Marriage at an Early Age Islamic View

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Date Submitted: 04/30/2013 09:39 AM

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Marriage at an early age

(Q). I have a nine year-old girl who is married to a person at the age of 20. The marriage contract was made a year ago but the girl is refusing to live with her husband or even to look at him. In addition to that she requires him to divorce her. Could you please advise me what to do? Should I separate them or force my daughter to live with him?

(A) It is certainly possible for a father to get his daughter married to someone who he thinks is suitable for her. Whether he should force her into any marriage is something totally different.

A woman companion of the Prophet came to him and said: "My father has married me away to one of his relatives without asking my opinion. I do not wish to stay with this man as his wife." The Prophet ordered their separation. When she realized that she was free and that she was no longer married to the man, she said to the Prophet: "I now accept what my father has done and I am marrying this man. I only did this so that women may know that it is not up to men to marry them away against their wishes."

Scholars have discussed at length the marriage of a young girl who has not attained puberty and whether her father may marry her away without her permission. If such a marriage takes place it is valid. However, it is perhaps best if the marriage is not allowed to be consummated until the girl attains puberty, when she is given the choice whether to continue with this marriage or not. Moreover her father may not marry her away to someone who is of a lesser status than hers. If he does and she objects, the marriage is not valid. Generally speaking, however. a girl must be asked to express her opinion in any proposed marriage. If she has been married before, then her verbal consent should be requested. If she has not been married previously, then her consent is also to be requested, but if she keeps quiet, her silence is taken as approval.

To say that the marriage is valid is not to say that people should go...