is under nine years of age has no legally recognized permission, because she knows nothing about marriage. She may give permission while understanding, or withhold it because she does not understand; thus, her permission carries no legal weight. But may her father marry her off in this situation?

We say: The basic ruling is that this is not permissible, due to the Prophet’s statement: “A virgin must not be married until her permission has been sought.” (1) She is a virgin, so she should not be married off until she reaches the age at which she is capable of being consulted, and then her permission is sought.

However, some scholars have cited a consensus that he may marry her off, adducing the hadith of Aishah, may Allah be pleased with her. We have already explained the distinction. Ibn Shubrumah, one of the well-known jurists, said: It is never permissible to marry off a young girl who has not reached puberty. For if we hold that consent is a condition, then her consent is not legally valid; and we do not permit compulsion in the case of an adult woman, so this case is even more deserving of that ruling. This view is correct: a father should not marry off his daughter until she reaches puberty, and once she has reached puberty, he should not marry her off until she is pleased with the marriage.

But suppose a man finds that this suitor is a suitable match and is advanced in age, and he fears that, if he dies, the girl will come under the guardianship of her brothers, who may manipulate her and marry her off according to their own desires rather than what is in her best interest. If he considers it in her interest to marry her to a suitable match, there is no harm in doing so. Yet she retains the option when she grows up: if she wishes, she may say, “I do not accept this, nor do I want it.”

If that is the case, then the safer course is not to marry her off, but to leave her