Is it permissible for a father to marry off his young daughter without her consent? What is the ruling on her seeking divorce in this case? And is it permissible for the husband to consummate the marriage with a non-adult wife?
The jurists have agreed on the validity of a father marrying off his daughter without her consent. She has no option (to annul the marriage) before puberty. As for after puberty, some scholars give her the option to annul or uphold the contract. If she experiences harm, she has the right to demand its removal through her guardian, or by herself if she is discerning. The judge has the right to rule on the removal of the harm. As for her request for divorce, if it is due to harm, there is no sin in it. If it is not due to harm, there is no sin upon her if she is not discerning, and likewise if she is discerning but has not reached puberty, according to the majority of scholars. As for the husband consummating the marriage with a minor before puberty, there is no sin in it if she is capable of intercourse.
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