There are numerous accounts on this blog of the horrors of child marriages, and this article recounts some of the most visible:
Dubai: Two little girls aged eight and nine celebrated last year a Sana’a court ruling that allowed them to annul their marriages.
A third young girl in the second grade was about to marry a man in his thirties when the civil society groups intervened and stopped the wedding a few months ago in the southern part of the country. Unconfirmed reports said an 8-year-old Yemen girl died after being married to a man in his forties.
Unfortunately, most tragedies have neither ink spilled nor outraged onlookers:
Child marriages are rampant in Yemen. A study revealed that the bridal age in more than half of the finalised marriages in Yemen was under the age of 15. According to the study conducted by Sana’a University, only 7 per cent of “husbands” were under the age of 18.
It also added that nearly 65 per cent of females are married “underage,” while that number rises to 70 per cent in rural areas.
Fighting local custom with legislation is notoriously hard, and fighting Allah is impossible.
There is nothing in shareeah to stipulate a particular age of marriage for the man or woman. The scholars are unanimously agreed that marriage of a minor girl is permissible if her father gives her in marriage to someone who is compatible.
The Qur'an and Sunnah indicate that marriage of a minor [a female who has not yet reached puberty] is valid, and no particular age is stipulated for that.
Ibn Qudaamah (may Allah have mercy on him) said: If a man gives his virgin daughter in marriage to someone who is compatible, then the marriage is valid. … With regard to a virgin who is a minor, there is no difference of scholarly opinion concerning that. Ibn al-Mundhir said: All the scholars from whom we acquired knowledge are unanimously agreed that it is permissible for a father to give his minor daughter in marriage, provided that he offer her in marriage to someone who is compatible, even if she objects and refuses. The fact that it is permissible to give a minor girl in marriage is indicated by the verse in which Allah, may He be exalted, says (interpretation of the meaning): And those of your women as have passed the age of monthly courses, for them the Iddah (prescribed period), if you have doubts (about their periods), is three months, and for those who have no courses ((i.e. they are still immature)… [at-Talaaq 65:4]. So the iddah for one who has not started to menstruate is three months, and the iddah of three months can only be required in the case of talaaq (divorce) or annulment of marriage. This indicates that (the girl who is a minor) may be married and divorced, and her consent is not essential.
Aa'ishah (may Allah be pleased with her) said: The Prophet (blessings and peace of Allah be upon him) married me when I was six years old and consummated the marriage with me when I was nine. Agreed upon. It is known that at that age she would not be one of those whose permission would be taken into account.
If this is how religion is revealed, then no laws can be accepted as authoritative by devout Muslims:
Shaykh Ibn Baaz (may Allah have mercy on him) said, commenting on the minimum legal age for marriage in some countries: Praise be to Allah, and blessings and peace be upon the Messenger of Allah. To proceed
The newspaper ar-Riyadh (issue no. 4974) published a report entitled Family Law proposal in the Emirates, in which it stated that the proposal is based on Islamic shareeah. In the article it says: With regard to marriage contracts, the law states that the boy should be no younger than eighteen years and the girl should be no younger than sixteen, and a penalty of no less than one thousand dirhams and no more than five thousand is to be imposed on anyone who goes against this law, so long as the court has not decided otherwise in cases where preservation of honour and dignity is sought. It is also not permitted for anyone who have passed the age of sixty years to marry the without the permission of the court, especially if the age difference between the two parties is greater than half the age of the older of the two.
Because this is contrary to what Allah, may He be glorified and exalted, has prescribed, I would like to point out the truth. There is no upper or lower limit on the age for marriage; this is indicated by the Qur'an and Sunnah.
For a comparison, imagine how practicing Catholics see laws concerning abortion -- we don't find them compelling, nor are we able to change our minds about the morality of the action. We protest, educate, and act according to the principles revealed by God. That would explain the difficulty in legislating minimum marriage ages in Muslim communities -- secular laws are simply ignored by those who prioritise divine imperatives.