Evidences Presented in Favor of Marriage to Prepubescent Girls

We begin with the perspectives of classical jurists:

Ibn ʿAbd al-Barr writes:

“There is consensus among scholars that a father may marry off his young daughter without consulting her. The Prophet [pbuh] himself married Aishah [rta] at the age of six or seven, and it was her father who arranged the marriage.” (al-Istidhkar, 16:49–50)

This view is echoed by authoritative scholars such as Imam Ahmad (in al-Masaʾil, 3:129), Imam Marwazi (Ikhtilaf al-ʿulamaʾ, 125), Ibn al-Mundhir (al-Ijmaʿ, 91), Imam Baghawi (Sharḥ al-Sunnah, 9:37), Imam Nawawi (Sharḥ Sahih Muslim, 9:206), and Ḥafiẓ Ibn Ḥajar al-ʿAsqalani (Fath al-Bari, 12:27).

Ibn Taymiyyah states:

“No one may marry off a woman without her permission, as the Prophet [pbuh] instructed. If she dislikes the marriage, she cannot be forced. However, in the case of a young virgin girl, her father may arrange her marriage, and she has no right to grant or withhold permission.” (Majmuʿ al-Fatawa, 32:39)

Similarly, a fatwa issued by Dar al-ʿUlum Deoband states:

“The marriage of minors conducted by their guardians is valid. There is no need for the minors themselves to understand it. The understanding and consent of the guardians is sufficient. There is no strict age requirement.” (Fatawa Dar al-ʿUlum Deoband, 7:48)

Summary of the Scholarly View

• Although there is an explicit Prophetic directive stating that a woman’s marriage cannot take place without her consent, this directive has been interpreted to apply only to adult women. A father may arrange the marriage of a prepubescent daughter according to his discretion.
• The primary argument for this position is the narration stating that the Prophet [pbuh] married Aishah [rta] before she had reached puberty. According to widely transmitted narrations, she was six or seven years old at the time of the marriage and nine years old at the time of consummation.
• Aishah was thus a minor when her father, Abu Bakr [rta], arranged her marriage, implying that a father has the authority to arrange the marriage of a prepubescent daughter.
• It is important to note that beyond the case of Aishah [rta], there is no other rigorously authenticated report from the Prophet’s time confirming the marriage of a minor girl. The entire juristic consensus rests on this single precedent.
• Additionally, scholars do not cite any clear Prophetic declaration suggesting that his marriage to Aishah was a unique case exclusive to his role as a Messenger, and thus not a model for others.

The Historical Use of the Quran in Support of Prepubescent Marriage

Let us now examine the reasoning of those scholars who have based their opinion—that physical maturity (bulugh) is not a necessary condition for consummation or cohabitation in marriage—on the Quran. A significant segment of the Islamic scholarly tradition asserts that neither physical maturity nor menstruation is required for consummation of marriage. Rather, they maintain that this position is fully in accordance with the Quran. Their primary argument rests on verse 4 of Surah al-Ṭalaq (65), which states:

وَ الِّٰٓیۡٔ یَئِسۡنَ مِنَ الۡمَحِیۡضِ مِنۡ نِّسَآئِکُمۡ اِنِ ارۡتَبۡتُمۡ فَعِدَّتُہُنَّ ثَلٰثَۃَ أَشۡہُرٍ ۙ وَّ الِّٰٓیۡٔ لَمۡ یَحِضۡنَ
“And those among your women who have despaired of menstruation—if you are in doubt—then their waiting period is three months, and [so is the waiting period] of those who have not yet menstruated.” [Quran, 65:4]

Focusing on the phrase لَمْ يَحِضْنَ (“those who have not yet menstruated”), a significant number of classical commentators have concluded that it refers specifically to young girls who have not reached the age of menstruation.

The successor (tabiʿi) Qatadah (d. 118 AH) explained the phrase as referring to “virginal maidens who have not yet reached the age of menstruation” (Tafsir al-Durr al-Manthur, 6:614).

Ibn Jarir al-Ṭabari (d. 310 AH), one of the earliest and most authoritative exegetes, interpreted the phrase as applying to girls who, due to their young age, had not begun menstruation and were divorced after consummation. He writes: “And likewise is the waiting period of those girls who have not yet menstruated due to young age, if they are divorced after consummation.”

Imam al-Bukhari (d. 256 AH) titled a chapter in his Sahih: A man giving his minor daughter in marriage. He then cites the same verse of Surah al-Ṭalaq as justification: “Because of the statement of God: {وَاللاَّئِي لَمْ يَحِضْنَ}, He has made their waiting period three months before puberty.” (Sahih al-Bukhari, 5132)

Imam Tahawi (d. 321 AH) also held that the verse refers to minor girls who had not yet menstruated due to their age and were nevertheless subject to a waiting period after divorce: “And the young girl who has not menstruated—if she is divorced, then she enters into the prescribed waiting period.” (Aḥkam al-Quran, 2:402)

Imam al-Baghawi (d. 516 AH) wrote: “It means the young girls who have not menstruated; their waiting period is also three months.” (Maʿalim al-Tanzil, 8:152)

Al-Zamakhshari (d. 538 AH), a renowned grammarian and exegete, succinctly commented: “And those who have not menstruated—these are the young girls.” (al-Kashshaf, 4:560)

Ibn Kathir (d. 774 AH), a standard authority in Quranic commentary, stated: “And likewise, the young girls who have not yet reached the age of menstruation.” (Tafsir al-Quran al-ʿAẓim, 8:149)

In the modern period, scholars across various schools of thought have maintained the same interpretation. For example:

• Shaykh ʿAbd al-Rahman al-Saʿdi, a Salafi exegete, wrote: “That is, young girls who have not menstruated… their waiting period is also three months.” (Tafsir al-Saʿdi, p. 870)
• Ahmad Yar Khan Naʿimi, a commentator from the Barelvi tradition, explained: “(Meaning) due to their young age, their waiting period is also three months.” (Nur al-ʿIrfan, p. 891)
• Mufti Muhammad Shafiʿ, a senior Deobandi scholar and former Grand Mufti of Pakistan, stated: “And likewise, those women who have not menstruated yet (due to being underage), their waiting period is also three months.” (Maʿarif al-Quran, 8:474)
• Abu al-Aʿla Maududi, a prominent modernist thinker, commented: “It is not only permissible to marry a girl of such an age, but also for the husband to be alone with her. Clearly, what the Quran has permitted cannot be declared prohibited by any Muslim.” (Tafhim al-Quran, 5:571)

Summary of Scholarly Interpretation

1. Marriage to Prepubescent Girls Is Deemed Permissible: The overwhelming consensus among classical commentators is that the verse addresses the waiting period of girls who have not yet menstruated—indicating that they were married and divorced after consummation.
2. Lack of Menstruation Indicates Minority: Since all the above exegetes consider lack of menstruation to be due solely to young age, they argue that this verse necessarily refers to prepubescent girls. Thus, the verse sets a waiting period for girls from whom conjugal relations have already occurred. The Quran explicitly states in [Quran, 33:49]: “O you who believe, if you marry believing women and then divorce them before touching them, there is no waiting period for you to count.” This indicates that the waiting period mentioned in [65:4] is for those with whom consummation has occurred—supporting the interpretation that sexual relations with prepubescent girls had occurred, and were not prohibited.
3. Use of the Term lam yaḥiḍna (“who have not yet menstruated”): This linguistic construction confirms that the girls in question had never menstruated, thus were necessarily prepubescent.

The Other Side of the Picture

This opinion is met with three strong objections:

First Objection

It is plainly incorrect to assert that the sole reason for the absence of menstruation (ḥayḍ) is lack of physical maturity (non-buloogh), for menstruation may also be delayed or absent due to medical conditions or temporary disruptions. Therefore, it is not a sufficient argument to assume that the absence of menstruation is necessarily due to youth. Even women who have reached puberty may, due to medical reasons, not experience menstruation.

Second Objection

It is contrary to nature to establish sexual relations with a prepubescent girl. The very question of marriage arises only once both parties have reached physical maturity. All jurists and scholars are in agreement that one of the fundamental conditions of a valid marriage is that both parties express consent in the presence of witnesses—actual or implied. How, then, can a prepubescent girl, who does not even comprehend the meaning of nikaḥ, express her consent?

On this very principle, obligations such as prayer (ṣalah) and fasting (ṣawm) are not mandated upon children. How, then, can a prepubescent girl be expected to grasp or fulfill the rights and duties of marriage? In other words, is it to be said to her: “You are not required to pray or fast because these duties are not obligatory upon you—but the fulfillment of conjugal rights is indeed your obligation”? The question thus arises: if the girl has no awareness of what the sexual act entails, how can she be expected to approve or disapprove of it?

Third Objection

In Surah al-Nisaʾ, where the Quran instructs on the protection of the wealth of orphans, it emphasizes that this wealth should not be handed over to them until they reach not only puberty but also the age of sound judgment (rushd). The verse [Quran, 4:5] states:

“And do not give the immature (foolish) their wealth, which God has made a means of support for you.”

After such a clear directive, how can it be accepted that the Quran would permit the marriage of children who are not only immature but also lack understanding? Here, God commands that the right to manage wealth be given only after one attains not just physical maturity but discernment as well. How then can one believe that, in the matter of marriage, the same Divine guidance would allow such a child to be subjected to the burdens of sexual relations and household responsibilities, without requiring either maturity or understanding?

Maulana Amin Ahsan Islahi, under the section titled “When Should the Property of Orphans Be Handed Over to Them?” in his commentary, writes:

“This is the method that guardians must follow in the matter of transferring property to orphans. It is stated that they should be continually assessed—assign them minor responsibilities and test their competence to see whether they are developing the insight required for managing affairs. Until they reach the age of marriage—that is, puberty—this approach should be maintained with them.” (Tadabbur-e-Quran, 2255)

Fourth Objection

From a medical standpoint, it is universally agreed that prepubescent children are physically incapable of enduring the sexual act, as their bodies are simply not prepared for it. Psychologically and physically, they are in no position to withstand the harm it may cause. For this reason, some jurists have stipulated tamaḥḥul (the capacity to endure) as a necessary condition.

But this raises critical questions: Who will determine which child is capable of enduring such an act and which is not? Is it possible to estimate the risk of injury or long-term medical complications without the opinion of a qualified physician or psychologist? Is the definition of incapacity limited only to life-threatening outcomes? If a child is injured during intercourse or dies as a result, would the husband be liable for diyah (blood money)?

Fifth Objection

The verse in question speaks of a waiting period (ʿiddah) of three months. This implies that although the woman does not menstruate, there remains a possibility or suspicion of pregnancy. But can such a suspicion reasonably apply to a prepubescent girl? Thus, it becomes highly implausible that this verse is referring to a prepubescent child.

This very point has been clearly articulated by Maulana Amin Ahsan Islahi in his commentary on the verse. He writes:

“On this basis, there is no need for a waiting period for an aʾisah (postmenopausal woman) or a ṣaghirah (minor) who has not had intercourse. However, if either an aʾisah or ṣaghirah who has not menstruated has had intercourse, then a waiting period is necessary due to the possibility of doubt.” (Tadabbur-e-Quran, 8:442)

According to Maulana Islahi, the ʿiddah is prescribed not for minors per se, but for very young girls (kam-sin)—not necessarily non-pubescent—in whom there remains a possibility of conception. To address this doubt, the words “in irtabtum” (if you are in doubt) are used in the verse. Hence, in his view, the phrase “lam yaḥiḍna” does not refer to prepubescence but to young age in general (kam-sini), allowing for the possibility of post-pubescent but irregular cycles.

Javed Ahmed Ghamidi’s Perspective

Regarding verse 4 of Surah al-Ṭalaq, Javed Ahmed Ghamidi presents a unique interpretation. He translates the relevant portion of the verse as:

“Among your women, those who have despaired of menstruation, and likewise those who—despite reaching the age of menstruation—have not menstruated, if you have any doubt about them, their waiting period is three months.” (al-Bayan, 5:232)

The reasoning he provides for adopting this interpretation is as follows:

“The words ‘wal-laʾi lam yaḥiḍna’ occur in the verse, and ‘lam’ in Arabic is used for strong negation (nafy jaḥd). Hence, it cannot refer to those young girls who have not yet begun menstruation due to age, but rather to those women who, despite having reached the age of menstruation, have not menstruated.” (Al-Bayan, 5:232)

That is, while Arabic generally uses the word ma for negation, the particle lam negates the occurrence of an action with strength and also implies the impossibility of its occurrence. For example, in Surah al-Ikhlaṣ when it is said, “He neither begets nor is begotten,” the wording implies complete and absolute negation—even the possibility of God having offspring or parents is ruled out.

Similarly, in this verse, lam yaḥiḍna would mean: “those women who have never menstruated in the past and will never do so in the future.” Such a description cannot apply to prepubescent girls, since they will inevitably menstruate after attaining puberty. Therefore, when prepubescent girls are not under discussion—and the linguistic principle of negation precludes it—the reference must be to those women who, though mature, are permanently deprived of menstruation due to some medical condition.

A Question Arises

If the verse refers to women who—by God’s knowledge—will never menstruate and who, despite having had intercourse, cannot conceive, then why assign them a waiting period at all? The answer, Ghamidi says, lies within the verse itself. God states, “if you are in doubt,” assigning the doubt to the human side. That is, if any among you are uncertain, then the waiting period shall be three months. This measure is instituted to prevent potential social harm based solely on suspicion.

Understanding of the Companions

It is a well-established scholarly fact that no Companion (ṣaḥabi) ever interpreted this verse in the manner commonly claimed. Nor is there any record of a Companion ever marrying a prepubescent girl. The only reported instance of marriage before puberty is that of Aishah, and even that singular tradition has been heavily critiqued. Despite its popularity, it remains a solitary report (khabr waḥid) and is not corroborated by multiple reliable sources.

Numerous scholars and contemporary hadith experts have presented irrefutable evidence that Aishah was no less than eighteen or nineteen years old at the time of her marriage.

Furthermore, the earliest known interpretation of this verse that suggests otherwise comes from the tabiʿi Qatadah, who lived during the reign of Caliph ʿUmar b. ʿAbd al-ʿAziz. By this period, the narrative of Aishah’s marriage at age six had already entered circulation. It is thus reasonable to conclude that Qatadah’s interpretation was influenced by that narrative—if, indeed, the attribution to him is authentic.

The Root of the Misunderstanding

According to Ghamidi, the root of this misunderstanding lies in the widely accepted narrative of Aishah’s marriage at age six. When a claim is attributed to the Prophet and becomes widely accepted—even if it contradicts general custom, reason, and human nature—efforts are made to rationalize and accommodate it. In this case, when no actual societal precedent existed, jurists and exegetes began seeking Quranic justification. In doing so, they disregarded universally agreed upon principles of language and neglected basic human reason and morality. They accepted a famous tradition and reshaped legal and religious discourse to conform to it.

It is also noteworthy that despite the widespread transmission of Aishah’s marriage at a young age, the Muslim ummah has never regarded this act as part of the Prophet’s exemplary conduct (uswah ḥasanah) to be emulated. No eminent figure in the Islamic tradition has ever promoted this practice as a Sunnah, nor has it been praised, advocated, or promoted in any generation. Whether in Arab or non-Arab societies, no lasting tradition of marrying prepubescent girls ever developed. And apart from a few exceptions, scholars have not even considered this marriage an exclusive feature (khuṣuṣiyyah) of the Prophet’s life.

Precedents for Ghamidi’s Interpretation

One may ask: has any other scholar in the past interpreted this verse in the manner Ghamidi has? The answer is yes.

Among the early authorities, Qaḍi ʿAbd Allah b. Shubrumah and Abu Bakr al-Aṣamm held this same view. A large number of scholars from the Shiʿi tradition have also interpreted lam yaḥiḍna as referring not to minors, but to women who have reached menstruating age but, for some reason, do not menstruate.

For example, Ayatullah Makarim Shirazi, in Tafsir al-Namunah, translates the verse as:

“Not that menstruation has just not started, but rather those women are meant who—despite being of menstruating age—do not menstruate.”

Similarly, another Shiʿi scholar, Muḥammad Ḥusayn Najafi, writes:

“And among your [divorced] women who have despaired of menstruation—if you are in doubt concerning them—their waiting period is three months. And the same applies to those women who, despite being of menstruating age, do not menstruate due to some cause. As for pregnant women, their term is until childbirth. And whoever is mindful of God, God will ease his affair.” (p. 909)

Muḥammad Amin Akbar, author of Tafsir Amin, writes in his exegesis of this verse:

“Many people seek to prove the permissibility of marrying and consummating with underage girls based on this verse. They translate ‘those who do not menstruate’ as ‘those whose menstruation has not started yet’. But the actual translation is: ‘those who do not menstruate’. That is, the earlier part of the verse discusses uncertainty, while this part deals with a case of certainty. This verse has nothing to do with child marriage. It merely defines the waiting period in cases of menstrual uncertainty, certainty, and pregnancy. It also shows that menstruation is not the only means for calculating the waiting period. In the absence of menstruation, the period is three months. Furthermore, the verse is about women—the word nisaʾ refers to women in Arabic, not to young girls. In Arabic, the word for young girls is jariyyah, not nisaʾ.”

Summary of the Discussion

1. Contrary to the widely held view, verse 4 of Surah al-Ṭalaq refers to adult women who, despite being of menstruating age, do not menstruate.
2. Verses 5 and 6 of Surah al-Nisaʾ explicitly affirm that for marriage not only puberty but also maturity of understanding (rushd) is required.
3. There is no evidence from the time of the Prophet or his Companions to suggest that anyone understood the Quran or Sunnah to permit marriage without the condition of puberty. This is a matter aligned with both natural instinct and established social values, and has been affirmed by Muslim legal, social, and cultural traditions in every era. Furthermore, the Prophet’s unequivocal and universally accepted statement is that a marriage cannot be valid without the consent of both the man and the woman.
4. It is incorrect to claim a scholarly consensus (ijmaʿ) among Muslim scholars that marriage and sexual relations do not require puberty. While a large portion of Sunni jurists have held this view, scholars—both classical and contemporary—have always existed who strongly disagreed, considering puberty and maturity essential prerequisites for marriage, in alignment with reason, nature, and the spirit of the Shariʿah.