What is the legal status regarding the marriage of a female minor (Jariyah) upon reaching the age of nine?
General Chapter
Al-Mughni
Book of Marriage
Primary text
When a female minor reaches nine years of age, there are two established narrations concerning her marriageability. The primary opinion holds that her ruling is the same as one who has not reached nine years. This view is held by Malik, Al-Shafi'i, Abu Hanifa, and the majority of jurists. Their evidence is that since her consent is not considered in other transactions, it is likewise not considered in marriage, as she is not yet considered fully mature. This ruling is supported by a narration from Al-Athram.
Supporting text
The second narration holds that her ruling is that of a mature woman. This is supported by the implication of the verse (referencing the requirement of permission for the orphan woman's marriage) and the general implication of the Hadith stating that the orphan woman is married with her permission, and no marriage occurs if she refuses. This necessitates applying this ruling to one who has reached the age of nine. Imam Ahmad narrated via his chain from Aisha that when a female minor reaches nine years, she is considered a woman. A similar narration is reported from Ibn Umar, referencing the Prophet (peace be upon him) regarding her being treated as a woman in terms of ruling. The rationale is that she has reached an age where menstruation is possible and the need for marriage arises, thus permitting her marriage like a mature woman. Consequently, if she is married and then attains maturity, she has no option to annul the marriage, similar to a mature woman who is married.