What is the ruling on marrying off an eight-year-old girl without her consent to a fifty-year-old man, if the father intends to harm her divorced mother?
The jurists have agreed on the permissibility and validity of a marriage contract for a minor girl before she reaches puberty, but they differed on handing her over to the husband before puberty. Some scholars hold that she has the option after puberty to either ratify or annul the contract. What is considered here is the best interest of the girl. If the marriage would harm her and the father knows this, it is not permissible for him [to proceed], because his guardianship is for her benefit. If the father insists on marrying her off, and it is harmful to her, she has the right to seek redress through the judiciary, even if she is a discerning minor. If the father intends to harm the mother by marrying off the daughter, he is sinful for his bad intention, but the mother's objection does not prevent the validity of the contract, because the guardianship belongs to the father.
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- Original fatwa ID
- 96092
- Imported
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