#350: Ruling on Marrying a Minor
“I was asked this question. Kindly shed light on it. The issue is on every social media now. It a marriage contract between the boy in the picture above who is said to be an SS1 boy (secondarian). And that girl which am not sure is more than 5-6 years of age.”
ANSWER
Alhamdulillaah.
The question posed is about the permissibility of marriage to minors and the marriage of minors in Islam.
This matter requires some thoroughness that is beyond the scope of this question and answer session.
But summarily, what we would say here is that:
1. It is established by the authenticated Ahaadith that marriage of adults to minors is permissible in Islam with the following conditions:
– that such a marriage is performed in the best interest of both husband and wife.
– that the marriage is not consummated until both couples are matured and mentally sound to carry the burdens and responsibilities of Marriage in Islam.
– that all the conditions of marriage in Islam are fulfilled especially the consent and willingness of the parents of the bride.
– that it is with the knowledge and approval of both the bride and the groom and in a situation where any of both parties approaches puberty and, with a legitimate reason, wants the marriage nullified, that becomes binding.
This is what is established by the Ulamaa of tah’qiq who are thorough and diligent in their research.
2. Islam encourages such arrangements if it helps to curtail and control the rate of fasaad (corruption) and fitna in the society.
3. The matter of marriage to minors is not specific to Islam. Instead, men have, in pre-modern times done such marriages as many times as for it to become the norm. And those who try to make Islam look like a religion that condones paedophilia by virtue of this display blatant ignorance of history. Aside that, so many cultures, in modern times, practice it till date.
4. For those who will wail over human rights and woman subjugation by virtue if this should consider the thousands of children that are sold everyday to sex trafficking under the support and auspices of big churches and governments all over the world and those thousands of girls that commit zina or are raped everyday around the world simple because of the society’s moral decay caused by indecent dressing and late marriage.
However, we advise ourselves and the entire Muslim community that any news that is spread in the media like that should be verified by us before we spread them so that we do not end up among the liars and the rumour mongers.
Allāhu A’alam.
Bārakallāhu Fīkum
Jazākumullāhu Khayran
📚 IslamNode