from the orphan girl concerning her marriage. If she remains silent, that is her consent; but if she refuses, the marriage may not be imposed on her.” Narrated by Ahmad, Abū Dāwūd, al-Tirmidhī and al-Nasā’ī.

Abū Mūsā al-Ash‘arī also narrated that the Messenger of Allah—may Allah bless him and grant him peace—said:

“The orphan girl must be consulted concerning her marriage. If she remains silent, she has consented; but if she refuses, the marriage may not be imposed on her.”

This Sunnah explicitly supports the third view, which is the most balanced: that she may be married off. This is contrary to the view that she may not be married off until she reaches puberty, when she is no longer an “orphan girl.” The Quran and Sunnah explicitly include orphan girls who have not yet reached puberty in this ruling, since a girl who has reached puberty and has authority over her property may agree to less than the dowry customary for women of her standing. Moreover, this is what the term denotes in its literal sense. Even if someone who has reached puberty is figuratively called an orphan, this means, at most, that such a person falls within the term’s general scope.

As for interpreting “orphan girl” to mean a girl who has reached puberty to the exclusion of one who has not, the wording cannot possibly bear such an interpretation. And Allah knows best.

He—may Allah Most High have mercy on him—was asked:

An orphan girl has no father and no guardian other than her brother. She is twelve years old and has not reached puberty. Her brother has concluded a marriage contract on her behalf with her permission. Is this permissible or not?

He answered:

This contract is valid according to Ahmad’s school, as expressly stated in most of his responses and adopted by the majority of his followers, and according to Abū Hanīfah’s school as well. However, according to the well-known position reported from Ahmad, if she is married off with her own permission and that of her brother, she has no option to rescind the marriage when