Читать книгу A Dictionary of Islam. Being a cyclopedia of the doctrines, rites, ceremonies, and customs, together with the technical and theological terms, of the Muhammadan religion онлайн

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The age of puberty, or majority, of a daughter is established by the usual signs of womanhood; but in the absence of these signs, according to Abū Ḥanīfah, she is not of age until she is eighteen. But the two Imāms, Muḥammad and Yūsuf, fix the age at fifteen, and with this opinion the Imām ash-Shāfiʿī agrees.

With regard to a daughter’s freedom in a marriage contract, Shaik͟h ʿAbdu ʾl-Ḥaqq, in his commentary on the Traditions (vol. iii. p. 105), says, “All the learned doctors are agreed that a virgin daughter, until she has arrived at the age of puberty, is entirely at the disposal of her father or lawful guardian, but that in the event of a woman having been left a widow after she has attained the age of puberty, she is entirely at liberty to marry whom she likes.” There is, however, he says, some difference of opinion as to the freedom of a girl who has not been married and has arrived at the age of puberty. Abū Ḥanīfah rules that she is entirely free from the control of her guardian with regard to her marriage, but ash-Shāfiʿī rules otherwise. Again, as regards a widow who is not of age, Abū Ḥanīfah says she cannot marry without her guardian’s permission, but ash-Shāfiʿī says she is free.