Age of Parties
Allah says in an-Nisa verse 6 which means: “make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully nor in haste”. The Muslim jurists agreed that the age of marriage mentioned here is age of puberty. However the jurists are differed in regard to the age of puberty. On the other some jurists say there is no minimum age of marriage. They support their contention based on the hadith that the Prophet married Aishah when she was 6 years old and she only moved to his house when she was 9 years old (Narrated by al-Bukhari and Muslim).
Section 8 of the Islamic Family Law (FT) Act provides that “no marriage may be solemnized under this Act where either the man is under the age of eighteen or the woman is under the age of sixteen except where the Syariah Judge has granted his permission in writing in certain circumstances”. Thus a minimum age of marriage for male is 18 while for female is 16. However a minor may ask written permission of the Syariah Judge to marry. The permission may be granted in certain circumstances and it depends on the judge discretion.