she reaches puberty.

Abū Hanīfah, and Ahmad according to one report, hold that she may be married off without her permission, but she has the option to rescind the marriage upon reaching puberty. This is also one of the two views in Mālik’s school. Another report from him states that if there is a need for her to marry and she is capable of intercourse, it is permissible. It has also been said that she may be married off, with the option to rescind the marriage upon reaching puberty.

Ibn Bashīr said: The later scholars agreed that she may be married off if there is fear that she might fall into corruption.

The “third” view, held by al-Shāfiʿī and by Ahmad according to the other report, is that she may not be married off before reaching puberty if she has neither a father nor a grandfather. They argue that she has no guardian empowered to compel her to marry, while her own permission is not legally valid before puberty. Thus, she cannot be married off on the basis of either her own permission or that of her guardian.

The “first view” is more correct, as indicated by the Quran, the Sunnah and sound reasoning. Allah Most High says:

“They ask you for a ruling concerning women. Say, ‘Allah gives you a ruling concerning them, and concerning what is recited to you in the Book about orphan girls whom you do not give what is prescribed for them, yet whom you wish to marry, and concerning helpless children, and that you should uphold justice for orphans.’ Whatever good you do, Allah is ever aware of it.”

It is authentically reported from ʿĀ’ishah—may Allah be pleased with her—that this verse was revealed concerning an orphan girl in the care of her guardian. If she possessed wealth and beauty, he would marry her without giving her a fair dowry; but if she had no wealth, he would not marry her. He was therefore forbidden to marry her unless he gave her a fair dowry, because he would otherwise be disinclined to marry her if she had no wealth.

His words,

“Say, ‘Allah gives you a ruling concerning them, and what is recited to you in the Book,’”

mean: it gives you a ruling, and We give you a ruling concerning the helpless. It has thus been reported by