All praise be to Allah, and peace and blessings be upon the Messenger of Allah!
There was an article published in "AlRiyadh" newspaper, issue no. 4974, entitled: "The Draft Personal Status Law in the Emirates". The article explains that the law is derived from the Shari'ah (Islamic law). It states, "Pertaining to marriage contracts, the law stipulates that the man must not be less than 18 years old and the woman not be less than 16 years old. A fine of not less than 1,000 Dirhams and no more than 5,000 Dirhams will be imposed on anyone who violates this law. No fine will be imposed if the court finds an acceptable justification, such as preserving honor. It is also not permissible for anyone over 60 years old to marry without obtaining permission from the court, especially when there is a big age difference between the two parties and one is half the age of the other."
As these laws contradict the Shari'ah, I want to clarify the truth. marriage is not limited to a certain minimum or maximum age by the Qur'an or the Sunnah (whatever is reported from the Prophet).
They both encourage marriage and awaken a desire for it without specifying a certain age. Allah (Exalted be He) says: They ask your legal instruction concerning women, say: Allâh instructs you about them, and about what is recited unto you in the Book concerning the orphan girls whom you give not the prescribed portions (as regards Mahr and inheritance) and yet whom you desire to marry
It gives permission to marry an orphan girl, defined as the one who has not attained the age of puberty yet, which is maximally at the age of fifteen, as is most likely, yet she may attain it at a lesser age. The Prophet (peace be upon him) said, "An orphan girl's permission must be sought in regard to herself. If she is silent, that is her permission, but if she refuses, it is not permissible to marry her (against her wishes)."
' Aishah (may Allah be pleased with her) when she was 6 or 7 years old and he (peace be upon him) consummated the marriage when she was 9 years old. His actions (peace be upon him) are legislation to this Ummah (nation based on one creed). The Sahabah (Companions of the Prophet, may Allah be pleased with them all) also used to marry when they were young and old, without any specifications on age. No one has the right to impose laws other than those laid down by Allah and His Messenger or to change them, as they are sufficient. Anyone who holds an opposing view has wronged themselves and has created a law for people to do what Allah has not ordained. Allah (Glorified and Exalted be He) criticizes those who do that saying: Or have they partners (with Allâh — false gods) who have instituted for them a religion which Allâh has not ordained?
The Prophet (peace be upon him) said, "Anyone who introduces something in this matter of ours (Islam) that is not from it, will have it rejected." (Agreed upon by AlBukhari and Muslim)In another narration by Muslim, he (peace be upon him) said, "Anyone who does an action which is not in accordance with this matter of ours (Islam), will have it rejected." (A lBukhari ranked it as Hadith Mu'allaq (a Hadith missing link in the chain of narration, reported directly from the Prophet) in his "Sahih [Book of Authentic Hadith]" and stressed it)
I would like to remind those responsible for these matters of Allah's Words: And let those who oppose the Messenger's (Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ) commandment (i.e. his Sunnah legal ways, orders, acts of worship, statements) (among the sects) beware, lest some Fitnah (disbelief, trials, afflictions, earthquakes, killing, overpowered by a tyrant) should befall them or a painful torment be inflicted on them. Any Fitnah (trials), hindrance on the Path of Allah, plague, war, or any affliction that befalls the Ummah or its members is due to their opposition to Shari'ah. Allah (Exalted be He) says: And whatever of misfortune befalls you, it is because of what your hands have earned. And He pardons much. (See the Qur'ân Verse 35:45). Allah (Glorified and Exalted be He) tells us about the punishments and destruction that afflicted previous nations due to their opposition to His Orders, so wise people may heed this cautionary advice and receive admonition.
It is not a sufficient claim to be applying the Shari'ah if there is what opposes it. Allah (Glorified and Exalted be He) criticizes the Jews for this when He says: Then do you believe in a part of the Scripture and reject the rest? Then what is the recompense of those who do so among you, except disgrace in the life of this world, and on the Day of Resurrection they shall be consigned to the most grievous torment. And Allâh is not unaware of what you do.
I would like to remind Muslim scholars to have Taqwa (fearing Allah as He should be feared) and fulfill their duty of giving advice to rulers, by showing them AlHaqq (the Truth), exhorting them to stick to it, and warning them against opposing it. Allah (Exalted be He) says: O mankind! Be afraid of your Lord (by keeping your duty to Him and avoiding all evil), and fear a Day when no father can avail aught for his son, nor a son avail aught for his father. Verily, the Promise of Allâh is true: let not then this (worldly) present life deceive you, nor let the chief deceiver (Satan) deceive you about Allâh.
May Allah guide us all to speak the truth, accept it and follow it! I ask Allah to unite all Muslims and guide them to follow His Shari'ah in all their affairs, as He is the Patron and the only One Capable of that. May peace and blessings be upon our Prophet Muhammad, and his family and his Companions.