How can the marriage of underage girls be explained?

- How can the opinions of scholars regarding the marriage of underage girls be explained?
- While explaining the first hadith of this chapter, Nawawi gives the following information: “This hadith is clear evidence that it is permissible for a father to perform the marriage ceremony of a virgin girl who has not reached puberty without her permission because it is meaningless to seek permission from a minor girl. In our opinion, the paternal grandfather has the same authority when the father is absent... Muslims have reached a consensus that a father can perform the marriage ceremony of his minor daughter. According to the scholars of Iraq, when this girl reaches puberty, she has the option to annul the marriage if she wishes. According to Abu Hanifa, Awzai, and some other salaf scholars, all guardians have this authority, the marriage is valid, and the girl can annul the marriage when she reaches puberty. As for the question of the wedding and the age of consummation for a minor, if the girl’s guardian and the husband who marry her agree that the wedding and consummation will not harm the girl in any way, the consummation can take place.”
- My question is this: Our madhhab imam, Abu Hanifa, along with other great scholars like Malik (ra) and Shafi’i (ra), write that it is permissible to marry young girls and even have sexual intercourse with them if they are able to do so. There are many other hadiths and explanations supporting this.
I might say I misunderstand something, but these great scholars themselves make this statement and agree on it. Will you please clarify it?
(Source: Sunan Ibn Majah, Kitab an-Nikah, chapter 13, page 263.)

Dear Brother / Sister,

We were asked a similar question before and gave the following answer:

“In the articles 7 and 8 of the “Family Law Decree” (like a law), issued with the approval of the sheykhulislam in the last years of the Ottoman State (1917), the following is stated:

Article 7:

No one can marry a boy who has not reached the age of 12 or a girl who has not reached the age of 9.

Article 8:

When a girl who has reached the age of 17 applies to marry a man, the judge informs her guardian of the matter, and if the guardian does not object or if no objection is deemed valid, the judge permits the marriage.

In other words, when a girl who has turned seventeen wants to marry a boy (she acts as a party to the marriage herself rather than through her guardian, she herself says yes), her guardian must be informed; even if the guardian objects, this objection must be legitimate. Otherwise, if she is forced to and has no other option, she can bypass her guardian and apply directly to the marriage registry to get married.”

Sexual intercourse is not permissible with a partner (girl) who has not reached puberty.

Our Prophet (pbuh) allowed women who did not love or want their husbands to separate from them.

According to some ijtihads, a girl who was married off while still a minor, even by her guardians such as her father or grandfather, has the right to accept or reject that marriage when she reaches puberty (Khiyarul-Bulugh).

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