abu Hamid Al-Ghazali:
If her menstruation was delayed from childhood and she did not menstruate at all, then her waiting period is months, due to the generality of the Almighty’s saying (and the one who has not menstruated)
http://shamela.ws/browse.php/book-6128#page-2666
And the inference of the generality was mentioned in the books of interpretation such as Al-Bahr Al-Muhit and Al-Alusi quoted it from him in his interpretation and it was mentioned in the interpretation of Al-Baqaei and the interpretation of Al-Saadi.
See also the explanation of Zad Al-Mustaqni’ by Al-Shanqeeti:

If it is proven that a woman did not menstruate when she was young, then there is consensus that she must observe the waiting period in months. If she reaches the age of menstruation and no menstrual blood flows with her, then the original rule is maintained. Her reaching puberty does not affect the ruling at all, because she is still not menstruating. And God says: {And those who have not menstruated} [At-Talaq: 4], so He made it clear that the waiting period of those who have not menstruated is three months. This woman has not menstruated, so she remains under the ruling of the original rule, so she observes the waiting period of three months. This is as the author, may God have mercy on him, stated, and it is the opinion of a group of the imams of knowledge from the early and later generations.

The reason for excluding the marriage of a young girl from
the meaning of the verse is that the verse is restricted to them being wives, and that does not necessarily mean that the opposite is true. An example has been given for that and evidence has been given by the hadith about asking permission from a virgin, and that the permission of a young girl is not possible until she reaches puberty, as is the opinion of the majority.
As for excluding the young virgin from the hadith (Do not marry a virgin until you ask her permission) in terms of meaning, since her permission is not valid, it has a reason to reject it other than the generality, which is what Ibn Uthaymeen mentioned in Al-Sharh Al-Mumti’:

If someone says: His saying (he asks her permission) indicates that the woman has an opinion, so we do not make the ruling specific to the young girl, and we say: The accountable woman is not forced, but the young girl is forced.

We said: What benefit is there for a young girl in marriage?! Is this not a disposition of her private parts in a way that you do not know its meaning?! Let us wait until we know the interests of marriage, and know what is meant by marriage, then after that we marry her, for the interest is her interest.

http://shamela.ws/browse.php/book-10649#page-4781

With the note that his choice, may Allah have mercy on him, is the doctrine of Ibn Shabramah with his permission to marry a girl of nine or more, but her permission is required, but his choice was based on the fact that her desire has begun to stir and she feels the need for marriage. So we say that whoever understands the choice of the Sheikh, not everyone who has reached nine years of age has her permission considered, as there are those who have reached this age and are still in the final stages of childhood and do not comprehend and their desire for such matters has not stirred sufficiently, so circumstances vary, but the choice of the Sheikh can be explained by what is stated in Lisan al-Arab:
And the boy is a teenager if he is close to puberty. And the teenager is the boy who is close to puberty and a teenage girl. It is said: A mature girl and a mature boy, and that is the son of ten to eleven, and he recited:
And a mature girl I hung in tall and shady attics.
I do not think that those who go for prohibition or permissibility disagree that if the girl is destined before puberty and knows marriage and the benefits of marriage and gives permission for her marriage, then she is the most knowledgeable about her benefits and her situation, so no one can outbid her on that.
See the fatwa of Islamweb in the opinion of Al-Mu'alimi Al-Yemeni that he has a share of consideration and that the issue is one of the issues of disagreement and is not agreed upon.
http://fatwa.islamweb.net/fatwa/inde...waId&Id=304396

The second school of thought in rejecting the evidence of the verse:
Imam Al-Kia Al-Harasi said in Ahkam Al-Qur'an:
The second view: The verse was revealed regarding the waiting period of a minor girl and not regarding the divorce of a minor girl.
Imam Al-Kia Al-Harasi said:
Since it has been proven that what is meant by the orphan is the adult, and there is no evidence in the Book of Allah that it is permissible to marry a young girl, Ibn Shabrama came to the conclusion that it is not permissible for fathers to marry young girls, and this is the doctrine of Al-Asamm, because marrying a young girl is optional* by missing out on an interest without hastening it, as we have established in our writings on the issues of disagreement, and if that is proven, it is not permissible to do so based on analogy or revelation.
Some have said: Rather, in the Book of Allah there is what indicates the permissibility of marrying a young girl, for Allah the Most High says:
(And those of your women who have despaired of menstruation, if you doubt, their waiting period is three months, and those who have not menstruated) “3”.
So he ruled that the divorce of a minor who has not menstruated is valid, and divorce does not occur except in a valid marriage, and there is no motive for this except to say:
Marriage in the case of a minor, if it is not conceivable, then intercourse that requires the waiting period is conceivable, and there is no mention of divorce in the case of a minor in the Qur’an, but it mentions the waiting period, and the waiting period is required by intercourse, and intercourse is conceivable in a corrupt marriage, and according to the ruling of doubt in the case of a slave girl, her master married her while she was a minor and she was intercourse with him.
*He chooses: that is, he selects, and what is meant is that it is completed and realized, if we choose to say that it is valid by forfeiting her right to choose with satisfaction and conviction after puberty.
http://shamela.ws/browse.php/book-23...e-320#page-322 It will be completed by discussing the rest of the evidence of the Sunnah and consensus and what was mentioned in the book Al-Mabsoot of the explanation of the doctrine of Ibn Shabramah and the response of Imam Al-Sarakhsi to it in the coming posts so that the topic does not become long.

Evidence from the hadith of Sayyida Aisha:
Our master Abu Bakr married her - with a contract - when she was six years old, which indicates the permissibility of marrying a young girl without asking her permission, since at that time she did not have a valid permission:

Refuting the doctrine of prohibition:
Imam Al-Mu'alimi Al-Yemeni said:
His marriage - may God bless him and grant him peace - to Aisha remained. As for what was transmitted from Ibn Shabramah that it was one of his special characteristics - may God bless him and grant him peace - they did not mention his evidence, so if he said it without evidence, then it is rejected because specialness is not proven by mere possibility, rather his action - may God bless him and grant him peace - is evidence unless specialness is proven. And if he said it based on his saying - may God bless him and grant him peace - "And do not marry a virgin until you ask her permission" based on what we have presented, then there is a consideration in it; Because Al-Hafiz mentioned that Aisha’s marriage was before this hadith. So if the hadith indicates prohibition, then it is possible that the prohibition only became necessary from that time, and the prohibition was not previous, and in that case Aisha’s marriage would be based on the previous ruling, which is the absence of prohibition, so there is no specificity. This may be supported by what was narrated from him - may God bless him and grant him peace - that he said about some of the daughters of his cousin Al-Abbas (If she reaches maturity while I am alive, I will marry her) or something like that (1)
(1) It was narrated by Ahmad (26870) and Abu Ya’la (7075) and others from the hadith of Ibn Abbas with the wording: “If this daughter of Al-Abbas reaches puberty while I am alive, I will marry her.” Al-Haythami said in Majma’ al-Zawa’id (4/276): “In their chain of transmission is al-Husayn ibn ‘Abdullah ibn ‘Abbas, who is rejected, and Ibn Ma’in authenticated him in one narration.
Yes, Ibn Shabramah’s intention in rejecting the evidence of Aisha’s marriage is valid in every case, because if it was not specific, then it was abrogated.
It cannot be said that if it was abrogated, the Prophet (peace and blessings of Allah be upon him) should have divorced her when the abrogation came, because it is clear that abrogation only applies to new actions, not to what came before it. Then, abrogation did not come until Aisha (may Allah be pleased with her) reached puberty. However, it is possible that the meaning of his (peace and blessings of Allah be upon him) saying: ‘Do not marry a virgin until you ask her permission’ is that her marriage is not final. As for the contract being concluded by the guardian and the finality being suspended on her consent, this is not as some jurists say about the mature virgin, and even about the previously married woman, and by analogy with what they say about the sale of a meddler
. This possibility is correct, so there is nothing wrong with Abu Bakr’s marriage to Aisha being of this type, then when she reached the age of nine, she reached the age of puberty and confirmed the marriage contract. Accordingly, there is no contradiction, no abrogation, and no specificity,
but the apparent meaning of his statement - may Allah’s prayers and peace be upon him - “And do not marry a virgin” rejects what was mentioned. So think about it.

Ibn Uthaymeen said:
The evidence from the story of Aisha is questionable, and the point of view is that Aisha was married to the best of creation - may Allah’s prayers and peace be upon him - and that Aisha is not like other women, as she would certainly be satisfied and would not have any objection. That is why when she was given a choice - may Allah be pleased with her - when the Prophet - may Allah’s prayers and peace be upon him - said to her: (You do not have to consult your parents), she said: I want Allah and His Messenger, and I do not want the world and its adornments. He also said in the audio recording in Al-Sharh Al-Mumti’: When is the guardian like Abu Bakr, and when is the husband like our master Muhammad, and when is the daughter like Aisha - may Allah be pleased with her?
He said: As for a greedy person who cares only about money, and a man comes to him who is not good and says: Marry me your daughter, and she is thirteen or fourteen years old, she has not yet reached puberty, and gives him one hundred thousand, so he marries her to him and says: The evidence for that is that Abu Bakr - may God be pleased with him - married Aisha to the Prophet. We say: This evidence is far-fetched, no doubt, and weak, because if he had not given you the one hundred thousand or given you such and such, he would not have married her to him, nor would you have used as evidence the hadith of Aisha and Abu Bakr marrying her to the Prophet - may God bless him and grant him peace.

Consensus:
Some claim that there is consensus on the issue that cannot be contradicted, and the opinion of the two great Tabi’i imams Ibn Shubramah and Uthman al-Batti is an exception.
Imam al-Mu’alimi al-Yamani said:
In any case, the majority do not have evidence for the validity of marrying a young girl except consensus. And no consensus has been proven in the issue if we define consensus as al-Shafi’i and Ahmad defined it. Rather, its most important point is that it is a statement that was not known to have been opposed before Ibn Shabramah. Al-Shafi’i and Ahmad do not consider such a statement to be a consensus that would refute the evidence of the Sunnah. The view of Ibn Shabramah is strong , and Allah knows best.
Ibn ‘Uthaymeen said:
We have already learned that a man is permitted to marry off his young daughter if she is a virgin, and it is known that a young girl does not have permission because she has not reached puberty. This is the view of the majority of scholars, and they used as evidence the hadith mentioned by the author (may Allah have mercy on him). Some of them narrated the consensus that a father may marry off his young daughter without her consent because she does not have valid permission, and he knows best what is in her best interests. However, the transmission of the consensus is not correct, because Ibn Hazm narrated from Ibn Shabramah that it is not valid for him to marry off his young daughter until she reaches puberty and gives permission. This is what I think is most likely.

He said: Then, saying this in our time leads to corruption as we mentioned previously, because some people sell their daughters, and say to the husband: You will give me such and such, and you will give her mother such and such! And you will give her brother such and such! And you will give her uncle such and such! ... and so on. And if she grows up and is married, what should she do?!!
This opinion chosen by Ibn Shabramah, especially in our time, is the most correct opinion in my opinion, and that he should wait until she reaches puberty and then ask permission.

He said in the book Al-Sharh Al-Mumti’: Some scholars mentioned the consensus that he has the right to marry her, citing as evidence the hadith of Aisha - may Allah be pleased with her - and we have mentioned the difference. Ibn Shabramah, one of the well-known jurists, said: It is not permissible to marry a young girl who has not yet reached puberty, because if we say that consent is a condition, then her consent is not valid, and we do not say that there is compulsion in the case of an adult, so this is even more so. This opinion is correct, that a father does not marry his daughter until she reaches puberty, and if she reaches puberty, then he does not marry her until she is satisfied. But if we assume that the man finds that this suitor is suitable, and he is old, and he fears that if he passes on to the afterlife, the girl will be under the guardianship of her brothers, who will manipulate her and marry her off according to their whims and not according to her interests, then if he sees that it is in his interest to marry her off to someone suitable, then there is nothing wrong with that, but she has the choice when she grows older; if she wants, she can say: I do not accept this and I do not want it. If this is the case, then it is safer for him not to marry her off, and to leave her to Allah, the Almighty and Majestic, for perhaps now he sees this man as suitable, then the man’s situation will change, and perhaps Allah will bring her a man better than this man when she reaches the age of marriage, because matters are in Allah’s hands

Evidence of Ibn Shabramah’s doctrine of prohibition The first evidence:
A young boy, male or female, is not to be married until they reach puberty,
based on the statement of Allah, {until they reach the age of marriage} Imam Al-Sarakhsi, may Allah have mercy on him, responded: What is meant by Allah’s statement is wet dreams.
http://shamela.ws/browse.php/book-5423#page-897
We will cite from the books of interpretation what supports Ibn Shabramah’s doctrine:
Al-Baghawi’s interpretation:
{ until they reach the age of marriage } meaning: the age of men and women. English
: http://library.islamweb.net/newlibra...k_no=51&ID=270
Tafsir al-Tahrir wa al-Tanwir and
Bulugh al-Nikah on the deletion of an added word, meaning reaching the time of marriage, meaning getting married, which is a metaphor for leaving the state of childhood for both males and females. There are known signs of puberty, which are expressed in the verse as puberty based on what is known among the Arabs of early marriage of a girl upon [ p. 239] puberty, and a man seeking marriage upon reaching puberty. The attainment of eligibility for marriage varies according to the countries in terms of heat and cold, and according to the temperaments of the people of one country in terms of strength and weakness, and bloody temperament and bile temperament. Therefore, the Qur’an refers it to reaching the age of marriage. The most common thing in a girl’s puberty is that it is earlier than a boy’s puberty. If she is delayed beyond her expected time, the majority said: The age at which the maximum puberty usually does not delay is used as evidence. Malik said, in the narration of Ibn al-Qasim from him: It is eighteen years for males and females. The same was narrated from Abu Hanifa regarding males. He said: For a girl, it is seventeen years. Others besides Ibn al-Qasim narrated from Malik that it is seventeen years. The well-known view from Abu Hanifa is that it is nineteen years for males and seventeen for females. The majority said: fifteen years.... http://library.islamweb.net/newlibra...k_no=61&ID=519

Tafsir al-Suyuti:
Ibn Abi Hatim narrated on the authority of Muhammad ibn Qays {until they reach the age of marriage} he said: fifteen.
http://www.al-eman.com/Tafsir al-Suyuti...?d-2619820-p=2

Is there a contradiction between the two statements when we say that reaching the time of marriage or the state of marriage or the eligibility for marriage is by reaching puberty through a wet dream or other signs, since God Almighty referred to puberty as reaching the age of marriage?
Tafsir al-Jalalayn:
{until they reach the age of marriage} meaning they become eligible for it through a wet dream or the age, which is completing fifteen years according to al-Shafi’i.
http://www.al-eman.com/Tafsir Al-Jalali...?d-2619820-p=2
Tafsir Al-Qurtubi:
{until they reach the age of marriage} meaning puberty, because Allah the Almighty says: {And when the children among you reach puberty} meaning puberty and the state of marriage. Puberty occurs through five things: three that men and women share, and two that are specific to women, which are menstruation and pregnancy.
http://library.islamweb.net/newlibra...rano=4&ayano=6
Tafsir Al-Nasafi:
{until they reach the age of marriage} meaning puberty, because it is suitable for marriage according to him and for seeking what is intended by it, which is procreation.

http://www.al-eman.com/Interpretation of Al-Nasafi/...?d-2619820-p=1

The second evidence of Ibn Shabramah for prohibiting the marriage of a minor:
If marriage was permissible before reaching puberty, this would be of no benefit, and because the guardianship over a minor is established due to the need of the one under guardianship, so that in matters in which the need is not realized, guardianship is not established, such as donations, and there is no need for them to marry. Because the purpose of marriage is, of course, to satisfy desire, and according to the Shari’ah, it is to produce offspring, and being young contradicts them. Then this contract is concluded for the age, and its provisions are binding on them after reaching puberty, so no one has the right to force them to do that, since no one has guardianship over them after reaching puberty.

Imam Al-Sarakhsi replied:
Our proof is the words of Allah the Most High: {And those who have not menstruated} [At-Talaq: 4]. Allah the Most High explained the waiting period of a minor girl, and the reason for the waiting period according to the Shari’ah is marriage, and that is evidence of the concept of marrying a minor girl. What is meant by the words of Allah the Most High: {Until they reach the age of marriage} [An-Nisa’: 6] is wet dreams. Then the hadith of Aisha - may Allah be pleased with her - is a text in it, and so is the rest of what We mentioned from the traces that Qudamah ibn Maz’un married the daughter of Az-Zubayr - may Allah be pleased with him - on the day she was born, and he said: If I die, she is the best of my heirs, and if I live, she is the daughter of Az-Zubayr. Ibn Umar - may Allah be pleased with him - married his young daughter to Urwah ibn Az-Zubayr - may Allah be pleased with him - and Urwah ibn Az-Zubayr - may Allah be pleased with him - married his brother’s daughter Ibn His sister, and they were both young. A man gave his young daughter to Abdullah bin Al-Hasan, and Ali, may Allah be pleased with him, approved of that. The wife of Ibn Mas`ud, may Allah be pleased with him, married her young daughter to the son of Al-Musayyib bin Nukhbah, and Abdullah, may Allah be pleased with him, approved of that. However, Abu Bakr Al-Asamm, may Allah have mercy on him, was… A deaf person who has not heard these hadiths. The meaning of this is that marriage is among the interests that are imposed on both males and females, and it includes purposes and objectives that are only available between equals.
And the suitable person does not come together at all times, so there was a pressing need to prove the guardianship of the guardian in her youth, and because if he had waited until she reached puberty, that suitable person would have been missed, and there is no one like him. And since this contract is concluded for the age, the need for what is from the objectives of this contract is realized, so that need is made as if it is realized. For the sake of proving the guardianship of the guardian.

Discussion: We have previously mentioned the issue of ((and those who have not menstruated)) and the issue of {until they reach the age of marriage} and the hadith of Lady Aisha and the issue of her choice and the evidence for it. What remains is to discuss the issue of the benefit of marrying a minor girl and the mentioned narrations:
Ibn Shabramah’s view on the issue that there is no need for a minor girl in marriage is supported by the statement of Imam Ibn Uthaymeen:

If someone says: His saying (he asks her permission) indicates that the woman has an opinion, so we do not make the ruling specific to the young girl, and we say: The accountable woman is not forced, but the young girl is forced.

We said: What benefit is there for a young girl in marriage?! Is this not a disposition of her private parts in a way that she does not know the meaning of?! Let us wait until we know the interests of marriage and know what is meant by marriage, then after that we marry her off, for the interest is her interest .

As for the issue of being compatible and missing a suitable match, the response to it is as follows: Imam Ibn Uthaymeen said in the recording of the explanation of Zaad al-Mustaqni’ regarding the issue:
If her father says, “I stay up night and day hoping for a suitable, religious, young, knowledgeable, rich, intelligent, generous, and charitable man like this. What I can get from this is that I will marry her off, and God willing, when she grows up…”
We say, “Fear God in your daughter and leave her now free and divorced, then God will provide sustenance. Isn’t the one who brought a man like this described with these qualities able to bring someone better than him… Yes, he is able, so there is no evidence in the issue.”

And he said in the book Al-Sharh Al-Mumti’:

But if we assume that the man finds that this suitor is suitable, and he is old, and he fears that if he passes on to the afterlife, the girl will be under the guardianship of her brothers, who will manipulate her and marry her off according to their whims and not according to her interests, then if he sees that it is in his interest to marry her off to someone suitable, then there is nothing wrong with that, but she has the choice when she grows older; if she wants, she can say: I do not accept this and I do not want it. If this is the case, then it is safer for him not to marry her off, and to leave her to Allah - the Almighty and Majestic - for perhaps now he sees this man as suitable, then the man’s situation will change, and perhaps Allah will bring her a man better than this man when she reaches the age of marriage, because matters are in Allah’s hands.

Imam Al-Kia Al-Harasi said, referring to this statement in his book Ahkam Al-Quran: Perhaps they do not say: What was in the case of the Messenger of Allah, may Allah bless him and grant him peace, is not used as evidence, because the marriage of the Messenger of Allah, may Allah bless him and grant him peace, does not require loyalty.
The basis of their statement is that marrying a minor girl is optional in exchange for missing out on an imaginary success , and this is not realized in the case of the Messenger of Allah, may Allah bless him and grant him peace, because it is not expected that the minor girl’s interest will be lost from marrying the Messenger of Allah, may Allah bless him and grant him peace . It may be said in response to that: The woman may want the world after reaching puberty, and she wants to devote herself to herself and does not want a husband, so the expectation is valid.

But the benefit of marrying off a young girl is supported by the fact that the father is in a time of turmoil and few suitable people are available, or in a country of disbelief and finds a suitable Muslim and returning to a Muslim country is impossible, or he is unable or poor and destitute and it is impossible for any of his relatives or good people to spend on the girl. But these are exceptional cases that do not give the father the right to marry off his daughter while she is still in the cradle simply because he married her to a suitable person, even if she will not be married to him until after puberty, as that would deprive her of her right to choose, as she may not want this suitable person and may want someone else, or she may want to complete a certain stage of education and then get married. It is necessary to take into consideration how this license is exploited? Who is using it? We find at the present time those who sell their daughters and do not care about their eligibility for marriage or who will marry her, even if he is old, and we find those who marry off their daughters at an early age just to get rid of the burden of spending on her. So the question of how the license is applied at the present time also supports the prohibition.

Ibn Uthaymeen said: What appears to me from a disciplinary perspective at the present time is that the father should be prevented from marrying off his daughter absolutely, until she reaches puberty and her permission is sought. How many women have been married off by their fathers without their consent, and when they found out and experienced both of these things from their husbands, they said to their families: Either you release me from this man, or I will burn myself. This happens a lot, because they do not consider the girl’s interests, but rather only their own interests. So, in my opinion, preventing this at the present time is necessary, and each time has its own ruling.
There is nothing wrong with us preventing people from marrying women who have not reached puberty absolutely. Here is ‘Umar (may Allah be pleased with him) preventing a man from returning to his wife if he divorced her three times in one session, while returning to someone who divorced her three times in one session was permissible during the time of the Messenger (blessings and peace of Allah be upon him), Abu Bakr, and two years of his caliphate, and the most correct opinion is that it is one.
The sale of mothers of children was prohibited. If a woman who was a concubine of her master had intercourse with her and she bore him a child, she became a mother of a child. During the time of the Messenger (peace and blessings of Allah be upon him) and Abu Bakr, the mother of a child was sold. However, when Umar saw that people no longer feared Allah and were separating between a woman and her child, he (may Allah be pleased with him) prohibited the sale of mothers of children.
Likewise, the punishment for thieves was dropped in the year of general famine.

His Eminence Sheikh Al-Sharif bin Hatim Al-Awni said in an article discussing an article by Sheikh Saleh Al-Fawzan on the ruling on regulating the marriage of minors:
http://www.dr-alawni.com/articles.php?show=47
Discussing an article by Sheikh Saleh Al-Fawzan on the ruling on regulating the marriage of minors
It is not by consensus that such an old difference would not have occurred, and the rare statements of the scholars that contradict the statement of the majority cannot be without a rule; nor is it by merely claiming a refuted consensus, unlike those who disagreed; because their disagreement indicates that consensus did not occur; unless the consensus preceded them, and there is no evidence that consensus on this issue occurred among the Companions on this issue to precede the era of the Tabi’een: the era of Ibn Shabrumah and Al-Batti.
This type of consensus is conjectural; because it is not transmitted by the general public from the general public (like the consensus on the obligatory prayers), nor is it accompanied by indications that make it certain, but on the contrary, the disagreement came that indicates that it did not occur at all. Conjectural consensus is an argument, but he who doubts its occurrence and denies its establishment is not misled by an acceptable proof like it, such as the occurrence of disagreement.
So how can the isolated statements of two imams from the majority of the jurists of the followers be accepted?! There is no certain or conjectural consensus on the issue, and the evidence of the Qur’an and Sunnah is not conclusive in indicating the opposite of their statement?!
In this regard, it is not useful to mention the names of the scholars who transmitted this consensus, nor to seek strength by mentioning their number, just as it is not useful in the issue of divorce three times in one session and its pronouncement as one divorce, in which a large group of scholars transmitted the consensus on its pronouncement three times, and yet Sheikh al-Islam Ibn Taymiyyah (may Allah have mercy on him) and those who followed him, such as Sheikh Abdul Aziz bin Baz (may Allah have mercy on him) and others, disagreed with them. So, the statements of consensus that are refuted by disagreement are not conjectural evidence, let alone being certain evidence whose opponent is ignored or misled. Rather, citing evidence from areas of disagreement and frequently claiming consensus in the wrong place is not a scientific method. In such a situation, Imam Ahmad bin Hanbal said, as narrated by his son Abdullah, who said: “I heard my father say regarding the claim of consensus: This is a lie. Whoever claims consensus is a liar; perhaps people will…” They differed and it did not reach him, so he says: We do not know that people differed. This is the claim of Bishr al-Marisi and al-Asamm,
but we say: We do not know that people differed, and: That did not reach
me. If we assume that the consensus is correct on the permissibility of marrying a young girl, and if we assume that the evidence is conclusive in indicating that as well, this does not necessitate prohibiting marriage in some cases, if it results in harms that outweigh its benefits. Especially with the change in conditions and customs from the time of the predecessors and the followed imams, and with the abundance of harms resulting from that.

And he said: Even though al-Kasani claimed the consensus of the Companions in Bada’i’ al-Sana’i’ (3/363-364), citing incidents in which some of the Companions married their daughters when they were young; since it may be that the silent ones did not denounce those who did that, because the issue is one of ijtihad in which difference is permissible, and denial or obligation is not permissible in it. The mere fact that some of them did this, without mentioning those who disagreed with them, is not sufficient to prove their agreement. It is not necessary that some of the Companions married young girls, that all of the Companions agreed with them and approved their marriage.
I do not say this, nor do I prevent such a claim for the consensus of the Companions, except with the occurrence of disagreement since the time of the Followers. Especially since the basis for the statement that it is permissible to marry young girls from the texts of the Qur’an and Sunnah is conjectural evidence in its meaning, and there is no evidence with definite meaning in it. This disagreement that occurred since the generation of the young Followers testifies that if the issue was a consensus among the Companions, then these Followers would have been the first to know this consensus, and the first to stop at it and adhere to it. They were closer in time to the Companions, and they were even students of some of them, and they were more knowledgeable, and more forceful in their argument for the consensus of the Companions and in their glorification of the ugliness of their disagreement!

Quoted from the book (Mukhtasar Ikhtilaf al-Ulama) by al-Tahawi to confirm that what he quoted from Ibn Shabramah does not contradict what the rest of the scholars quoted regarding the invalidity of marrying minors.
726 - On the marriage of minors,
Bishr ibn al-Walid narrated on the authority of Abu Yusuf on the authority of Ibn Shabramah that the marriage of fathers to minors is not permissible.
http://shamela.ws/browse.php/book-62...e-624#page-623

The memorandum attached to the law determining the age of marriage in Egyptian law:

What the scholars of Islamic jurisprudence have agreed upon is that
if a minor boy or girl who is not rational enters into a marriage contract, the contract is void and cannot be approved, neither by their guardian nor
by them after reaching puberty. This is one of the basic principles of legislation; because any contract, whether it is a marriage contract
or otherwise, depends on understanding what is intended by it. If its custodian is not one of the people of understanding, then it is a futile
and frivolous act.
Likewise, what the Hanafi scholars have agreed upon is that after the minor boy or girl reaches puberty, no
one has the authority to force them to enter into a marriage contract; because puberty is a sign of maturity and the completion of reason,
and guardianship over them was due to the necessity of their inability to find what is right in
their affairs, and with puberty this inability is removed, and what was necessary for it is removed.
Islamic jurisprudence scholars have differed on the validity of their contract if they reach the age of discernment before
reaching puberty. Some of them consider the validity of the contract to be conditional upon the guardian’s approval, and some of them
consider it invalid and not conditional, as if they entered into the contract without discernment. The
Hanafi scholars said the first, and the Shafi’i scholars said the second.
They also differed on the validity of the guardian’s undertaking of their marriage contract by force before they reach puberty.
Some of them said that it is valid and generalized the guardian who has this right, making it the agnate according to the order
of inheritance. Some of them even added the rest of the relatives. Some of them limited it to the father and grandfather, and some of them
limited it to the father only. Some of them said that it is not valid for any person to undertake the contract by force,
citing as evidence the words of God Almighty: {And test the orphans until they reach the age of marriage} (An-Nisa’:
6). He made the age of marriage the age at which one is fit to take charge of his financial affairs, which is when
he reaches the age of puberty as an adult, and the words of the Prophet, may God bless him and grant him peace: (Do not marry an orphan girl until
you have consulted her). The orphan girl is someone who has not reached the age of puberty. As evidenced by his saying, peace and blessings be upon him:
(There is no perfection after puberty), he, peace and blessings be upon him, forbade marrying an orphan girl, and extended the prohibition
to asking her for help, and she is not fit to be asked for help except after puberty, so it is as if he said: until she reaches puberty.
And there are many signs of puberty: the most accurate of which is age, and the most extreme opinion in estimating it is that it is
eighteen years old, and this opinion was taken in financial guardianship, and therefore the age of maturity was determined
by reaching the aforementioned age.
From this we know that some scholars of Islamic law said that no
one has the right to force guardianship over a young boy or girl in the marriage contract, and that the maximum age of puberty is eighteen years.
And since the marriage contract has a great importance in the social situation
in terms of the happiness of domestic life, or its misery, and caring for offspring and neglecting them,
the prevailing situation has developed, such that domestic life requires great preparation; to
perform it well, and the husband and wife are not usually qualified for that before the age of financial maturity, so it is in
the clear interest to prevent marriage before that; Because if it is not permissible for them, before reaching the age of
financial maturity, to dispose of what is worth a few dirhams, even though the visible harm is limited
and not lifelong, then it is more appropriate and appropriate for them not to dispose of themselves by means of a marriage contract and its effects, whether
good or bad, which may not disappear throughout their lives.
Likewise, since the marriage contract is first and foremost the responsibility of the spouses, and they are the ones who
are directly affected by its results, so that they will either be happy or miserable, then it
is necessary that the choice be theirs, and their will be taken into consideration before any other will, and the will
of others has no right except to advise and consult, so that they do not prevent them from what they see as being in their best interest. It was
necessary that the age of marriage be linked to the age of financial maturity, for each of
the spouses. However, since the female’s constitution becomes firm and strong before the boy’s constitution becomes firm,
and what is necessary for the girl to be qualified for married life is made up for in a shorter time than what is necessary for the boy,
it was appropriate that the age of marriage for the female be linked to reaching sixteen years of age, and for the boy to reaching
eighteen years of age.
This is in addition to what is stipulated in the Sharia, that the ruler has the authority to allocate the judiciary
by time, place and incident. He may appoint a judge at a specific time and not another, in
a specific place and not another, and in one type of issue and not another, so that if the judge rules
on a matter that was not assigned to him, his ruling is invalid. He also has the right to order the hearing of a case in which
it was forbidden to hear it, and necessity may call for that.
Since the interest is clear in what we have stated, there is no legal objection to
adding a fourth paragraph to Article 101 of Law No. 31 of 1910, which reads:
(A marriage suit shall not be heard if the wife’s age is less than sixteen years,
and the husband’s age is less than eighteen years at the time of the contract, except by order of us), and adding
a second paragraph to Article 366 of the aforementioned law, which reads: (It is not permissible to directly conclude a
marriage contract or ratify a marriage based on a period before the implementation of this law, unless
the wife’s age is sixteen years, and the husband’s age is eighteen years at the time of the contract). Attached
to this is the aforementioned draft amendment.
Abdul Salam Ali .. Taha Habib Abdul Majeed Salim Inspector of Sharia Courts - Deputy of Beni Suef Court - Deputy of
Sharia Court Egypt Sharia

I agree that the Hanafi school does not prohibit this, as it stipulates that the judiciary
specializes in time, place, and incident.
... ... ... ... ... Abdul Rahman Qara'a ... ... ... ... Mufti of Egypt I looked at some Hanafi books, and I saw in them that the ruler has the right to assign a judgement by time , place and incident. ... ... ... ... ... ... Muhammad Abu al-Fadl ... Sheikh of al-Azhar Mosque http://shamela.ws/browse.php/book-69...3441#page-3441

Excerpts from the book “Setting the Age of Marriage (A Sharia Perspective)” by Prof. Khaled Al-Muslih:

Evidence of those who say that it is not permissible to set a marriage age and its discussion:
Those who say that it is not permissible to issue a law setting the age of marriage have cited several pieces of evidence, most of which are the evidence used by those who say that it is permissible to marry a young girl, and that there is no limit to the age of marriage, whether young or old. They said that setting a marriage age contradicts that legal evidence. Sheikh Abdul Mohsen Al-Abbad says: “It is not permissible to proceed with changing or amending what the Qur’an, Sunnah, and consensus indicate, regarding not setting a marriage age. Rather, what is obligatory is to submit and obey what the evidence indicates, without objecting to it or restricting it.”
The most prominent reason they relied on to prevent specifying the age of marriage is the following:

First: Specifying the age of marriage contradicts the consensus on the permissibility of marrying a minor girl, and whatever contradicts the consensus is invalid and rejected.
It was discussed from two aspects:
1. That there is no consensus on the original issue, which is the permissibility of marrying a minor girl, as the disagreement is transmitted, as mentioned above, from Ibn Shubrumah, Abu Bakr ibn al-Asam, and Uthman al-Batti from the earlier scholars. These jurists said that it is forbidden to marry a minor girl before puberty, and they specified the age of marriage as puberty. With this disagreement, there is no consensus.
2. If we accept that there is consensus; The discussion of the issue of issuing a law that specifies the age of marriage is not a violation of consensus, but rather a type of administrative organization to achieve interests and ward off harms. This has parallels in the field of Islamic politics, and we will elaborate on that soon. A group of contemporary scholars have issued fatwas on this, as mentioned above, such as the former Mufti of Egypt, Abd al-Rahman Qara’a, the Sheikh of al-Azhar, Abu al-Fadl, Sheikh al-Khudari, Sheikh Muhammad Rashid Rida, and al-Uthaymeen.

Second: Specifying the age of marriage and prohibiting marriage before that leads to the prohibition of what Allah has permitted, and it is not permissible to issue something that prevents people from what Allah has permitted for them. Sheikh Najib al-Muti’i states: “Specifying the age of marriage and prohibiting the commencement of the marriage contract before this specified age necessitates the prohibition of what is permissible, which the Lawgiver has encouraged and urged people to do, or the prohibition of the confirmed Sunnah, and both of these matters are sins according to the consensus of the Muslims.” Similar to this is what our Sheikh Abdul Aziz bin Baz - may Allah have mercy on him - said: “No one has the right to legislate other than what Allah and His Messenger have legislated, nor to change what Allah and His Messenger have legislated, because that is sufficient, and whoever sees otherwise has wronged himself and legislated for the people what Allah has not permitted.”
It was discussed that this law does not prohibit what Allah has permitted, but rather it is a restriction of what is permissible, in order to achieve benefits and prevent harm. Such a thing is not described as forbidden like all other prohibitions in Islamic law. Sheikh al-Islam Ibn Taymiyyah - may Allah have mercy on him - pointed this out when he mentioned that Omar approved the triple divorce with one word on the one who divorced, and he said: “As for the statement that the three divorces are binding according to Islamic law, like all other laws: there is no Islamic evidence for this.” Rather, it is a type of ijtihad to achieve benefits and prevent harm.

Third: The many harms that result from specifying the age of marriage, as this specification also misses out on the benefits that result from early marriage, especially in a time of rampant desires and many temptations.
Discussion:
It was discussed that setting a minimum age for marriage has both advantages and disadvantages, and that not setting a minimum age for marriage has both advantages and disadvantages. Sheikh Muhammad Rashid Rida said: “Whoever claims that any marriage before the age specified in the law is harmful has been disproved by medicine and the actual truth. Whoever claims that there is no harm in any of it is ignorant of reality or stubborn.”
Therefore, one aspect should not be given priority over another based on mere conjecture. Rather, there must be a number of specialists and experts in Islamic law, medicine, sociology, and family affairs to balance between these advantages and disadvantages and reach a unified opinion on which of them should be given priority. The words of many of them - despite the differences in their countries and specializations - have agreed to give priority to the disadvantages of marrying young girls over its benefits, and this will be explained.

Fourth: In enacting a law that specifies the age of marriage, in response to the suspicious global calls issued by organizations and bodies seeking to spread Western culture and corrupt Islamic societies, Sheikh Abdul Rahman Al-Barrak says - in the context of denying that -: “Rather, the call to prevent the marriage of young girls, and to legalize that by specifying the age of marriage for a girl at sixteen years or above, is an old call in the Arab countries, the first of which was ninety years ago, and several decisions were issued in that regard from a number of conferences: such as the International Conference on Population, Mexico, in 1404 AH, the World Conference on Equality, Development and Peace, Nairobi, in 1405 AH, the International Conference on Population and Development, Cairo, in 1415 AH, and the Fourth World Conference on Women, Beijing, in 1416 AH. Then he said: “The Commission’s move - that is, the Human Rights Commission in the Kingdom - to prevent the marriage of minors, and to organize a law for that, is nothing but an extension and implementation of what is common in the Arab countries. The matter is premeditated and planned, and it is part of the dependence on the West and the Westernized Arab countries.”
Discussion:
The prohibition of specifying the age of marriage was discussed as Westernization, as follows:
1. That this is not supported by evidence, as the subject of specifying it has been discussed for a long time, as a group of early jurists prohibited the marriage of a young girl before puberty, as mentioned above.
2. Even if we accept that this call came from the West, the fact that it is Western in origin is not a reason to reject it, without examining it with the balance of justice that balances interests and corruptions, and measures benefits and harms. The Prophet (PBUH) said to Abu Hurairah in the story of his guarding charity and the devil saying to him: When you go to bed, recite Ayat al-Kursi, and there will be a guardian from Allah over you, and no devil will come near you until morning: “He told you the truth, and he is a liar.” Al-Hafiz Ibn Hajar said: “Wisdom may be received by a wicked person but not benefit from it, and it may be taken from him and he may benefit from it.” So wisdom is the lost property of the believer, and he should hasten to it wherever he finds it, and this is the straight path indicated by the texts of the wise Shari’ah. In the issue of determining the age of marriage, which is the subject of the discussion, the claim that it came from the West was not a reason to reject it completely. This Sheikh Muhammad Rashid Rida - despite his frequent references to Westernization and Westernized people - did not reject determining the age of marriage in general, and he referred to Westernized people in the folds of his discussion of the subject. Despite this, he said, may God have mercy on him: “It is a fallacy to make the dispute in this law revolve between prohibiting the marriage of a young boy or girl absolutely and permitting it absolutely, for there is a middle ground between the two matters.”

Evidence of those who say that it is permissible to set an age and its discussion:
Warning: I will quote from the evidence for what was previously mentioned to avoid repetition. At the end of the topic is a link to the book for those who want to read the full text:
Fourth: The Shariah came in everything it commanded and prohibited - in creating and increasing interests, and in eliminating and reducing harms. Sheikh al-Islam Ibn Taymiyyah said: “The Shariah came to achieve and complete interests, and to eliminate and reduce harms.” Failure to do so is a slippery slope, as the Sheikh, may Allah have mercy on him, said: “Whoever does not balance what is in the legitimate interest and the legitimate harm in action and omission, may abandon duties and do forbidden things.” The harms of marrying young girls outweigh its benefits, with weak trustworthiness and attachment to this world. So setting an age for starting marriage is a means of preventing those harms. There is an analogy for this in the prohibition of Omar ibn al-Khattab, may Allah be pleased with him, of some of the Companions from marrying women of the People of the Book; Because he feared that it would lead to corruption. From the actions of Omar, what Sheikh al-Islam Ibn Taymiyyah mentioned becomes clear, where he said: “Even if the command and prohibition include achieving a benefit and preventing a corruption, then the opposition to it should be considered. If the benefits that are lost or corruption that is achieved are greater, then it is not commanded, but rather it is forbidden if its corruption is greater than its benefit.”
Discussion:
It was discussed that the corruptions that are said to occur “from marrying a young girl, this corruption is forbidden and prevents her marriage, and that is in a specific incident that does not require the prohibition of the general issue.”
Answer:
I answer that these evils cannot be controlled or verified, and they are not special cases, but rather they are in the majority of cases. Muhammad al-Uthaymeen (may Allah have mercy on him) said: “What appears to me from a disciplinary perspective at the present time is that the father should be prevented from marrying his daughter absolutely, until she reaches puberty and her permission is sought.” And if this is the case, then the treatment of it should be general, as the Commander of the Faithful, Umar ibn al-Khattab, did in the matter of triple divorce, where he said: “The people have rushed into a matter in which they had some patience; so why don’t we enforce it on them!” Therefore, Ibn Uthaymeen said: “There is nothing wrong with us preventing people from marrying women who have not reached puberty absolutely.”


Fifth: The marriage of minors, with its many obligations and repercussions, including rights and duties, pregnancy and childbirth, and marital problems, is a source of life pressures that result in many harms, whether from a medical, psychological, social, educational, or behavioral perspective. Many have elaborated on these harms, and relied on reports from committees that studied these effects, and the foundation of Sharia on preventing harm. In the hadith, the Prophet said: “There should be neither harm nor reciprocating harm.” The following is a reference to the most prominent things that have been said about this:
From the medical and psychological perspective - and some of the predecessors mentioned it about a hundred years ago - Sheikh Al-Khadri said: “More than that, experienced doctors decided that this meeting has harmful effects, which are not easy to explain in the pages of newspapers. I heard a lot of them and it pained me to hear them.” This is what the committee formed by the Ministry of Health in the Kingdom of Saudi Arabia in 1429 AH concluded to study the health effects resulting from the marriage of minors: “The marriage of minors is one of the main factors that contribute to the emergence of health and psychological problems, which leads to an increase in diseases in the family and society, and thus constitutes an economic burden on the health system.”

From a social perspective, a young girl is not able to perform the care assigned to a woman in her husband’s house, as the Prophet said: “A woman is a shepherdess in her husband’s house.” “What calls for more mercy in this matter is the situation of girls; since it is known that the husband and wife are partners in forming and managing families (houses). At the age when children are excused from wasting their time playing in the alleys, a girl at her age is busy performing one of the most difficult jobs in the eyes of human society, which is being a mother and managing the affairs of a family. And if a poor girl whose physical growth has not been completed becomes a mother, her nerves will weaken until the end of her life, and she will suffer from various ailments, and the child she gives birth to will be weak (scrawny and emaciated) and overcome by a nervous temperament.”
From an educational perspective, “this marriage is usually accompanied by the girl leaving her studies and devoting herself to her life, and this in itself is considered a first shock in her life, and a destructive factor that affects her future.”
More mercy in this matter is the case of girls; as it is known that the husband and wife are partners in forming and managing families (houses). At the age when children are excused from wasting their time playing in the alleys, the girl is at her same age busy performing one of the most difficult jobs in the eyes of human society, which is being a mother and managing the affairs of a family. And if a poor girl whose physical growth has not been completed becomes a mother, her nerves weaken until the end of her life, and she gains various ailments, and the boy she gives birth to is weak (weak and emaciated) and overcome by a nervous temperament.”
From an educational perspective, “this marriage is usually accompanied by the girl leaving her studies and devoting herself to her life, and this in itself is considered a first shock in her life, and a destructive factor that affects her future.”

Discussion:
These numerous harms were discussed, whether from a medical, psychological, social, educational, or behavioral perspective, as not being accepted, and that all the harms mentioned are unnecessary and subject to discussion. Sheikh Muhammad Bakhit al-Muti’i said: “As for what they said, promoting the determination of the age of marriage, that marriage at a young age results in the harms they mentioned, and harms the health of the young boy and girl; this is not accepted; Because no Muslim has said that marriage is harmful, neither in childhood nor in adulthood. Doctors differ as to whether it is better to marry early or late, and their differences cause doubt in their statements, although no sane person can say that the mere occurrence of a marriage contract causes harm to the health of the young boy or girl. Rather, what is imagined to be said is that it is only in intercourse, and as for the contract, nothing results from it at all, so there is no reason to specify an age for it.
Answer:
I answer that it is not possible to completely deny the harm resulting from marrying young girls, and the most just thing that has been said about it is what the scholar Muhammad Rashid Rida (may Allah have mercy on him) commented on when he said: “Whoever claims that every marriage before the age specified in the law is harmful; Medicine and reality have proven it wrong. Whoever claims that there is no harm in any of it is either ignorant of reality or stubborn.” If this is the case, then what is required is to balance the benefits and harms, the advantages and disadvantages, and to take the more likely and predominant of the two.

Sixth: Determining the age of marriage can be included among the actions and measures of the guardian, by which he establishes justice, achieves interests and prevents corruption, as people can “invent a matter that the principles of Sharia require other than what they required before that matter occurred.” Imam Malik said: People will create cases according to the amount of immorality they have committed. In the biographies of the Rightly-Guided Caliphs, there is that which is suitable to be a principle to be built upon and a foundation from which to branch out; and many of them occurred during the time of the Commander of the Faithful, Umar ibn al-Khattab, during whose reign most of the countries were conquered, the nation expanded, matters became new and conditions changed, so what Malik said was true. Related to this in family matters is his counting the triple divorce with one word as three, after two years of his rule, contrary to what was the case during the time of the Prophet (PBUH) and the time of Abu Bakr. He explained this by saying: “People have rushed into a matter in which they had patience, so why don’t we enforce it on them!”

Seventh: Determining the age of marriage will prevent the injustice of young girls by marrying them to those who are not suitable, to achieve material or other interests, whether present or deferred. Thus, determining the age of marriage is included in the principle of blocking the means, which are permissible means if they often lead to something forbidden; knowing that the matter is not limited to preventing injustice only, but also to preventing much of the corruption that occurs due to this type of marriage.

Eighth: Determining the age of marriage has many counterparts in the issued and enforced regulations. Eighth: Determining the age of marriage has many counterparts in the issued and enforced regulations regarding marriage, and this has been considered a regulation in effect in the courts for many years, including the regulation of the marriage of a non-Saudi to a non-Saudi woman, and the same applies to the marriage of a non-Saudi to a Saudi woman, and in preventing categories from marrying non-Saudi women completely, and many restrictions included in the circulars, including what was stated in them: “It is not permissible for a Saudi man to marry a non-Saudi woman, if he is from the following categories,” and these regulations were not met with any of the objections that were directed to regulate the age of marriage.

The preference
that appears from these two statements is that it is permissible for the guardian to set the beginning of the age of marriage, in an organizational manner, in order to achieve the interests of the nation, prevent corruption, and achieve justice, because God “has made clear, through the methods that He has legislated, that His purpose is to establish justice among His servants, and for people to act in equity. So any method by which justice and equity are extracted is from the religion, and does not contradict it.” The fact that this organization is called a law, a codification, or any other modern name does not make it any less permissible, as names do not change facts. Ibn al-Qayyim, may God have mercy on him, says: “It should not be said that just politics is contrary to what the Shari’ah has stated, rather it is in accordance with what it has brought, and it is even a part of its parts. We call it politics according to their terminology, but it is the justice of God and His Messenger.”
In the event that there is a need for marriage before the age specified by the system, the guardian may submit a request to a competent authority to consider these requests and their justifications, and to verify that he is achieving the interest of the minor and protecting her. This exception is in effect in family laws in many Arab and Islamic countries. The systems and laws have left the door ajar to address cases that the competent authorities deem to be exempt from the limitation. This is what was included in the recommendations of the committee formed in the Kingdom of Saudi Arabia, from the Ministry of Interior, the Ministry of Justice, the Ministry of Islamic Affairs, and the Ministry of Social Affairs, where it recommended the following: “1- Limiting permission for the marriage of a girl under the age of sixteen to the competent courts.”  Muhammad al-Uthaymeen stated that if a young girl is married for the sake of her guardian’s interest, then he has the right to choose between continuing or separating. He said, may Allah have mercy on him: But if we assume that the man finds that this suitor is suitable, and he is old, and he fears that if he passes away, the girl will be under the guardianship of her brothers, who will manipulate her and marry her off according to their whims, not according to her interest, then if he sees that it is in the interest of her to marry her off to someone suitable, then there is nothing wrong with that, but she has the choice when she grows up; if she wishes, she can say: I do not accept this and I do not want it. If that is the case, then it is safer for him not to marry her, and to leave her to God.”
http://www.almosleh.com/ar/index-ar-library-9.html

Age of marriage:
Quote the following from Dr. Khaled Al-Muslih:
The legal age of marriage has become the most widespread in the laws and regulations of countries, which is the age of eighteen. What wisdom requires is that the determination should take into account what achieves the interest and prevents corruption, and this varies according to countries, environments, peoples, and other influential factors. What is meant is that when determining the age of marriage, all influential considerations should be taken into account, and one should not be influenced by the call of organizations or bodies that do not take these differences into account, as each country has its own characteristics that should not be neglected. It caught my attention that Spain, one of the European Union countries, maintains that the legal age of marriage is fourteen years, despite demands from several parties to raise it. The answer of the Spanish Minister of Health, Leri Pachín, was: “Spain will maintain the legal age of marriage at 14 years.”
As for the age recommended by the Saudi committee, formed by the Ministry of Interior, the Ministry of Justice, the Ministry of Islamic Affairs, and the Ministry of Social Affairs, it is sixteen years.
What appears to me to be the most correct of the definitions is to set the age of marriage at the age of puberty for both males and females, which is fifteen years , for the following reasons:

First: The age of fifteen is the closest of the sayings in determining the age of puberty ([The jurists differed in determining the age of puberty, after agreeing that age is generally one of the signs of puberty.]), the jurists, may God have mercy on them, differed in determining the age of puberty, after agreeing that age is generally one of the signs of puberty, so the furthest I have come across in determining the age of puberty is nineteen years, which is a saying of the Hanafis and Malikis, and in another saying it is fifteen years, which is the saying of the two companions of Abu Hanifa ([See: Al-Bahr Al-Ra’iq Sharh Kanz Al-Daqa’iq (8/96)]), and a saying of the Malikis ([See: Al-Sharh Al-Kabeer by Al-Dardir (3/293)]), and it is the doctrine of the Shafi’is and Hanbalis ([See: Sharh Minhaaj Al-Talibin (1/99), Kashshaf Al-Qina’ (6/454)]. This is the age that God has made a dividing line between childhood and adulthood, and has established rulings on it, and made it the age of marriage, as God Almighty said: “And test the orphans until they reach the age of marriage. Then, if you perceive in them sound judgment” (Surat An-Nisa, verse (3)).

Secondly: It is the age at which the natural inclination of a man towards a woman and a woman towards a man begins. Therefore, Allah has made it a condition for seeking permission, in order to protect one’s private parts. He said: “O you who have believed, let those whom your right hands possess and those among you who have not reached puberty ask your permission three times” (Surat An-Nur, verse (57)). He also said: “And when the children among you reach puberty, let them ask permission” (Surat An-Nur, verse (58)). And puberty is “puberty and the state of marriage” ([ [Tafsir al-Qurtubi (5/34)].

Third: Delaying this age deprives the one who wishes to marry his female ward after the obligation has been fulfilled, which is the need for marriage. Fourth

: This age has its own clear justifications that distinguish it, unlike other definitions, and what is said about the nature of the stage and the fluctuations that befall it is a matter that all the aforementioned definitions share.

In the sixth part of the book Al-Mufassal fi Ahkam Al-Mar’ah wa Al-Bayt Al-Muslim fi Al-Shari’ah:
http://waqfeya.com/book.php?bid=2676
Dr. Abdul Karim Zaidan preferred that it be recommended that a father not marry off his young daughter until she reaches
the age of Attached file 15078

 

 

Ibn Uthaymeen said in the book Al-Sharh Al-Mumti’ about the father forcing his virgin daughter to marry:

His statement: “And the virgin, even if she is of legal age,” means that it is permissible for the father of the virgin to marry her, even without her consent, even if she is of legal age, i.e., an adult of sound mind.
His statement: “even if she is of legal age” indicates a disagreement. If her father says to her: I want to marry you to so-and-so, and she says: No, I do not want so-and-so explicitly, he says: I will marry you and I do not care, and he forcefully takes her even if she does not want him, because she is a virgin, even if she is of legal age, sound mind, intelligent, and knows what benefits her and what harms her, and her mind is a thousand times greater than her father’s mind. Their evidence is that the father of Aisha bint Abi Bakr, may Allah be pleased with them both, married her to the Prophet, may Allah bless him and grant him peace, when she was six years old, and the Prophet, may Allah bless him and grant him peace, consummated the marriage with her when she was nine years old.
We say to them: This is a correct and proven proof, but your use of it as evidence is incorrect. Did you know that Abu Bakr - may God be pleased with him - asked Aisha - may God be pleased with her - for permission and she refused?!
Answer: We do not know that. Rather, we know for certain that if Aisha (may Allah be pleased with her) had asked her permission, she would not have refused. The Prophet (blessings and peace of Allah be upon him) gave her the choice as Allah commanded him: {O Prophet, tell your wives, “If you desire the life of this world and its adornments, then come, I will provide for you and release you with a gracious release.”} That is, with kindness, good treatment, and some money. {But if you desire Allah and His Messenger and the home of the Hereafter, then indeed, Allah has prepared for the doers of good among you a great reward.} [Al-Ahzab].
The first to start with it was Aisha (may Allah be pleased with her) and the Prophet (peace and blessings of Allah be upon him) said to her: “Consult your parents about this and consult them.” She said: O Messenger of Allah, is it in this that I should consult my parents?! I want Allah and the Hereafter. If someone like her were asked for permission for the first time to marry the Messenger (peace and blessings of Allah be upon him), would she say: No?! Certainly not, and this is like the sun. Is there any evidence for them in this hadith? There is no evidence in it. So if someone says: If she is young, her permission is not required, unlike an adult.
We say: You say: “Even if she is accountable,” meaning: She is an adult, sane, and one of the best people in terms of reason, and she is twenty or thirty years old, so her consent is not required. You have no evidence for this hadith.
Then we say: We agree with you if you bring the likes of the Messenger of Allah (peace and blessings of Allah be upon him) and Aisha (may Allah be pleased with her). Is it possible for them to come up with that?! It is not possible. So we say: Glory be to Allah the Almighty, how can we accept this evidence that is not evidence?! We have evidence from the Qur’an, in the words of Allah the Almighty: {O you who have believed, it is not lawful for you to inherit women against their will} [An-Nisa’: 19]. In the pre-Islamic era, if a man died leaving a woman, his cousin would marry her against her will.
There is clear and authentic evidence from the Sunnah, which is the generality of his statement, peace and blessings be upon him: “Do not marry a virgin until you have asked her permission,” and the specificity of his statement: “And the father of a virgin should ask her permission.” So if we say that her father has the right to force her, then asking her permission becomes useless. So what is the benefit in saying: Do you want us to marry you to this man, and you say: I do not accept, this is a wicked man, or a suitable man but I do not want him, and it is said: You are forcing?! This is contrary to the text.As for the consideration, if the father does not have the right to sell an iron ring to his daughter without her consent, how can he force her to sell her ring?! This is more appropriate, rather I will give an example closer to this, if a man asked this woman to hire herself for two days to sew clothes, and she is with her family and she does not accept, does her father have the right to force her to do so, even though this hiring will only take two days of her time and she is also with her family? The answer is: No, so how can he force her to marry someone with whom she will be in misery from the contract until the separation?! Forcing a woman to marry is contrary to the transmitted text and to the visible mind.
If someone says: His saying: “He asks her permission” indicates that the woman has an opinion, so we do not make the ruling specific to the young girl, and we say: The accountable woman is not forced, but the young girl is forced.
We say: What benefit does the young girl have in marriage?! Is this not a disposition of her private parts in a way that she does not know what its meaning is?! Let us wait until we know the interests of marriage and know what is meant by marriage, then we marry her off, because the interest is her interest.
So the most correct opinion is that the consent of a virgin who is not accountable is required. As for a virgin who is not accountable, that is, one who has reached nine years of age, is her consent required or not? The correct opinion is also that her consent is required, because a nine-year-old girl has begun to feel her desires and sense marriage, so her permission is required. This is the choice of Sheikh al-Islam Ibn Taymiyyah, may Allah have mercy on him, and it is the truth.
As for one who is younger than nine years of age, is her permission considered? They say: One who is younger than nine years of age does not have valid permission, because she does not know anything about marriage, and she may give permission knowingly, or she may not give permission, because she does not know, so her permission is not considered. But is it permissible for her father to marry her off in this case?
We say: The basic principle is that it is not permissible. Because the Prophet, may God bless him and grant him peace, said: “Do not marry a virgin until you ask her permission.” This is a virgin, so we should not marry her until she reaches the age at which she is eligible to ask her permission, then she asks her permission. http://shamela.ws/browse.php/book-10...4781#page-4778

 

(184) What they said about a man who marries a girl or marries her (4/17 ) Ad-Dahhak bin Mukhallad narrated to us from Ibn Jurayj from Ibn Tawus from his father that he disliked marrying two young boys. Ibn Ulayyah narrated to us from Yunus that he did not like marrying young boys. Book: Al-Musannaf fi al-Ahadith wa al-Athar by Abu Bakr Abdullah bin Muhammad bin Abi Shaybah al-Kufi http://islamport.com/d/1/mtn/1/114/4225.html It is preferable that it is Yunus bin Ubayd because Ibn Ulayyah narrated from him and Allah knows best: http://library.islamweb.net/newlibra...k_no=60&flag=1 http://library.islamweb.net/newlibra...k_no=60&flag=1 http://library.islamweb.net/newlibra...k_no=60&ID=637

If we say that the prevailing opinion in the issue is the opinion of the majority regarding the permissibility of marrying a minor, then there is no objection to adopting the weaker opinion (improperty) due to the many harms that result from that which outweigh its benefits, as previously detailed. And when the prevailing opinion is the opinion of impermissibility,

Professor Mustafa Ahmad Al-Zarqa said: Islamic ijtihad has approved for the general guardian of affairs, whether a caliph or someone else, to limit the scope of some of the legal rulings and their application, or to order the implementation of a weak, weak opinion if the temporal interest requires that, so it becomes the stronger opinion that must be implemented, and our jurists have stated this, in accordance with the rule of (the interests sent), and the rule of (the rulings change with the change of time). The texts of the jurists in various chapters indicate that if the ruler orders something in a subject of ijtihad - that is, one that is open to ijtihad and does not conflict with definitive texts in the Shari’ah - then his order must be respected and implemented according to the Shari’ah. If he prohibits some contracts for an urgent interest that must be taken care of, and those contracts were permissible and valid according to the Shari’ah - then they become invalid as a result of his prohibition, and are suspended according to the order.
http://www.alifta.net/Fatawa/FatawaS...&MarkIndex=3&0

The Tabi'i Imam Jabir bin Zaid considered it forbidden to marry minors:
because they do not have reason and are not addressed, and he considered the Prophet's marriage to Aisha to be a special case for him (Ibn Baraka narrated it from him).
(See the book Idah al-Bayan fi Nikah al-Sibyan) and see
http://www.taddart.org/?p=12767#_ftn46

and in the book Al-Fiqh al-Islami wa Adillatuhu by Al-Zuhayli:
The prohibition of marrying a boy and a girl according to Jabir bin Zaid, and the practice in the school of thought is contrary to it.
http://islamport.com/w/fqh/Web/1272/43.htm
and see the master's thesis of Khader Saleh Salamah in the jurisprudence of Ibn Shirma in the Faculty of Sharia at the University of Jordan in the attached image

Note: The innocence of Imam Jabir bin Zaid from the Ibadi school of thought
https://islamqa.info/ar/270673


Sheikh Abdul Mohsen Al-Abbad said in his explanation of Sunan Abi Dawood. Chapter on what was said in the swing (Explanation of the hadith of Aisha in the story of her marriage to the Prophet,
may God bless him and grant him peace): Our Sheikh, Sheikh Abdullah Al-Khulaifi, may God have mercy on him, did not see the marriage of a young girl, and when he was asked about that, he said an impossible word: If a prophet comes to you asking for your daughter’s hand in marriage, then marry her to him. This is something impossible that will not happen, and it will not happen as happened to Abu Bakr.
http://audio.islamweb.net/audio/inde...audioid=173573

The purpose of this transmission is to clarify that there are those who disagreed among the earlier and later generations whose disagreement was not well-known, and the possibility that there are those who disagreed and we were not informed.

Sheikh Nasr Farid Wasil, the former Mufti of Egypt, said that he supports setting a specific age for girls to marry, as it tends to be eighteen years old, at which age the girl can choose and depend on herself, calling for the need to expedite this.

Sheikh Abdullah bin Mani’, a member of the Council of Senior Scholars, said that he supports setting the age of marriage at the age of puberty without a specific age, and anything below that should be under the supervision of a judge
http://okaz.com.sa/article/527008/

- Sheikh Muhammad Al-Ahmadi Abu Al-Nour - may God have mercy on him - a member of the Council of Senior Scholars and former Minister of Endowments of Egypt said:
- The ruler has the right to restrict what is permissible for which there is no definitive text, and this applies to the marriage of minors. Therefore, the ruler has the right to enact legislation setting the age of marriage according to what he sees as the public interest, while taking into account the interest of the minor.
- He added: "It is the right of the guardian or his representative to enact legislation setting the age of marriage according to what he sees as the public interest, but within limits so as not to cause harm to the girl."
- Abu Al-Nour rejected the opinion of those who say that the marriage of minors is permissible based on the marriage of the Messenger of God, may God bless him and grant him peace, to Lady Aisha, may God be pleased with her; Explaining that the circumstances have changed and it is the right of the ruler in light of his correct reading of reality and combating corruption or the arbitrariness of the fathers of young girls to restrict what is permissible.. and obedience to the guardian here is obligatory; because he did not make permissible what is forbidden nor forbid what is permissible, and also there is a text in it and nothing in imposing penalties for those who deviate from the legislation he enacted

http://repository.aabu.edu.jo/jspui/... Marriage age.doc
http://blady2day.blogspot.com.eg/201...g-post_27.html

Fatwa of the Egyptian Dar Al Iftaa on the issue:

What is your opinion on the issue of marrying off a young girl and setting a minimum age for marriage, whether or not it is permissible?

Answer: Fatwas of the Fatwa Secretariat

Islam took into account the innate instincts in man; it did not suppress them and did not base the matter of religion on monasticism. At the same time, it legislated marriage and raised its status; to keep people away from exploiting instinct and panting after lust, and to establish the dignity of women and raise their status. It established the marital relationship on affection and mercy, and in order for that to continue, it took into account harmony and compatibility between the spouses. The jurists spoke about the condition of compatibility between the spouses, and they differed in its details - which may differ according to circumstances, times, places, customs and cultures - but they did not differ in the origin of its legitimacy; the necessity of it being an important reason for the occurrence of affection, mercy and mutual respect between the spouses and a factor that helps in fulfilling the reciprocal rights between them. Thus, achieving the origin of compatibility in the marriage contract is a legal requirement and a religious purpose. If a girl is married to an unsuitable man without her consent, she has the option of annulling the marriage according to most jurists.

Here we are faced with a serious social problem, the manifestations and practices of which lack the meaning of a sound marriage and the elements of its continuation. Starting with the mediation method in which underage girls are displayed together for the man to choose the one he likes from among them in a cheap way that is all a violation of dignity and the abolition of humanity as if they were concubines, slave girls or goods that are bought and sold, with everyone knowing that this is a temporary enjoyment, similar to disguised prostitution, and passing through the sexual mistreatment of the one who married her, and ending with his departure from her, which she is aware of in advance without guaranteeing her rights or the lineage of her child who may be in her womb from this man, so that she is then displayed with those other girls who are displayed again to a new man... and so on... to begin a new cycle of this dirty exploitation of our girls who have no power or strength, without considering the end of the waiting period or otherwise, with the psychological and social harms that this entails, and the threat to social security that it brings, and the poor street children that it produces who do not know their lineage or fathers; To become time bombs that threaten social security and peace.
If rational people do not disagree that such a type of marriage is pure harm on the individual and social level, and that it lacks the minimum standards of competence and even human dignity in marriage, then the rules and provisions of Islamic law are sufficient to prevent it, deter its practitioners, criminalize mediation in it, and even cancel the father’s guardianship over his minor daughter if he throws her into this mire of sexual exploitation and material gain at the expense of her dignity and rights.

The jurists have stipulated that competence is an inherent right for the woman that she may not be forced to drop or compelled to give up. Then some of them made it a condition of the marriage contract that is void without it, and some of them correct it and give her the right to annul it if she reaches puberty, meaning that they agree that it is a condition of marriage; either in its conclusion or in its binding nature, as the contract without it is between invalidity and the possibility of annulment. If some jurists have made age one of the characteristics of competence between the spouses; They did not make the old man a match for the young woman - as Imam Al-Ruwayani of the Shafi’is confirmed.

Al-Shahab Ahmad al-Ramli al-Shafi’i said in his commentary on Asna al-Mataleb Sharh Rawd al-Talib by Shaykh al-Islam Zakariya al-Ansari (3/139, Dar al-Kitab al-Islami edition): [Al-Ruwayani said: An old man is not a match for a young woman, nor is an ignorant man a match for a scholar. The author of al-Ruwaydih said: This is weak. He said in al-Anwar: This weakening of the ignorant man and scholar is weak, because if the knowledge of the fathers is an honor for the children, then how about their knowledge? And because the profession is taken care of in the wife, although it is not equal to knowledge. Al-Ruwayani, the commentator on al-Juwayni’s Mukhtasar, and others have agreed with this statement. Our Shaykh said: What is relied upon is what is in al-Anwar.] End quote. And

although the Shafi’i school of thought has confirmed this statement, and the majority also disagreed with it, then such a type of marriage of minors cannot be disputed as lacking in compatibility in general and in detail. And if the Shari’ah has given the minor an independent financial responsibility, and has made the guardian’s disposal of his money subject to the interest; So that it is not permissible to dispose of his money except in a way that is purely beneficial to him, because considering the interest in his marriage is more certain and more obligatory, because honor is more valuable than money.
Imam al-Nawawi al-Shafi’i said in “al-Minhaaj”: [Both opinions apply to a father marrying off a young virgin or an adult who is not a suitable match without her consent. The more apparent opinion is that it is invalid, and the other opinion is that it is valid, and the adult has the option, and the young girl has the option if she reaches puberty] End quote.
Al-Allamah al-Khatib al-Sharbini al-Shafi’i said in his commentary on it “Mughni al-Muhtaj” (3/164-165, Dar al-Fikr edition): [(The more apparent opinion) is that the aforementioned marriage is invalid because it is contrary to envy, because the guardian of the money cannot dispose of it without envy, so the guardian of the sexual intercourse has more right] End quote.

Islam made the father the original guardian of his daughter because the natural instinct with which he was created calls him to have compassion for her, and to choose someone who suits her, and pushes him to work for her interest, security, and safety. However, if the daughter is a minor, some jurists believe that it is not permissible to marry her off. This is the opinion of Imam Uthman al-Batti - narrated by Imam al-Kasani al-Hanafi in “Badai’ al-Sanai’” (2/240, Dar al-Kitab al-Arabi edition) - and it is also the opinion of Imam Ibn Shabramah and Abu Bakr al-Asamm - narrated by Imam Abu Bakr al-Jassas in “Ahkam al-Qur’an” (2/346, Dar Ihya’ al-Turath al-Arabi edition) and Imam al-Sarakhsi in “al-Mabsoot” (4/212, Dar al-Ma’rifah edition) - and their evidence for this is the saying of God Almighty: “And test the orphans until they reach the age of marriage.” “If you perceive in them sound judgment, release their property to them.” [An-Nisa’: 6] [If marriage before puberty were permissible, there would be no benefit in this; because the guardianship over the young girl is established due to the need of the one under guardianship; even in cases where the need is not realized, guardianship is not established; such as donations, and there is no need for them to marry; because the purpose of marriage is naturally to satisfy desire, and in the Shari’ah, offspring, and being young contradicts both of them. Then this contract is concluded for the age and its rulings are binding upon them after puberty, so no one has the right to bind them to that; because no one has guardianship over them after puberty] End quote from Imam Al-Sarakhsi in “Al-Mabsoot” (4/212).
This opinion was used by Egyptian law to determine the age of marriage and prevent the hearing of the lawsuit if the age of one of the spouses did not reach the specified age, but it did not prevent the validity of the marriage, as Sheikh Muhammad Abu Zahra indicated in his book “Personal Status” (p. 109).

The majority of jurists permitted the father (and his guardian according to the Malikis and Hanbalis) to marry off his minor daughter due to his complete compassion that his nature calls him to. Imam Ibn Abd al-Barr al-Maliki said in “al-Kafi” (1/235, Dar al-Kutub al-Ilmiyyah edition): [A man may marry off his young son on the basis of looking at him, and this is not the case for anyone other than the father among the guardians. According to Malik, the guardian has the right to marry off the child on the basis of looking at him, just as the father has] End quote. Imam Ibn Qudamah al-Hanbali said in “al-Mughni” (7/49, Cairo Library edition): [No one other than the father or his guardian has the right to marry off the boy before he reaches puberty] End quote. The Shafi’is also added the grandfather; Because he is a father when the father is missing, but they did not permit that for anyone other than the guardians. Imam Al-Mawardi Al-Shafi’i said in “Al-Hawi” (9/52, Dar Al-Kutub Al-Ilmiyyah edition): [As for young virgins, fathers have the right to force them to marry; the father marries his young virgin daughter without taking her choice into consideration, and the contract is binding on her when she is young and after she grows up, and likewise the grandfather, no matter how high, takes the place of the father in marrying the young virgin if the father is missing] End quote.
The Hanafis expanded on that and made it for the agnates as well, and the jurists called it “the guardianship of compulsion,” and the basis for its establishment is: compassion that motivates one to be keen on the interest of the one under guardianship, and taking care of his affairs when he is a minor and in the future of his life, and good opinion and choosing the aspects of benefit for him, and if that is absent, then he has no guardianship; because the ruling revolves around its cause, whether it exists or not.
As for the majority, they stipulated justice in the guardian; According to them, guardianship is not established for the immoral father, and they have decided that marrying the girl to someone who is not suitable is one of the signs of the guardian’s immorality.
The Hanbali scholar Al-Buhuti says in “Kashaf Al-Qina’ ‘an Matn Al-Iqna’” (5/68, Dar Al-Fikr edition): “(It is forbidden) for the woman’s guardian (to marry her to someone who is not suitable without her consent); because it is harmful to her and brings shame upon her, (and the guardian commits immorality by it), i.e. by marrying her to someone who is not suitable without her consent (the guardian), I said: If he did it intentionally] End quote.

As for the Hanafis, they stipulated that for the contract of compulsory guardianship to be valid, he must marry her to someone suitable with a dowry similar to hers. If he marries her to someone who is not suitable or without a dowry, the contract is not valid; with a difference in their expressions between those who say it is invalid and those who say it is separate. All of this is if the father’s poor choice is not known to be frivolous or immoral. If it is known, the contract is not valid by consensus.
It is stated in “Al-Fatawa Al-Hindiya” in the jurisprudence of the Hanafi masters (1/294, Bulaq edition): [If he marries his young son to someone who is not a suitable match; by marrying his son to a female slave or his daughter to a male slave, or marries him with gross fraud; by marrying his daughter and reducing her dowry, or marrying his son and increasing his wife’s dowry: it is permissible. This is according to Abu Hanifa, may God have mercy on him, as stated in “Al-Tabyeen”. According to them, it is not permissible to increase or decrease except in a way that people are deceived by. Some of them said: As for the origin of the marriage, it is valid, and the most correct view is that the marriage is invalid according to them, as stated in “Al-Mudamrat”. They agreed that this is not permissible from anyone other than the father and grandfather, nor from the judge, as stated in the fatwas of “Qadi Khan”. The disagreement is if the father’s poor choice is not known to be insane or immoral. However, if this is known from him, then the marriage is invalid by consensus] End quote.
There is no doubt that such a method of marriage, in which there is no consideration for compatibility, and even lacks the slightest indicators of respect for humanity, is one of the clearest evidences of the guardian’s immorality. The jurists have stated - as mentioned above - that a father marrying his daughter to someone who is not compatible makes him immoral, and the immoral person is one who has lost his justice and his guardianship is not permissible according to the majority of scholars, so he is considered non-existent; that is, his presence in the marriage contract is as if it does not exist, so his guardianship is thus dropped according to the majority of scholars due to his immorality, so the contract is invalid.

His guardianship is also dropped according to the Hanafi school of thought due to the clarity of the licentiousness and immorality in his choice, as he changed from the meaning of guardianship - which is established for him on the basis of natural compassion that motivates him to be keen on the interest of his ward and to look after her in her childhood and future, and to have good judgment and choose the aspects of benefit for her - to a greedy person who has no connection to any of these meanings, and the emotion of fatherhood has been erased from him so that he and her mother have turned into a deaf machine whose concern is to collect money at the expense of their daughter’s dignity and security without giving any weight to interest, religion, morals, or custom. Rather, neither of them made a choice at all. Rather, they offered their daughter as a slave or as a commodity that could be bought and sold to that man among the girls who were offered to him, and they approved of her marriage in this humiliating manner, knowing all the warnings and dangers that surrounded that, and they added to that by ignoring their daughter’s call for their help and her cry for help from them against the sexual mistreatment she received from those who afflicted her, and even threatened to commit suicide because of her, as her guardian did not meet the description for which the Shari’ah established him as a guardian.

Based on that: we choose, and the situation is as we explained from the schools of the imams that confirm that we tend to invalidate this type of marriage contract due to the lack of the real conditions and pillars of marriage; as no one would marry his daughter into such a path except a wicked person who is clearly immoral and has lost his justice, so it is a marriage without a guardian who is recognized by the Shari’ah; therefore, it is invalid.
We also tend to consider these incidents, due to their consequences, as sexual exploitation, for which the perpetrator, the parents, the intermediary, and everyone who facilitated it or sought to complete it in this manner, which is not acceptable to God, His Messenger, may God bless him and his family and grant them peace, or the believers, should be punished. And God knows best.

http://dar-alifta.org/f.aspx?ID=330478

Al-Azhar Gate Statement on the Issue of Underage Marriage:

Islam’s Position on Underage Marriage

The principles on which the case is based: The general principle in the case: When presenting this case, it must be taken into account that it is something that changes with the change in customs and people’s conditions, and that what was permissible in one time may be reprehensible in another. Accordingly, involving religion and making it a sword hanging over people’s actions and customs in such a case is considered trafficking in it. It must also be understood that Islam is not a religion that buries its head in the sand like an ostrich and does not deny its heritage and history, but rather places them in their proper place and takes their considerations into account. Otherwise, how would the situation be if we said that Islam forbids the marriage of minors while our ancestors, Muslims and others, married minors?! This is a type of ruling on the prohibition of their marriage and its invalidity, and there are obvious evils in that.

Second: The principles specific to the marriage of minors:

Jurists agreed that marriage is absolutely permissible and lawful in terms of its legitimacy.
There is a difference in Islamic heritage between marriage as a contract and marriage as consummation.
Jurists agreed on the permissibility of restricting what is permissible for a legitimate and preponderant interest.
The guardian’s intervention in restricting the age of marriage is a matter of dispute among jurists.

Fatwa details: (A) Regarding the legitimacy of marriage, the jurists agreed on its legitimacy in the Qur’an, Sunnah and consensus. From the Qur’an, Allah the Almighty says: {Then marry women of your choice, two or three or four} [An-Nisa’: 3]. And He the Almighty says: {
And marry those among you who are unmarried and those of your male slaves and female slaves who are righteous} [An-Nur: 32]. From the Sunnah, the Prophet (peace and blessings of Allah be upon him) said: {O young people, whoever among you can afford to get married, let him get married} Narrated by Al-Bukhari. Muslims unanimously agree that marriage is permissible and is a Sunnah of the Messengers, legislated from the time of Adam, peace be upon him, to the Seal of the Prophets, may God bless him and grant him peace. God Almighty said: {And We had certainly sent messengers before you, and made for them wives and offspring.}

(b) The difference between the contract and consummation: The word marriage and its derivatives or marriage from the young girl are mentioned in the heritage books with two meanings:The first: the process of conducting the contract, in which the jurists explain that it is not permissible for the man to have intercourse with this young girl to whom he has been contracted until she reaches puberty and is able to bear the consequences of this relationship.The second: consummation of the marriage with the wife and her intercourse with her as husbands do and her bearing the consequences of this marriage, which is also expressed by the word construction.Thus, the jurists were the first to organize dealings with young girls. While nations used to marry young girls and their husbands were able to have intercourse with them, the jurists made ability a condition for enabling them. It is not permissible for a man to have intercourse with a young girl unless she is able to bear the consequences of this marital relationship.Ibn Abidin al-Hanafi - may God have mercy on him - says: “ They have stated clearly among us that if the wife is young and cannot bear intercourse, she is not to be handed over to the husband until she is able to bear it .” IbnAbidin’s Commentary (3/204).Shihab al-Din al-Ramli al-Shafi’i - may God have mercy on him - said in Nihayat al-Muhtaj ila Sharh al-Minhaaj: “ If she is young - i.e. the wife - and cannot bear intercourse, it is not obligatory to grant her - to be able to do so - until she is able to do so.” Nihayat al-Muhtaj ila Sharh al-Minhaaj (7/203).

(C) Regarding restricting what is permissible: The jurists agreed on the obligation to obey the ruler in restricting what is permissible if the interest is specified or prevails, in accordance with the jurisprudential principle: “The conduct of the ruler over the subjects is subject to the interest.” Because the Prophet (peace and blessings of Allah be upon him and his family) said: “ Each of you is a shepherd and each of you is responsible for his flock. The ruler is a shepherd and is responsible for his flock . ” Agreed upon.The ruler has the authority to enact laws that prevent people from doing what was previously permissible for them. We have a good example in the companions of the Messenger of Allah (peace and blessings of Allah be upon him and his family). Here is Umar ibn al-Khattab who prevented a man from returning to his wife if he divorced her three times in one session, even though it was permissible for him to return to her in the past. This was in order to preserve the interests of the subjects, as he saw how much people played around with divorce, so he wanted to discipline them and preserve the entity of women and the family, so that a man would not play around with divorcing his wife whenever he wanted to. Likewise, he dropped one of the limits of Allah Almighty during the year of famine, taking into consideration the conditions and interests of the people, and none of the companions denounced him for that.Therefore, the order of the ruler should not be disobeyed as long as it serves the interests of the people.

(d) The ruling on the guardian’s intervention in determining the age of marriage: The jurists’ point of view on this issue revealed two trends:

The first trend: Its proponents see the permissibility of determining the age of marriage and restricting it to a specific age through the guardian, which is the doctrine of the jurist Ibn Shabramah, Uthman al-Batti, and Abu Bakr al-Asamm from the jurists who exerted themselves.They provided evidence for this from the Qur’an and Sunnah. First: The Qur’an: The Almighty ’s saying: “ And test the orphans until they reach the age of marriage. Then if you perceive in them sound judgment, release their property to them. ” (An-Nisa’: 6). The significance of the verse : What is meant by His saying - the Almighty - { have reached the age of marriage } is the suitability of both the husband and the wife for marriage and to bear its responsibilities and consequences. This is what many commentators have gone to. Imam Al-Baghawi - may God have mercy on him - said in Ma'alim At-Tanzil: “{Until they reach the age of marriage} meaning: the age of men and women.” Al-Alusi - may God have mercy on him - said in Ruh Al-Ma'ani: “Until they reach the age of marriage and are fit for guidance and education.”They also went to the fact that puberty is determined by natural signs, and also by age, according to environmental conditions and custom . Second: The Sunnah :(1) His saying - may God bless him and grant him peace - : “ A widow should not be married until she has been consulted, and a virgin should not be married until her permission has been asked.” They said: “O Messenger of God, what about her permission?” He said: “That she keeps quiet.” Agreed upon. The evidence from the hadith: The hadith indicates that it is necessary to take the permission of a virgin girl when getting married, and this requires that she be an adult of sound mind, so that her permission and consultation can be taken, which does not apply to someone who has not reached the age of fifteen . (2) His saying - may God bless him and grant him peace - “ Each of you is a shepherd and is responsible for his flock. The leader is a shepherd and is responsible for his flock. ” Agreed upon. The significance of the hadith: The hadith places the responsibility on the guardian to take whatever measures he deems appropriate for the welfare of the flock and to legislate what ismost likely to preserve the public interest, on condition that this does not conflict with an explicit text in the Qur’an or Sunnah. He has the right to issue a law specifying a specific age for marriage, including not marrying young girls, because there is no benefit in marrying them while they are often minors. Rather, the marriage of minors may result in harm to
them and dangers to society. Thus, the guardian’s intervention is required, considering that his actions are dependent on achieving the interest of the flock.

The second trend: Its proponents believe that it is not permissible for the guardian to specify a specific age for marriage. This is what the majority of jurists have adopted. Ibn al-Mundhir said : “Everyone from whom we have preserved knowledge has agreed that it is permissible for a father to marry his young virgin daughter if he marries her to a suitable man.”{This can be discussed by saying that the claim of consensus is not accepted, because consensus cannot be imagined when there is disagreement. Ibn Shabramah, Uthman al-Batti, and Abu Bakr al-Asam disagreed on this. How can consensus be imagined when the disagreement is like these people?! This trend is based on the agreement of the jurists that even if a woman is married (contracted) when she is young, she is not given to the husband until she can bear the marital relationship. The point for them is that the woman bears the consequences of marriage. The most correct view - and God knows best - is what the first group went for, which is to restrict the age of marriage to a certain age, and this is not considered one of the matters that contradict the Sharia, but rather it is a matter of changing the fatwa with the change of time, custom, and circumstances; therefore, one of the principles of jurisprudence applied by the jurists is: “It is not denied that rulings change with the change of time,” provided that determining the age of marriage by the guardian is conditional on the interest sought by the legislation, and preventing corruption from minors, because his actions are linked to the interest as the jurists have stated. This dimension confirms that the Prophet (peace and blessings of Allah be upon him and his family) married the Mother of the Believers, Lady Aisha (may Allah be pleased with her) with the approval of her legal guardian. However, he did not consummate the marriage with her until she could bear married life, including sexual intercourse and other things, according to the nature and customs of the people at that time. His marriage to her while she was young was not something that we should find strange, but rather the culture and customs of the time permitted it, and events and history bear witness to that. This indicates that the rulings surrounding the marriage of a young girl, whether as a contract or consummation, are the product of her environment and social circumstances, taking into account the customs of the people in every age and country. It is also worth noting that marriage at that age was not strange or rejected by society in the era of the Prophet, nor was it an insult to be denounced against the Prophet (peace and blessings of Allah be upon him and his family). If his marriage to her while she was young had been rejected, the polytheists would not have remained silent about it and would have criticized and rejected his action, but this did not happen.

In addition, marriage to a young girl was not a characteristic of Muslims alone, but the heritage of non-Muslims is full of such issues that were acceptable in their time and country. The one who raises the issue of marriage to young girls and the link between it and Islam must realize that marriage is a ritual permitted by Sharia law that becomes codified according to the customs and cultures of the people in a way that does not harm any of the parties to this system. He must realize that reason, logic, and objectivity in research and study do not allow us to judge history by the nature, mentality, and laws of the present. In other words, if we want to measure an action or judge a behavior, we must measure it by the standards of its time and environment, not by our standards in this era.

In addition to what was mentioned above : Muslims had the advantage of civilizational precedence in determining the age of marriage before the West by more than one hundred and fifty years approximately, since the jurists in the middle of the nineteenth century decided to determine the age of marriage at fifteen years in Article (986) of the Code of Judicial Rulings that was established by the jurists during the Ottoman Empire, while the United Nations General Assembly adopted the Convention on the Elimination of All Forms of Discrimination against Women in December 1979 and it became effective in September 1981 AD, and the Convention on the Elimination of All Forms of Discrimination against Women decided in paragraph: 2 of Article: (16) that the engagement or marriage of a child shall have no legal effect. This opinion is the one applied in the Egyptian Personal Status Law for Muslims, as Article: (31) of Law No. (143) of 1994 regarding civil status and added in 2008 stipulated the following :It is not permissible to document a marriage contract for anyone of either sex who has not reached the age of eighteen complete Gregorian years.... Anyone who documents a marriage in violation of the provisions of this article will be subject to disciplinary punishment .

This is what God knows best.
http://www.azhar.eg/details-observer...and-minors-1

An example of the health and psychological damages of marrying minors in our time:

http://okaz.com.sa/article/333642/

https://www.annahar.com/article/5041...-مكتبي-السعيدة

http://www.alriyadh.com/407375

http://www.france24.com/ar/20100412-...edding-justice

http://wefaqpress.com/news_details.php?sid=11403

http://www.alarabiya.net/ar/last-pag...رسها-نزفا.html

And this is what Sheikh Al-Khudari, may God have mercy on him, said about it:

“More than that, experienced doctors decided that this meeting had harmful effects, which cannot be easily explained in the newspapers. I heard a lot of them, and it pained me to hear them.”

Here we must comment: As for physical harm, the jurists agreed that a young girl is not to be handed over until she is able to tolerate intercourse. As for psychological harm, Islamweb has a useful word on this issue in which custom must be taken into account and the change of customs and circumstances:

Here is another matter that must be taken into account, especially in the matter of marriage, which is custom. If it is common to disapprove of enjoying a young wife who does not understand or distinguish, then that must be taken into account, and the wife should not be handed over before she reaches puberty. Shaykh al-Islam


Ibn Taymiyah said in (al-Fatawa al-Kubra): If the reason for the contract of exchange is due to custom, then custom does not mean that the woman is handed over to him while she is young, and he does not deserve that because of the inability to benefit from it. End quote. http://fatwa.islamweb.net/fatwa/inde...waId&Id=195133 But the question is, is it possible in our time for a girl to understand these sexual matters before puberty so that intercourse with her becomes possible without causing psychological harm? Is it possible to actually know the girl’s ability to have intercourse or not, so that she does not bleed profusely, which may lead to her death, as happened with




Ilham Al-Ashi, who was consummated with when she was 13 years old? And does the physical and psychological fitness for marriage really get taken into consideration in our time when someone marries his young daughter? Therefore, I have quoted from the scholars’ statements that support the prohibition of marrying young girls in our time. The purpose of this quote is not to discuss this issue from a jurisprudential perspective only, but rather to take reality into consideration.

On the authority of Buraydah - may Allah be pleased with him - he said: Abu Bakr and Umar proposed to Fatimah , and the Messenger of Allah - may Allah bless him and grant him peace - said: “She is young.” Then Ali proposed to her and married her to him . Narrated by Al-Nasa’i . (Al-Albani authenticated it)
(On the authority of Buraydah he said: Abu Bakr and Umar proposed to Fatimah, and the Messenger of Allah - may Allah bless him and grant him peace - said: “She is young .” In another narration he was silent, and perhaps it is understood to mean another time ( Then Ali proposed to her and married her to him ). It is suggested that it indicates that Ali was superior to them, but it is not so. Or it is possible that she was young when she was proposed to, then after a while when she grew up and entered her fifteenth year, Ali proposed to her , or what is meant is that she was young in relation to them because of their old age and she married Ali because his age suited her ....

Mirqat Al-Mafatih Sharh Mishkat Al-Masabih
http://library.islamweb.net/newlibra...no=79&ID=12144

Fawzia Mani' Al-Khulaiwi, a member of the Saudi Scientific Society for the Prophetic Sunnah, says:

It is not accurate what was said that the conjunction (fa) in the narration indicates that she was married young during the same period that Abu Bakr and Umar (may Allah be pleased with them) requested, because there is no historical evidence to prove it, and (fa) in the narration replaces (then) as in the other narration of the hadith that says (then Ali proposed to her and married her to him). In a similar narration, Al-Ansari confirms in his book (Mughni Al-Labib) about the Almighty’s saying: {Then We created the sperm-drop into a clot {Then We created the clot into a lump of flesh, and We created from the lump of flesh bones, and We covered the bones with flesh; then We developed him into another creation. So blessed be Allah, the best of creators.} Al-Mu’minun 14.
Ibn Hajar narrated a narration in Tamyiz al-Sahaba on the authority of Abu Omar on the authority of Ubayd Allah al-Hashemi that she was born when the Prophet, may God bless him and grant him peace, was 41 years old shortly before the mission, and she was about five years older than Aisha. Accordingly, her age when she married Ali ibn Abi Talib was (21) years according to a narration by Ibn Hajar, or (18) years according to other narrations.
https://saaid.net/daeyat/fauzea/116.htm

The above may be used as evidence to prohibit the marriage of a young girl.
Likewise, the Messenger did not marry Fatima to Abu Bakr or Omar, and he explained that because she was young, while he, may God bless him and grant him peace, married Aisha when she was younger than the age at which Abu Bakr and Omar proposed to Fatima. Likewise, the age difference was greater between the Messenger and Aisha than Omar or Abu Bakr and Fatima. If the Messenger’s statement contradicts his action, some scholars interpret it as a specificity. The two Tabi’i Imams Ibn Shubramah and Jabir bin Zaid have said that the Messenger’s marriage to Aisha was a specificity for him, and they did not mention their evidence.
In any case, the Messenger’s marriage to Aisha had specificities that were not found in others, as it was by the command of God and His revelation, and the Messenger was above equals, and his marriage did not require a guardian or witnesses, and it was before the hadith “A virgin shall not be married until she has asked permission” - as previously detailed in the words of Al-Mu’alimi Al-Yemeni - and the Messenger is closer to the believers than they are to themselves, and he is the best of mankind, and marriage to him cannot be refused. He was singled out for many things in the chapter of marriage, such as marrying a gifted woman and more than four.

From the book “Women between Jurisprudence and Law” by the scholar and jurist Mustafa bin Hassani al-Sibai, may God have mercy on him:

Prohibiting the marriage of minors before the age of puberty

. The opinions of the four schools of thought and others have held that the marriage of minors to those who are under the age of puberty is valid, and they based this on ijtihad from the texts of the Holy Qur’an, and on incidents that occurred during the era of the Prophet, may God bless him and grant him peace, the Companions, and the Followers.

A small number of jurists disagreed with them, including Ibn Shabramah and al-Batti, and held that the marriage of minors is absolutely invalid, and that the contract concluded by their guardians on their behalf is considered invalid and has no effect.
There is no doubt that the wisdom of the legislation of marriage supports this opinion, and minors have no interest in this contract, but it may be purely harmful to them, as both the boy and the girl find themselves forced after puberty to marry a person whose opinion was not consulted in choosing him, and he may not agree with them in temperament, morals, and character, and one of them may have bad morals, and other things that often happen.
What makes people - especially in the countryside - to make such contracts is the desire of the guardians - who may be brothers - to link their families through marriage for a family, financial or personal interest. Such interests are not given weight by the Sharia and are no longer considered in our present life with regard to marital happiness. It is necessary to be cautious about anything that may lead to weakness or disintegration.
In the past in our society, the girl had no say in choosing a husband. Rather, her father marries her to whomever he or her mother wants. As long as this is the case, it is easy for them to marry her off while she is young. When she grows up, she finds herself bound by this marriage and cannot express any objection to it. Otherwise, she will be reprimanded and humiliated, and it may even lead to murder if she insists on refusing and abstaining. This is something that the Sharia does not approve of. The interests of the family and society do not permit it, and it is a blatant aggression against the right of the boy and girl to choose whomever they want to build their expected marital life. Experience has proven the corruption and failure of this type of marriage, and it often ends in moral or aggressive crimes.
Hence, the Syrian Personal Status Law adopted the principle that the marriage of minors is invalid, and that no one has the right to marry them, whether a guardian or a trustee, and if that is the case, it is null and void. Our law has required this following the Ottoman Family Rights Law.
As for Egyptian law, it has prohibited hearing a marriage suit in such a case, meaning that the contract is valid but the Sharia court cannot register it. Perhaps their excuse for this is the reality of the Egyptian countryside, as the marriage of minors is very widespread, so they wanted to respect the existing social conditions, and they considered not hearing the suit in this marriage a first step towards stopping it.
What we see is that what our law did is more correct and decisive.
http://shamela.ws/browse.php/book-828/page-41#page-41