Marrying a young girl does not mean permissibility of having intercourse with her
Fatwa No: 198287

  • Fatwa Date:20-2-2013 - Rabee' Al-Aakhir 10, 1434
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Question

Al Salam alekum, I was in debate in Islam and there was question regarding the answer to the following translation of the Quran from Al_Tabari Al-Tabari (may Allaah have mercy on him) said: The interpretation of the verse “And those of your women as have passed the age of monthly courses, for them the ‘Iddah (prescribed period), if you have doubt (about their periods), is three months; and for those who have no courses [(i.e. they are still immature) their ‘Iddah (prescribed period) is three months likewise”. He said: The same applies to the ‘idaah for girls who do not menstruate because they are too young, if their husbands divorce them after consummating the marriage with them. that the last comment (He said: The same applies to the ‘idaah for girls who do not menstruate because they are too young, if their husbands divorce them after consummating the marriage with them. ") they conclude the meaning in having `Iddah after having intercourse with minor girl who did not reach the age of puberty. by highlighting the words (consummating the marriage) can you explain it please. thanks.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

Giving a young girl in marriage is something permitted in Islam. We have previously pointed that out in Fataawa 88199 and 116746. Praise be to Allaah, there is no ambiguity in the opinion that Imaam At-Tabari  may  Allaah  have  mercy  upon  him  mentioned. That is because if the young girl is not able for intercourse, then it is not permissible for her guardian to give her to her husband until she becomes able for it. If her husband divorces her before consummating marriage with her, then there is no ‘Iddah (i.e. waiting period) and thus she is not included in that verse; rather, she is included in the saying of Allaah The Almighty (which means): {O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.}[Quran 33:49]

However, if she is able for intercourse and her husband asks for her, and she was given to him, and he had intercourse with her and then divorced her, then ‘Iddah will be obligatory upon her.

Allaah Knows best.

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