Category: Marriage (Nikah)
Fatwa#: 16567
Asked Country: United States

Answered Date: Apr 13,2008

Title: What is the minimum age for a girl for her to consumate her marriage with her husband? Is it puberty?

Question

What is the minimum age for a girl for her to consumate her marriage with her husband? Is it puberty?

 

 

Answer

In the name of Allah, Most Gracious, Most Merciful  

Assalaamu `alaykum waRahmatullahi Wabarakatuh

The permissibility of consummating a marriage with a girl is based on her physical strength and not on her age. If consummating the marriage will be injurious to her health then it will not be permissible to do so, although she may have reached the age of puberty. However, if consummating the marriage will not be injurious to her health then it will be permissible to do so, although she may have not reached the age of puberty. (Hashiyya Ibn Aabideen, vol 3, pg 204, HM Sa’eed) 

وقد صرحوا عندنا بأن الزوجة إذا كانت صغيرة لا تطيق الوطئ لا تسلم إلى الزوج حتى تطيقه.

والصحيح أنه غير مقدر بالسن، بل يفوض إلى القاضي بالنظر إليها من سمن أو هزال.

وقدمنا عن التاتر خانية أن البالغة إذا كانت لا تحتمل لا يؤمر بدفعها إلى الزوج أيضا  (حاشية ابن عابدين 3/204)

And Allah knows best

Wassalam

 

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.