Child marriage is halal+majority say she can’t divorce when she gets older and you can have sex with the child

(Question/Discussion)

Ibn Battal (Maliki), d. 1057
“Scholars (consensus) agree that it is permissible for fathers to marry off their young daughters, even if they are infants in cradles. They differed on when sexual intercourse is permissible for the young girl. Ahmad ibn Hanbal and Abu Ubaid said consummation is permissible when the young girl reaches 9 years of age. Abu Hanifa and Al-Shafi’i are of the opinion that if the young girl is below the age of 9, but is able to bear intercourse, then her parents are not permitted to keep her away from her husband. Malik said: ‘Financial support of the husband is not applicable to the young girl until she is able to bear intercourse.’”
Source: Sharh Ibn Battal, 7/172 and 7/248.
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Abū ʿUmar (ibn abdul Barr)said:
“The scholars unanimously agreed that a father has the right to marry off his young daughter without asking her, based on the Messenger of Allah ﷺ marrying ʿĀʾishah when she was six years old. However, the Iraqis said that she has the option [to annul the marriage] when she reaches puberty, while the people of the Ḥijāz rejected this view, and there is no proof (For giving her choice as the people of Iraq said).”
— Al-Tamhīd, Ibn ʿAbd al-Barr, Moroccan edition, vol. 19, p. 98.

Posted Aug 30, 2026, 9:19 PM UTC

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