Shaykh al-Islām—may Allah have mercy on him—was asked:

“Regarding a girl who has not reached puberty, whom someone has come forward wishing to marry: may the judge marry her off?”

He replied:

Praise be to Allah. If the suitor is a suitable match for her, she may be married off according to the sounder of the two scholarly opinions. This is the position of Abū Hanīfah and the well-known position reported from Ahmad. Some scholars hold that she may be married off without her consent, while retaining the right of choice. This is Abū Hanīfah’s position and one position reported from Ahmad. Others hold that once she reaches nine years of age, she may be married off with her permission, but has no right of choice upon reaching puberty. This is the apparent position of Ahmad’s school, based on the Prophet’s words—may Allah bless him and grant him peace:

“An orphan girl must not be married off until her permission is sought. If she remains silent, she has given permission; but if she refuses, no marriage may be imposed upon her.”

This was narrated by Abū Dāwūd, al-Nasā’ī and others. The permissibility of marrying off an orphan girl is established by the Quran and the Sunnah. Allah Most High says:

“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 what is prescribed for them, yet whom you wish to marry, and concerning helpless children.’”

It is authentically reported from ‘Ā’ishah—may Allah be pleased with her—that this verse was revealed concerning an orphan girl whose guardian wishes to marry her if she has wealth, but does not marry her if she has none. They were therefore forbidden to marry such girls unless they treated them fairly regarding their dowries. Allah has thus permitted a guardian to arrange an orphan girl’s marriage, provided he gives her a dowry appropriate to women of her standing. And Allah knows best.