Fatwa #21021 February 2001United States of America
Regarding Nikah performed at a young age.
Question
Respected Mufti Desai, My uncle was only a child when my grandfather performed his Nikah. He was probably 7 or 8 years old. My uncle's actual married life started after he was around 25 years or so however, he had a very difficult time accepting this fact. At that time, I believe it was sort of a custom in Indian muslims to perform such Nikah in early childhood. This custom is still practiced among certain Muslims in India. Are such Nikahs considered valid? Jazakallah.
Answer
When a minor's Nikah is performed by his or her father or grandfather
(father's father), the contract will be binding upon the minor even after
the age of puberty. This does not exclude the right of divorce (Talaaq) or
Khulaa (request for divorce on monetary exchange) by male and female
respectively.
However, if the marriage was performed by anyone else, the minor possesses
the right to cancel the Nikah (faskh) upon maturity. (Hidaaya vol.1 pg.316,
Babul Awliya Wal Akfa)
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.
(father's father), the contract will be binding upon the minor even after
the age of puberty. This does not exclude the right of divorce (Talaaq) or
Khulaa (request for divorce on monetary exchange) by male and female
respectively.
However, if the marriage was performed by anyone else, the minor possesses
the right to cancel the Nikah (faskh) upon maturity. (Hidaaya vol.1 pg.316,
Babul Awliya Wal Akfa)
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.