The Quran ties puberty with intellectual maturity together as a prerequisite for starting one's own life, showing that marriage is not only a question of physical maturity 4:5-6. Wealth is handed back to them when they reach maturity/rushd, determined intellectually, as well as a mariageable age, determined physically. If, by the way, the "reaching" of that age isnt determined through observable physical signs as occurs at puberty, but rather the reaching of a specific age, why doesnt the verse simply give that age? The reason is that these bodily changes occur at different ages. Further, to specify an age of marriage would be unpractical. Life expectancy varies depending on many factors. Some countries' average is in the 30s, even today. These conditions necessitate childbearing to happen at the earliest possible time so as to avoid demographic decline. Also, this marriageable age does not have to be at the very start of puberty. It is left to the parent's appreciation who must also evaluate mental readiness. This is done by talking and interacting socially with a person. By their behaviours in different situations and answers to topics like married life, one can evaluate readiness. Anyone who has children understands this process of maturity. The approach to marriageable age in Islam is thus holistic, instead of arbitrary as is the case in modern, secular societies. Muslim fathers, and traditional fathers in general are very protective towards their children and girls in particular. They will never just give away their daughters in marriage without making sure they are ready for full marital life, which includes being capable of shouldering multiple household tasks. Neither would they accept anyone marrying their daughters who is not in the best interest, spiritual, physical, material, to their daughter.
Age of consent in non-muslim countries has varied greatly throughout recent history. It went from "undefined" (ie during puberty) to around 15 years old. The reason they began raising the age was to avoid abuse and child prostitution. On the flip side, these unnatural regulations generated other problems. A child of 8-15 hitting puberty starts experiencing strong sexual desires. The best course of action is to have the consensual option of channeling those desires within the safe bonds of marriage. But modern societies prefer having their children engaging in hidden deviations including fornication, masturbation, pornography. Abstinence is a known failure in this age range and especially in our time of overexposure to information and temptations, as well as almost limitless gender mixing. The true fact is that in these Judeo-Christian liberal societies, by the time a girl reaches what is considered an acceptable marriage age in her mid 20s, she would have already accumulated multiple sex partners. The burden is thus on Judeo-Christian and secular societies to propose an alternative to the Islamic solution.
Also, and as is obvious in our modern times, mental maturity occurs much later than it did in earlier societies. In Islam however there is no such thing as age of consent. Sex is only possible if both parties enter into a marriage agreement. And this necessitates mental readiness as amply seen from the Quran and sunna. Neither the Quran nor the prophet ever allowed abusing anyone.
The verses 4:5-6 state that the orphans about to live independently are to be put through intellectual trials prior to their reaching the age of nikah
"And test the orphans until they attain mariageable age".If the orphan reaches the age but fails those tests then he cannot be left to fully unite with another and consume the marriage, since starting a life of married couple necessarily includes managing a family and property. A woman receives the dower agreed upon with the husband, either before or after the marriage but always before there can be sexual contact 2:236-7,4:4,19,24-25,5:5. This is a very important point.
The husband cannot retain this amount under any circumstances unless the wife willingly chooses to remit some part of it. An immature woman cannot freely dispose of her wealth, not even a portion of it, meaning her mental maturity is a prerequisite for releasing the dower which must happen before sexual contact.
This shows again that mental and physical maturity are tied together as a prerequisite for living together as a married couple and starting one's own life. All this is demonstrated in the case of female orphans whom the guardian is taking care of and managing the property. The verses 4:5-6 are part of a passage dealing with the well being of orphans. It urges the guardian to make sure the orphans under his care are fully able to enter independently into society. Why would the same guardian do any differently with his own children? This is why commentators including ibn Abbas and ibn Kathir argue for the general application of the verse 4:5-6 to any immature individual. Similarly in 60:12 there is nothing specific for believing women. Bukhari reports that the Prophet, based on this verse addressing women, used to take pledge from believing men on exactly the same terms as believing women.
Elsewhere the Quran refers to marriage as a covenant/mithaq 4:21. As there can be no agreement unless both parties give their consent to it, marriage in Islam can only be contracted with the free consent of the two parties.
The fiqh of even the classical schools argue that a female needs to be consulted regarding her marital status. There is absolutely no such concept as a forced marriage in Islam and every female enters into the contract willingly and mentally capable to understand the situation she is getting into. The actual complete expression is mithaq ghaleezan/a solemn covenant and is used elsewhere to denote a serious bilateral agreement unbefitting of a child 4:154,33:7.
A Girl once came to the prophet, anxious and saying she dislikes the man her father has arranged for her, the Prophet answered
“If you do not like him, that is an end to the matter. You have full authority. Go and make the choice of man whom you would like to marry.”This attitude from the Prophet was unheard of in a time where girls had nothing to say in that matter. His daughters married the men of their choice, when Ali came to him asking the hand of Fatima, he answered
"Several persons have come to me to ask the hand of az-Zahraa but by the displeasure of her countenance she has refused them. Now I shall inform her of your request.”
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