Is the marriage contract valid if contracted by the father for his minor, non-pubescent virgin daughter against her will?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The marriage contract is established even if the father's act is disliked, whether the daughter is young or old. Regarding the minor virgin, there is no dispute; every scholar whose view we know agrees that the marriage of the father to his minor virgin daughter is valid if he marries her to a competent match. It is permissible for him to marry her despite her dislike or refusal. Evidence for the validity of marrying a minor is found in the statement of God: "And for those who have ceased menstruating among your women, if you have doubts, then their waiting period is three months, and for those who have not menstruated" [Quran 65:4]. Setting the waiting period for those who have not menstruated to three months indicates that they are married and divorced, and their permission is not required, establishing their contract.
Supporting text
The narration that the Prophet, peace be upon him, married Aisha (may Allah be pleased with her) when she was six and consummated the marriage when she was nine (agreed upon), indicates that her permission was not considered at that stage. Furthermore, it is reported that Qudamah ibn Maz'un married the daughter of Al-Zubayr after her first confinement, and 'Ali married his daughter Umm Kulthum to 'Umar ibn Al-Khattab while she was young.