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As far as I know in Islam marriage contract is allowed at any age as is mentioned by Imam Ibn Battal and Imam Ibn Hajar but consummation of marriage is allowed only when the girl is able for it.Also that there is a consensus of scholars that the guardian is not allowed to give the bride to the husband untill she is able to consummate the marriage.

So, when Scholars mentioned that consummation of the marriage can only happen when the girl is able for it, did the scholars also mean that not only intercourse but also all forms of sexual contact for example kissing or touching with desire is prohibited in case of an early marriage where the bride is both immature by age meaning did not reach puberty and also physically unfit for intercourse?

I always thought the case was that all forms of sexual contact with immature girl with whom marriage contract was done was forbidden and by immature I mean who is not both able to have intercourse and also did not reach puberty but some people(i.e mostly christians trying confuse muslims)have been saying it was allowed to enjoy them sexually in other ways and only that intercourse was forbidden.

If it is allowed then , which conditions make it permissible and impermissible.

I need a clarification on this issue.

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  • @UmH My question was not about intercourse to be exact, It was about enjoying wife without intercourse, when she is not able for it, because of her young age. From what I understand is that ,it depends on custom and the girl's ability to understand such desires, so that it does not cause harm. I already gave an answer to the question. Feel free to correct it if I made a mistake. As I don't understand Arabic, I used AI and another person's understanding of the text. Commented May 5 at 4:54
  • The first reference in the linked answer above is about handing the wife to the husband, when she is not handed over then acts other than intercourse are also not possible. And it also touches on acts other than intercourse in the Hanbali madhab.
    – UmH
    Commented May 5 at 4:59
  • @UmH yes, in the hanbali madhab, Imam Qadi touches the issue in the answer referred to. But I wanted a detail on that sepcifically. What makes it permissible and what makes it impermissible. Is it her age being 9 or her ability to understand such things which may result in harm if it is not considered, as it may vary from place to place? That would be my main question. Also I wanted a understanding that's not confined to marriage custom, ruling based on Islamic principle would be better. As intercourse with female slave is also allowed. Their ruling should be same in this regard. Commented May 5 at 5:19
  • Forgive me, but I don't know why the question was closed as duplicate. the answer does touch upon the subject and my inquiry was about that specifically but I also wanted details on it , minimum age or conditions fo this ,views from different fiqh ,is it agreed upon or there's difference of opinion or not etc. I did not mention them in question but I thought answer would be given based on all of these information meaning a bit comprehensive answer. Commented May 8 at 5:35

3 Answers 3

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Marriage primarily depends on Custom, as default ruling of custom is that it is allowed unless it goes against Sharia. So, if it's customary to send the girl to the husbands house after the girl becomes able for intercourse then it should be followed.

And in general this issue is governed by the Harm principle. For example, If the girl is able for intimate actions other than intercourse even before she is ready for intercourse then it can be done as long as it does not cause harm, on the other hand if she is unable to understand or handle such desires and actions, as it will harm her, so, it is not allowed.

Ref:

  1. https://islam.stackexchange.com/a/29987/35800
  2. https://www.islamweb.net/ar/fatwa/195133
  3. https://www.abuaminaelias.com/does-islam-allow-thighing/
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Firstly, A marriage is still valid if sexual intercourse is not taking place.

Secondly, Intimacy is as per the comfort and agreement of the couple.

Thirdly, Either the husband or the wife is demanding sexual intimacy, and the spouse is not making themself available for this, then they have a right to initiate a divorce.

Hence this is a case of mutual understanding and agreement.

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  • To be honest the view that in case of minors by prohibiting consummation the scholars only meant intercourse but allowed other sexual acts is expressed by Christian missionaries to defame islam and it is also the view of Ayatolla khomeni who is a shia. I wanted to know what the scholars truly meant in case of a minor when they said consummation is prohibited did they only mean to prohibit intercourse but allowed other sexual acts or is it all forms of sexual contact which is prohibited because girls can be considered physically mature in Islamic law even before they reach puberty. Commented May 1, 2022 at 17:26
  • What if a prepubescent girl wants to be sexually active? If any scholar puts prohibition or allows sexual intimacy prior to puberty then it must based on her disapproval and approval.
    – Riyaz
    Commented May 1, 2022 at 18:09
  • In islamic law the consent of girls who has not yet reached puberty is deemed unnecessary because her saying yes or no is the same thing so, her wali or guardian is given the right to decide that for her. This is the majority view maybe and the opposite view which is favored by shaykh ibn uthayman I think is the correct one which you stated that this is based on her approval or disapproval.But I wanted to know if the interpretation like Ayatollah exists in our tradition. Commented May 1, 2022 at 22:58
  • @SaminYasir - Who told you that the consent of a girl or boy is not necessary??
    – Ren
    Commented May 31, 2023 at 13:50
  • @Ren there are differences of opinion regarding this.Imam ibn Taymiyyah said consent is necessary and if she does not approve of the marriage(after she reaches maturity) then marriage may not happen.For more information:islamweb.net/en/printfatwa.php?id=321292 Commented Jun 1, 2023 at 16:04
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Child marriage in itself is haram per Quran and Sunnah.

Even the scholars that do permit most of them say the child stays at the father’s house until she reaches puberty.

Quran clearly says as a principal of Marriage give the woman her dowry and she decides how much.

A 1 year old can’t do this.

Quran 4:4

“And give the women [upon marriage] their [bridal] gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease”- Quran 4:4

Quran 65:4 isn’t talking about children it’s talking about women who you are in the right age but are unsure if they are pregnant or not.

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