Is the permission of a young virgin girl who was married without her consent considered valid if she refuses to surrender herself to her husband, or is she compelled to do so?
Some scholars have reported a consensus on the permissibility for a father to marry off his young daughter without her permission, based on the of Aisha (may Allah be pleased with her). As for someone other than the father coercing a virgin into marriage, this is a point of contention among jurists. The father was granted this specific right because he is most keen on his daughter's welfare. However, some scholars have given the virgin the option to annul the marriage upon reaching puberty. It is preferable for the guardian not to marry off a virgin until she reaches puberty and her permission is sought, unless there is a clear benefit whose loss is feared by delay. The permission mentioned in the hadith refers to seeking the permission of a virgin who has reached puberty for marriage, not for intercourse. A young girl who has not reached an age where she can endure intercourse should not be handed over to her husband.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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