The talaq of a boy

Question

A boy is 14 years old and a minor. His paternal uncle had his nikah performed in his childhood, when the said boy was 4 or 5 years old. The girl to whom he was married is now an adult; she is now about 18 years old. The girl’s parents want the girl to be married elsewhere, otherwise — she is a young girl, and there is a fear that she will fall into temptation (fitna); and for about two years she has been expressing her displeasure with this nikah.

Answer

This issue is stated explicitly in the matns (base texts) of the madhhab, as the questioner also admits. Therefore, if an isolated (shadhdh) particular ruling (juz’iyya) contrary to it is found, some good interpretation will be proposed for it and it will be deemed consistent with and subordinate to the basis of the madhhab; if that is not possible, then what has been…

Source: Fatawa Mahmudiyya

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