Resolution No. 217 (1/23) on Young Girls Marriage between the Right of the Guardian, the Girl’s Welfare, and the Extent of the Ruler’s Authority in its Prevention or Regulation, from Shariah Perspective.

11 November، 2018

In the Name of Allah, the Entirely Merciful, the Especially Merciful

All praise is due to Allah, Lord of the worlds, may the blessings and peace of Allah be upon our master Muhammad, the seal 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 Ruler’s Authority in its Prevention or Regulation, from Shariah Perspective.

The Council of the International Islamic Fiqh Academy of the Organization of Islamic Cooperation, held its twenty-third Session in al-Madinah al-Munawarah on 19^–23 Safar 1440, corresponding to 28 October – 01 November 2018.

Having reviewed the research papers submitted to the Academy on the subject of: Young Girls Marriage between the Right of the Guardian, the Girl’s Welfare, and the Extent of the Ruler’s Authority in its Prevention or Regulation, from Shariah Perspective.

Having listened to the extensive discussions on the subject,

Resolves the following

A young girl is someone who has not reached the age of puberty and the appropriate age for marriage from fifteen to sixteen years old due to its suitability and as determined by Islamic jurists.
Islamic law did not set up a particular age for the marriage contract. The age of marital act is one of the things which are determined according 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 owed by the father towards his daughter, and his obligation to take care of her welfare, he has the right to get his daughter married, after taking the judge’s permission. If the marriage causes her 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 I.

Determining the age of young girl marriage should be calculated with the judge’s permission, and permission should be entrusted to the legal guardian of every country which chooses marriage age based on the circumstances of time, place, and age, as well as what realizes the welfare of all parties.
The girl’s welfare should be taken into consideration in the marriage process.
The father guardianship or other types of guardianships on the young girl is tied to the realization of her welfare.
Getting the girl’s approval for marriage is an obligation. It is not permissible to get her married without her consent and satisfaction as per the hadith of Prophet Muhammad (peace and blessings be upon him) which stated: “the virgin should be asked for permission about marriage, and her permission is her silence, and a woman who has been previously married has more right to her person than her guardian.”

If she has been married without her consent, she has the right to get an annulment of marriage.

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 permission.

9-Health criteria should be implemented for young girl marriage, with a minimum age of 15 to 16 years old. It is not permissible to assist or force a young woman into marriage without these criteria. Reliable doctors should estimate these criteria.

Allah Knows Best