What Is the Evidence for Wilayat al-Ijbar?
Answered by Shaykh Irshaad Sedick
Question
I read in a fatwa about wilayat al-ijbar, where marriage and consummation with a minor under certain conditions are discussed. I couldn’t find supporting evidence for this in the four madhhabs, and I’m aware some scholars opposed marriage before puberty. Could you provide the proofs for this view? This issue is causing me significant distress.
Answer
In the Name of Allah, Most Merciful and Compassionate. May Allah’s peace and blessings be upon His Messenger, Muhammad (Allah bless him and give him peace).
Your concern about wilayat al-ijbar (the guardian’s authority to marry off a minor) is valid and relevant, as it touches upon complex and sensitive aspects of Sacred Law.
Context
In too many corners of the world, young girls are trapped in the harrowing cycle of arranged and forced marriages, a cruel manifestation of trauma, abuse, and extortion. It is a grotesque betrayal of the very essence of Islamic teachings, which safeguard dignity, autonomy, and well-being. Such practices are not just morally reprehensible; they are a gross violation of the sacred trust enshrined in our faith. The beauty of Islam’s laws is designed for a society living in purity—upholding both the letter and spirit of the law, where compassion, justice, and protection are paramount.
Under normal circumstances, the honor a father and grandfather hold for their daughters is unparalleled. These are the men who cherish their daughters, nurture their dreams, and safeguard their futures. Yet, this ideal blossoms only in hearts free from the disease of greed, cruelty, or selfishness. When hearts become corrupted, even the purest of laws can be twisted into instruments of harm. The exploitation of Islamic rulings on guardianship in marriage by those with tainted intentions transforms a mechanism meant to protect into one that destroys.
Classical Positions of the Four Sunni Schools.
The majority of scholars, including the imams of the four Schools, permit the marriage of a minor to a suitable match (kafa’a). Ibn Mundhir claimed consensus on this, supported by various evidences. [Zuhayli, al-Fiqh al-Islami wa Adillatuh]:
- Waiting Period for a Minor:
The verse, “And those women who no longer expect menstruation—if you doubt, then their period is three months, and [also for] those who have not menstruated.” [Quran, 65:4] indicates a waiting period of three months for a young girl who has not menstruated, implying the validity of marriage and divorce for minors. - Command to Marry Off Women:
“And marry the unmarried among you” [Quran, 24:32] commands the guardianship of marriage for all women, young or mature. - Prophetic Practice:
The Prophet (Allah bless him and give him peace) married ‘Aisha (Allah be pleased with her) at six, consummating the marriage when she was nine, with her father, Abu Bakr, arranging it. [Ibn Hajar, Fath al-Bari] - Practices of the Companions:
‘Ali married his daughter, Umm Kulthum, to ‘Umar while she was young.
‘Urwa married off his niece, his brother’s daughter, when she was still a minor.
The marriage of Ali’s minor granddaughter to Ibn Mas‘ud was also sanctioned by ‘Ali. (Allah be pleased with them all)
The scholars differ on who can marry off minors. The Malikis and Hanbalis restrict this to the father or his executor, emphasizing their role in safeguarding the child’s welfare. The Hanafis extend this to other close relatives under specific conditions, while the Shafi‘is maintain the exclusive authority of the father or grandfather. Across all Schools, the principle of preventing harm (la darar wa-la dirar) underscores that consummation is only permissible when the individual is physically and emotionally ready. [Zuhayli, al-Fiqh al-Islami wa Adillatuh; Shirbini, Mughni al-Muhtaj]
Pure Laws for Pure People
The wisdom behind wilayat al-ijbar lies in balancing societal needs and individual rights. The guardian’s role ensures the child’s welfare, protection from exploitation, and securing a stable future. However, these rulings operate under the presumption of a just and caring society. When misused by those with corrupted hearts, they can lead to severe injustice and harm. This highlights the importance of Siyasa—governance within Islamic principles—where civil laws may impose further protections, such as age restrictions, to prevent abuse.
Please read this related answer.
And Allah knows best.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Mohammad Abu Bakr Badhib
Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan.
Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Mawlana Yusuf Karaan, and Mawlana Abdul Hafeez Makki, among others.
He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has served as the Director of the Discover Islam Centre and Al Jeem Foundation. For the last five years till present, he has served as the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.
Shaykh Irshaad has thirteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic online learning and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy living and fitness
