Shaykh al-Islām—may Allah have mercy on him—was asked about a girl who had not yet reached puberty and whose father had died:

“May the judge or his deputy marry her off? Does she have the option to rescind the marriage upon reaching puberty?”

He replied:

Once she is nine years old, her guardians—her agnatic relatives, the judge, or his deputy—may marry her off, according to the apparent position of Ahmad’s school. This is also the position of Abū Hanīfah and others, as indicated by the Quran and Sunnah, including the words of Allah Most High:

“They ask you for a ruling concerning women. Say, ‘Allah gives you a ruling concerning them, as does what is recited to you in the Book concerning orphan girls whom you do not give their prescribed rights, yet whom you desire to marry.’”

Al-Bukhārī and Muslim recorded in their Sahīh collections that ‘Urwah ibn al-Zubayr asked ‘Ā’ishah about the words of Allah, Mighty and Majestic:

“If you fear that you will not deal justly with orphan girls, then marry other women of your choice—two, three, or four.”

She said: “My sister’s son, this refers to an orphan girl in her guardian’s care who shares in his property. He is attracted to her wealth and beauty and wishes to marry her without giving her a fair dowry equal to what another man would give her. They were therefore forbidden to marry such girls unless they treated them fairly and paid them their customary dowry. They were instructed instead to marry other women of their choice.”

‘Urwah said:

‘Ā’ishah said: “Then, after this verse, people asked the Messenger of Allah—may Allah bless him and grant him peace—for a ruling concerning these girls, so Allah revealed