What is the ruling on marrying off a minor widow (Thayyib Saghirah)?
General Chapter
Al-Mughni
Book of Marriage
Primary text
There are differing views regarding the marriage of a minor widow. The dominant view, favored by scholars like Ibn Hamid and Ibn Battah, and the position of Al-Shafi'i, is that she cannot be married off. This is based on the generality of the prophetic narrations and the principle that compulsion is determined by the state of virginity/widowhood, not age. Delaying the marriage allows her to mature and choose for herself, which necessitates delaying it, unlike the virgin. Another view, favored by Abu Bakr and Al-Aziz, and held by Malik and Abu Hanifa, permits her father to marry her off without consultation, likening her situation to that of a minor male, where compulsion is allowed because she is a minor.
Supporting text
A third view suggests that a daughter aged nine years may be married off by her guardian with her consent, and for those younger, the ruling follows the established difference of opinion concerning minors, similar to the virgin.