Hello
@Pwyneth Galtrow, In Islamic law, there isnβt any minimum age of marriage and marriage at any age is permissible and I donβt think thereβs any minimum age of most religions. However, we need to distinguish between a mere marriage contract and consummation of the marriage. As for the age of 15 then thatβs the maximum age of Adulthood, not the minimum. Islamic law has a different definition of puberty to how biology defines it. For example, if a girl hasnβt menstruated, grew pubic hair or emit any sexual fluid then by age 15 sheβs automatically considered to be an Adult.
A simple marriage contract is similar to a betrothal (an arrangement) and it can happen at any age, even if they are babies in the cradle but consummation of the marriage cannot happen until the girl is physically fit and ready for penetration without it causing her any harm. She has to be tall, big and physically developed enough to safely have intercourse and the possibility of harm shouldnβt exist.
One of the key general principles in Islam is that God does not burden people with laws and actions that are beyond their inherent capabilities (cause them harm) or that are exceedingly difficult to their nature,
βAllah does not charge a soul except within its capacity...O our Lord, and do not burden us with what we have no power (over).β (Quran, 2:286)
- Ubadah ibn al-Samit Ψ±ΨΆΩ Ψ§ΩΩΩ ΨΉΩΩ reported: The Messenger of Allah ο·Ί issued a decree, βDo not cause harm or return harm.β (Sunan Ibn MaΜjah 2340)
- Abu Saβid al-Khudri Ψ±ΨΆΩ Ψ§ΩΩΩ ΨΉΩΩ reported: The Messenger of Allah ο·Ί said, βDo not cause harm or return harm. Whoever harms others, Allah will harm him. Whoever is harsh with others, Allah will be harsh with him.β (al-Sunan al-KubraΜ 11070)
So Islamic law follows the basic harm principle which is rationally agreeable, and based on this principle harm shouldnβt exist. So if consummation is physically or psychologically harmful then she would not be permitted to consummate her marriage. If consummation isnβt harmful and her body is physically fit for intercourse then it would be permitted.
- Ibn Bat
tal Ψ±ΩΨΩΩ
ΩΩΩ Ψ§ΩΩΩ writes:
βThe scholars agreed that it is permissible for fathers to marry off their young daughters even if they are in the cradle, except it is not permissible for their husbands to consummate the marriage with them until they are prepared to safely have intercourse.β
Sharh Sahih al-Bukhari 7/172
As Ibn Battal Ψ±ΩΨΩΩ
ΩΩΩ Ψ§ΩΩΩ stated here, itβs permissible for a father to contract marriages for their minor daughters, even if they are little babies in a cradle, but consummation can only occur once they grow up & theyβre physically mature & able enough to have sexual intercourse without harm.
- Imam Nawawi Ψ±ΩΨΩΩ
ΩΩΩ Ψ§ΩΩΩ narrated this is the view of the three Imams of Fiqh; i.e. Abu Hanifah, Shafiβi, and Malik:
βMalik, Shafiβi and Abu Hanifah said: The is measured by her capability of the sexual relationship and it varies from individual to individual and it is not limited to a certain age.β
Sharh Sahih Muslim, Vol. 9, p. 206
- In a collective work of contemporary jurist committee, scholars argue if the bride is not capable of sexual relations, the marriage canβt be consummated regardless of her age:
βIf she is skinny and feeble, not capable of sexual relation and she may be medically harmed (by doing so), the husband is not permitted to consummate the marriage, even if she is old.β
Al-Fatawa al-Hindiyah, Vol. 1, p. 287
The scholars are unanimously agreed that one who isnβt capable and physically mature enough for intercourse should not be having sex, as it would certainly harm them.
Imam Nawawi Ψ±ΩΨΩΩ
ΩΩΩ Ψ§ΩΩΩ writes:
βKnow that Al-Shafiβi Ψ±ΩΨΩΩ
ΩΩΩ Ψ§ΩΩΩ and his companions encouraged a father or grandfather not to marry off a virgin girl until she reaches maturity and he obtains her consent, that she may not be trapped with a husband she dislikes.β
Sharh al-Nawawi βala Sahih Muslim 1422
The scholars have agreed that contracting marriages on behalf of minors is only permissible in the case that it is within their best interests, otherwise itβs better if the minor reaches puberty (the Islamic definition of puberty) and consents to
marriage. In normal cases, minor marriages are discouraged and only allowed with the condition that it certainly serves her best interests (marrying her into the royal family to create political ties etc), and consummation can only occur when sheβs physically able for it. Hope that answers your questions.
