What is your esteemed opinion regarding the interpretation by Abdur-Rahman ibn Yahya al-Mu'allimee al-Yamani of the Almighty's saying: "And those who have not yet menstruated," and does the verse indicate the permissibility of marrying minors?
The preponderant view is that of the majority of scholars who affirm the validity of a marriage contract with a minor, citing the verse: "{and those who have not yet menstruated}" which specifically addresses the minor who has not reached puberty, as she is not a subject for seeking permission. As for the hadith: "A virgin should not be married until her permission is sought," it is general, and refers to the adult who can grant permission. The majority of jurists hold that it is preferable to seek permission from an adult virgin, contrary to the Hanafis who deem it obligatory. The Malikis, Shafi'is, and Hanbalis are of the view that the rationale for the guardianship of compulsion (wilayat al-ijbar) is virginity, thus a guardian may marry off an adult, sane virgin without her permission, similar to a minor.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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