MINOR'S MARRIAGE
GUARDIAN'S RIGHT TO MARRY A MINOR GIRL
The right to marry a minor by the guardian is agreed by all the Muslim jurists and a minor girl who has not attained the age of puberty can be given in marriage by the guardian
OPTION OF PUBERTY
In the case of the minor's marriage by a guardian, the right of option of puberty has been given to the minor girl to accept or cancel the marriage after the attainment of puberty.
MINOR'S AGE LIMIT FOR PUBERTY BY ISLAM
Islam has fixed no age limit for puberty, for it varies with the countries and with races due to the climate, hereditary, physical, and social conditions.
SITUATION IN WHICH MINOR HERSELF MARRIAGE CONTRACT
When a minor girl, who has no relation that can stand in the situation of a wali, contract herself in marriage, and there is no Kazi from whom sanction may be obtained the marriage is not void but will take effect on her attaining majority and ratifying the contract.
GUARDIAN'S AUTHORITY
A guardian has no authority to marry a woman who has attained puberty, without her consent, and such a marriage cannot be merely held to be void because it was not liked by a guardian.
According to Fatwa-i-Kazee khan (at page 86), the text which forms the basis of the authority of a guardian (in a matter of marriage) is the saying of the Holy Prophet (PBUH)"there is no Nikah except by (means of) a guardian " and the existence of a guardian is a condition for the validity of the marriage
of a minor, and of those who are the property of others (i.e. those who are slaves) and of those who are insane.
"A woman, without a husband, must not be married until she is consulted, and a virgin must not be married until her permission is sought "
A marriage having been entered into by a girl while she has not attained puberty is no marriage at all in the eye of law and therefore void.
The mere presence of an uncle who had acted as wakil is not sufficient.