In the Name of Allāh,
the Entirely Merciful, the Especially Merciful
Praise is due to Allāh, Lord of the worlds, may the blessings and peace be upon our master Muḥammad, the last of prophets, on his family, and all his companions.
Resolution No. 217 (1/23)
Young Girls Marriage between the Right of the Guardian, the Girl’s Welfare, and the Extent of the Government’s Authority in its Prevention or Restriction, from Shariah Perspective
The Council of the International Islamic Fiqh Academy of the Organization of Islamic Cooperation, holding its 23rd session in al-Madinah al-Munawwarah, Kingdom of Saudi Arabia, on 19–23 Ṣafar 1440h (28 October – 1 November 2018),
Having examined the research papers submitted to the Academy concern- ing Young Girls Marriage between the Right of the Guardian, the Girl’s Welfare, and the Extent of the Government’s Authority in its Prevention or Restriction, from Shariah Perspective,
Having listened to the in-depth discussions on the subject,
Resolves
- A young girl is someone who has not reached the age of puberty, and the age referenced to in marriage is puberty defined by the age of fifteen to sixteen years old because it is determinable as ascertained by Islamic
- Islamic law did not set up a particular age for concluding a marriage con- The age of consummation is a matter which is determined accord- ing to the circumstances of time and place, and to the capacity of both parties in the contract for marriage and establishing a family.
- Considering the mercy and compassion of the father towards his daugh- ter and the obligation he owes to take care of her welfare, he has the right to get his daughter married after taking the judge’s If it is confirmed that marrying causes her harm or damage, the father is forbidden to get her married. If the legal guardian is not the father, he is not allowed to get the young girl married until she reaches the age of puberty mentioned in paragraph (1).
- Determining the age for a young girl’s marriage, which requires a judge’s
permission, is left to the Government in each country, being Walī al-Amr, that should determine it based on the circumstances of time, place, and age in realizing the welfare of all parties.
- The girl’s welfare should be a priority with respect to her
- The father guardianship or other types of guardianships on the young girl are tied to the realization of her welfare.
- Obtaining the girl’s approval for marriage is an obligation. It is not per- missible to get her married without her consent and satisfaction as per the ḥadīth of Prophet Muhammad SAWwhich states: “…the virgin should be asked for permission about her marriage, and her permission is her silence, and a woman who has been previously married has more right to her person than her ”
If a woman has been married without her consent, she has the right to annulment.
- Each country has the right to determine the appropriate marriage age, according to what it sees is realizing the welfare of the girl, family, and community, and each country has the right to determine an appropriate punishment for whoever forces a young girl into marriage without the judge’s
- Health criteria should be implemented for young girl marriage, with a minimum age of 15 to 16 years old. It is not permissible (for any guard- ian) to marry a young woman without these criteria. Reliable doctors should estimate these criteria.
Indeed, Allāh is All-Knowing.
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