What is the ruling on marrying an orphaned girl before she reaches puberty, and does the the ruling differ if the suitor is her guardian or someone else?
The majority of scholars hold the view that it is impermissible to marry off an orphaned girl before she reaches puberty and her permission is sought, regardless of whether the suitor is her guardian or someone else. This differs from Abu Hanifa, who permits it. Al-Qurtubi mentioned the permissibility for the guardian to marry an orphaned girl if she has reached puberty and he deals justly with her dowry. However, later Maliki scholars permitted marrying off an orphaned girl before she reaches puberty if there is a fear of her corruption and she has reached ten years of age, along with other conditions.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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