As for the young boy and the virgin, scholars also have differed in their regard into two views:
The first view is: The view of the majority (1) that a guardian may give the young boy and the virgin in marriage without their contentment (2) and hold the following as a proof:
1- The Messenger of Allah (peace be upon him) married `A'ishah (may Allah be pleased with her) while she was six years old and consummated his marriage with her when she became nine. The Prophet (peace be upon him) gave his cousin (the daughter of his uncle Hamzah (may Allah be pleased with him)) in marriage to `Umar ibn Abu Salamah while she was young. He gave her in marriage because he was one of her male relatives and not because he was the Messenger of Allah because the Prophet (peace be upon him) never gave anyone in marriage by the power of prophethood. This is a proof to the permissibility of giving young boys or girls in marriage and this is not a special quality for the Prophet (peace be upon him).
2- Allah's Saying: "And for those who have no courses (i.e. they are still immature)" (3) Allah (may He be Exalted) fixed the `Iddah (woman's prescribed waiting period after divorce or widowhood) of young girls who do not have menses with three months, and `Iddah is not counted but after a divorce from a valid marriage.
3- Qudamah ibn Mazh`un married the daughter of Az-Zubayr (may Allah be pleased with him) when she was born and said: If I die, she will be the best of my heirs and if I live, she is the daughter of Az-Zubayr. Ali gave his daughter Um Kulthum in marriage to `Umar while she was young. Ibn `Umar (may Allah be pleased with him) gave his young daughter in marriage to `Urwah ibn Az-Zubayr (may Allah be pleased with him), and `Urwah ibn Az-Zubayr (may Allah be pleased with him) gave his niece to his sister's son while they were young. (4)
4- A competent person is needed because the objectives of marriage are achieved by him, however a person can hardly find such a competent person and guardianship was ordained for this reason, so it should be affective to achieve this benefit.
However, according to their view that a young boy and girl may be married, they said: there is a need to achieve the benefit of a young boy or girl by marriage, but a husband should not consummate marriage with the young girl until she becomes of age.
The second view is: The view of Ibn Shubrumah, Abu Bakr Al Asam (may Allah be pleased with them), and others who hold the view that a young boy and girl should not be given in marriage until they become of age
They quoted several texts as a proof, of which:
1- Allah's Saying: "Until they reach the age of marriage." (5) So, if it is permissible to conclude marriage before puberty age, there will be no benefit for that specification.
2- The Prophet's saying "A virgin should not be given in marriage except after her permission." Meaning: until she becomes from the people who are asked for permission which it does not take place until she becomes of age; this indicated the impermissibility of concluding the marriage of a young girl who does not reach the puberty age.
3- Based on the grown up virgin, if it is not permissible to force her to marriage, it is not rather permissible for the young virgin.
4- Guardianship is needed for the young boy and girl for some needs and it is overlooked when there is no need such as when a boy or a girl gives a charity. They have no need for marriage because the objective of marriage is to fulfill the desire and according to the Shari`ah young age cannot bring forth children.
5- This contract is concluded for a life time and they shall be abide by its rulings after puberty, so no one can force them to it because there is no guardianship for anyone over them after puberty.
The view of not concluding the marriage of the young boy and girl is preponderant for the previous proofs. A competent person is not hard to find and the fear for losing him is encountered by the fear that his status may change after awhile. Those who permitted marriage gave a choice for the young when he or she reaches puberty to either validate or invalidate the marriage. In that case, a guardian should render back Mahr (mandatory gift to a bride from her groom) which is contradictory to the validity of his disposal. And Allah knows the best. (6)
Written by Dr. Ilham Badr Al Jabry
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(1) The Hanafi school of Fiqh adopts the view that male relatives may give the young boy and girl in marriage and they have the choice to validate or invalidate marriage when they reach the puberty age. As for Imam Malim, he prevents other than the father to conclude the marriage, whereas Ash-Shafi`y added the grandfather.
(2) See: Al Mabsut 4/390, Fathul-Qadir 7/4, Hashiyat Ibn `Abdeen 3/70, Al Fawakih of Ad-Dawany 3/959, Al Mudawwinah 2/100, Rawdat At-Talibin 7/53, Sharh Ar-Rawd Al Murbi` 6/256, and Al Mughny 6/487.
(3) Surat At-Talaq: 4.
(4) See: Al Mabsut 4/387, Al Fawakih of Ad-Dawany 3/958, Fathul-Wahhab 2/61, Al Mubdi` Sharh Al Muqni` 7/21.
(5) Surat An-Nisa': 6.
(6) It was also chosen by sheikh Ibn `Uthaymain (may Allah be merciful with him) See: Ash-Sharh Al Mumti` `Ala Zad Al Mustaqni` 12/34 if a girl did not reach nine years old.
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