Support is sometimes sought for the marriage of minors from the verse which speaks of women not having their course as being divorced: “And those of your women who despair of menstruation, if you have a doubt, the prescribed time shall be three months, and of those too who have not had their courses” (65:4). But it is wrong to identify women who have not had their courses with minors, for there may be cases in which a woman reaches the age of majority though she has not had her courses and it is with such exceptional cases that this verse deals. At any rate, there is no mention anywhere in the Holy Qur’ān or Ḥadīth of minors being married or divorced. In Jurisprudence, however, the legality of the marriage of a minor when contracted by a lawful guardian is recognized. This subject is further discussed under the heading “Guardianship in marriage.”
Marriage is called a covenant (mīthāq) in the Holy Qur’ān, a covenant between the husband and the wife: “And how can you take it (i.e., the dowry) when one of you has already gone in to the other and they have taken from you a strong covenant (mīthāq-an ghalīzan)?” (4:21). The marriage contract is entered into by mutual consent expressed by the two parties, the husband and the wife, in the presence of witnesses, and that is the only essential. This mutual consent is technically called affirmation or declaration (ījāb) and acceptance or consent (qabūl) in Jurisprudence. The marriage is made complete by the expression of mutual consent in the presence of witnesses24, but it was the practice of the Holy Prophet to deliver a sermon (khuṭbah), before the declaration of marriage was made, to give it the character of a sacred contract. A dowry (mahr) must also be settled on the woman, according to the Holy Qur’ān, but the marriage is valid even if mahr is not mentioned, or even if the amount of mahr is not agreed upon. The expression of the consent is in the preterite form according to the Hidāyah; for instance, the parties, would say, qabiltu (I have accepted) or zawwajtu (I have taken as my mate or partner), but no particular form or particular words are essential; any expression which conveys the intention of the parties in clear words is sufficient. It is not necessary that the proposal should come
24 Sayyid Amīr ‘Ali says in his Muḥammadan Law that according to the Shi‘ahs, the marriage is valid without the presence of witnesses, but this doctrine cannot hold in the presence of what is clearly stated to be the practice of the Holy Prophet. Moreover, when there is a clear direction in the Holy Qur’ān as to the necessity of witnesses at the time of divorce, it stands to reason that the presence of witnesses at marriage should be equally necessary.