Does a father's statement to a person, "You are married to my daughter," when she was three years old, constitute a legally binding marriage, and what is the legitimate way out for the daughter, who is now twenty years old, to marry another suitor, given that the aforementioned man is not deemed a suitable husband for his daughter?
The jurists have agreed on the permissibility of a father marrying off his young daughter, but they differed on the necessity of consulting her upon reaching puberty. Some of them held that it is not necessary, citing the marriage of the Prophet, peace be upon him, to Aisha, may Allah be pleased with her, when she was young, and that he did not give her a choice after she reached puberty. According to this view, the daughter has no option after reaching puberty unless it was stipulated. Others held that she does have the option after reaching puberty, and she has the right to seek annulment of the marriage before consummation. She is entitled to half of the dowry without maintenance or ' (waiting period). Before her rejection or divorce, no suitors may propose to her. It is recommended to refer to the courts in such matters.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/59469
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 59469
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy