Stay away from Marriage of a Minor.
Contents.
1. The Prophet ﷺ did not recommend the contraction of a marriage between a child and an adult even if the adult is like Abu Bakr radhiAllahanho and Umar RadhiAllahanho.
2. What about Marriage of Aisha radhiAllahanha with Prophet peace be upon him.
a) The opinion of Imam Ibn Shubrumah (Who Narrates from Anas and Shuabi and he was Teacher of Ibn al Mubarak and Thawri)
b) The Opinion of Imam ash-Shafiee and others.
c) Ibn Uthaymeen
d) Shaykh Mahmud Mahdi Istanbuli
e) Sh Saalih al Munajjid
f) Final Verdicts of Faqeeh ul Ummah Shaykh Ibn Uthaymeen
3. Conclusion.
1. The Prophet ﷺ did not recommend the contraction of a marriage between a child and an adult even if the adult is like Abu Bakr radhiAllahanho and Umar RadhiAllahanho.
Burayda reported: Abu Bakr and Umar offered a marriage proposal to the Prophet’s daughter Fatimah. The Messenger of Allah, peace and blessings be upon him, said:
إِنَّهَا صَغِيرَةٌ
She is too young. (Sunan al-Nasā’ī 3221)
Mulla Ali al-Qari commented:
الْمُرَادُ أَنَّهَا صَغِيرَةٌ بِالنِّسْبَةِ إِلَيْهِمَا لِكِبَرِ سِنِّهِمَا وَزَوَّجَهَا مِنْ عَلِيٍّ لِمُنَاسَبَةِ سِنِّهِ لَهَا
The meaning is that she was too young to be suitable for the older age of Abu Bakr and Umar, so the Prophet married her to Ali, who was of suitable age. [Mirqāt al-Mafātīḥ 6104]
2. What about Marriage of Aisha radhiAllahanho with Prophet peace be upon him.
a) Imam Ibn Shubrumah (who narrates from Anas radhiAllahanho and others like Imam ash-Shoabi), He was Teacher of (Ibn Uyaynah , Thawri and Ibn al Mubarak) he was also the Judge of Kufa said:
لا يجوز إنكاح الأب ابنته الصغيرة إلا حتى تبلغ وتأذن ، ورأى أمر عائشة رضي الله عنها خصوصا للنبي صلى الله عليه وآله وسلم ،
“It is not permissible for a father to marry off his young daughter until she reaches puberty and gives her consent.” He considered the case of ʿĀʾishah (may Allah be pleased with her) as something specific to the Prophet ﷺ
al-Muḥallá bil-Āthār 9/38
b) Imam al Shafiee and his Companions.
al Nawawi said:.
واعلم أن الشافعي وأصحابه قالوا : يستحب أن لا يزوِّج الأب والجد البكر حتى تبلغ ويستأذنها لئلا يوقعها في أسر الزوج وهي كارهة ، وهذا الذي قالوه لا يخالف حديث عائشة ؛ لأن مرادهم أنه لا يزوجها قبل البلوغ إذا لم تكن مصلحة ظاهرة يخاف فوتها بالتأخير كحديث عائشة ، فيستحب تحصيل ذلك الزوج لأن الأب مأمور بمصلحة ولده فلا يفوتها
It should be noted that al-Shaafa’i and his companions said: It is preferable for fathers and grandfathers not to marry off a virgin until she reaches the age of puberty and they ask her permission, lest she end up in a marriage that she dislikes. What they said does not go against the hadeeth of ‘Aa’ishah, because what they meant is that they should not marry her off before she reaches puberty if there is no obvious interest to be served that they fear will be missed out on if they delay it, as in the hadeeth of ‘Aa’ishah. In that case it is preferable to go ahead with the marriage because the father is enjoined to take care of his child’s interests and not to let a good opportunity slip away.[Sharh Muslim, 9/206.]
c) Ibn Uthaymeen said:
وهذا القول هو الصواب، أن الأب لا يزوج بنته حتى تبلغ، وإذا بلغت فلا يزوجها حتى ترضى
This view is the correct one, that the father should not arrange a marriage for his daughter until she reaches the age of puberty, and when she reaches the age of puberty he should not arrange a marriage unless she gives her consent. [Sharh al-Mumti‘, 12/57]
d) Shaykh Mahmud Mahdi Istanbuli said:
الحذر من الزواج بالصغيرة
BEWARE OF CHILD MARRIAGE
I advise all men and women not to accept this especially nowadays, when emotions for religion are fading and the risk of false practices is very high. [Tuhfatul Urus page 42]
e) Sh Saalih al Munajjid said:
It is preferable for a guardian not to marry off his daughter when she is still young unless there is a valid reason for that.
[Islamqa 22442]f) Final Verdicts of Faqeeh ul Ummah Shaykh Ibn Uthaymeen said:
فالذي يظهر لي أنه من الناحية الانضباطية في الوقت الحاضر ، أن يُمنع الأبُ من تزويج ابنته مطلقا ، حتى تبلغ وتُستأذن ، وكم من امرأة زوّجها أبوها بغير رضاها ، فلما عرفت وأتعبها زوجها قالت لأهلها : إما أن تفكوني من هذا الرجل ، وإلا أحرقت نفسي ، وهذا كثير ما يقع ، لأنهم لا يراعون مصلحة البنت ، وإنما يراعون مصلحة أنفسهم فقط ، فمنع هذا عندي في الوقت الحاضر متعين ، ولكل وقت حكمه .
What is clear to me is that, due to contemporary ethical standards, a father should absolutely be prohibited from marrying off his daughter before she reaches the age of puberty. Moreover, her consent should be mandatory for any marriage arrangement.
There are many women who were married off by their fathers without their approval. Later, when they realized the situation and faced mistreatment from their husbands, they pleaded with their families for divorce even threatening self-harm if their pleas were ignored. This happens frequently because families often prioritize their own interests over their daughter’s well-being.
In my view, this practice must end. Modern times demand modern rulings, and every era has its own ethical standards. [Sharh Saheeh al Bukhari, Kitab al Nikah Chapter 39]
3. Conclusion
Scholars, past and present, agree that guardians must protect the rights and well-being of their children in marriage. Scholars allow early marriage is allowed only when there is clear benefits and full protection, though it is preferable not to do it and some scholars from the past even prohibited it altogether. Today, with greater risks of harm and abuse, stronger rules are needed. The safest and most just solution is to ban underage marriage completely and require the clear consent of the girl, as stressed by respected scholars like Ibn ʿUthaymīn (رحمه الله). This approach aligns with the goals of Islamic law, which focus on justice, dignity, and personal choice.