وَابۡتَلُوا الۡيَتٰمٰى حَتّٰىۤ اِذَا بَلَغُوا النِّكَاحَ ۚ فَاِنۡ اٰنَسۡتُمۡ مِّنۡهُمۡ رُشۡدًا فَادۡفَعُوۡۤا اِلَيۡهِمۡ اَمۡوَالَهُمۡۚ وَلَا تَاۡكُلُوۡهَاۤ اِسۡرَافًا وَّبِدَارًا اَنۡ يَّكۡبَرُوۡا ؕ وَمَنۡ كَانَ غَنِيًّا فَلۡيَسۡتَعۡفِفۡ ۚ وَمَنۡ كَانَ فَقِيۡرًا فَلۡيَاۡكُلۡ بِالۡمَعۡرُوۡفِ ؕ فَاِذَا دَفَعۡتُمۡ اِلَيۡهِمۡ اَمۡوَالَهُمۡ فَاَشۡهِدُوۡا عَلَيۡهِمۡ ؕ وَكَفٰى بِاللّٰهِ حَسِيۡبًا ٦
And test the orphans [in their abilities] until they reach marriageable age. Then if you perceive in them sound judgement, release their property to them. And do not consume it excessively and quickly, [anticipating] that they will grow up. And whoever, [when acting as guardian], is self-sufficient should refrain [from taking a fee]; and whoever is poor - let him take according to what is acceptable. Then when you release their property to them, bring witnesses upon them. And sufficient is Allāh as Accountant.
[Al-Quran 4:6, Translation: Saheeh International]
A common misconception is that Islam allows marrying of children. It doesn't. Surah an-Nisa (The Women) explicitly states that when orphans reach 'nikah' age, test them to see if they have legal sense (رُشۡدًا), and if they do, only then is their guardian to hand over their inherited property to them. Moreover, nikah itself is a ratified covenant between two adults, as stated in ayaat 20 and 21 of the same surah:
وَاِنۡ اَرَدتُّمُ اسۡتِبۡدَالَ زَوۡجٍ مَّكَانَ زَوۡجٍ ۙ وَّاٰتَيۡتُمۡ اِحۡدٰٮهُنَّ قِنۡطَارًا فَلَا تَاۡخُذُوۡا مِنۡهُ شَيۡـــًٔا ؕ اَ تَاۡخُذُوۡنَهٗ بُهۡتَانًا وَّاِثۡمًا مُّبِيۡنًا ٢٠
وَ كَيۡفَ تَاۡخُذُوۡنَهٗ وَقَدۡ اَفۡضٰى بَعۡضُكُمۡ اِلٰى بَعۡضٍ وَّاَخَذۡنَ مِنۡكُمۡ مِّيۡثَاقًا غَلِيۡظًا ٢١
But if you want to replace one wife with another and you have given one of them a great amount [in gifts], do not take [back] from it anything. Would you take it in injustice and manifest sin?
And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?
[Al-Quran 4:20-21, Translation: Saheeh International]
The Age of Aisha رضي الله عنها, the wife of Prophet Muhammad ﷺ is commonly quoted as proof of underage marriage. According to a study on Dr Khalid Zaheer's website, the age of Aisha رضي الله عنها at the time of her nikah was 18, and at the time of rukhsati she was 19 years old.
Age of Marriage is the age at which a society decides what is the minimum right age for the ability to consent to marriage. Traditionally, many cultures have had this minimum age to be twelve. While most girls menarche (start menstruating) around age twelve, the general range of age is between ten and sixteen. So, it is quite possible that a girl gets married before her menarche. So, in Surah at-Talaq (The Divorce), we find explicitly mentioned the waiting time for women who have stopped menstruating or haven't started. The Quran is quite explicit about such necessary details, especially where our common knowledge does not encompass the situation.
Age of Majority is the legal age of adulthood as recognised by law, or society, depending on the whether the law has or not defined it. Generally, Age of Marriage and Age of Majority are considered at the same age or nearly overlap. It is a worldwide practice, and many Abrahamic and non-Abrahamic religions' examples, present and historic, can be found online.
Marriage is fundamental cornerstone of the human family and society. It is a sacred trust, a ratified covenant, establishing rights and responsibilities, and ensuring an honourable way of cohabiting and procreating under divine law. Sexual activity outside the fold of marriage is considered illegal under divine law and is a punishable offence. Those who do not wish to abide by the Divine Law (Deen) use various arguments against the Muslim way of life to make it seem inferior. Many a previously Christian nations have accepted the secular way of life, and have an Age of Consent enshrined in their man-made laws. Where these laws exist, the Age of Consent is generally twelve, even if the Age of Marriage is much higher. That is, they actively permit and engage in sexual activities punishable under Divine Law. Islam seeks to distinguish between the law-abiders and the criminals, to purify and make the human family flourish, in the dunya, and in the akhirah.
Related
links to my posts:
The Covenant & Its Ratification for why مِّيۡثَاقًا means a ratified covenant
Understanding Q2:256 (No compulsion in Deen) for why رُشۡدًا implies legal sense
atTayyabaatu (الطَّيِّبَاتُ) vs alKhabais (الْخَبَائِثَ)
to external links:
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Last updated on: April 15, 2025
