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Fatwa ID: | 83462 |
Title: | Where is the evidence that it is permissible to consummate with a female before she has puberty? |
Category: | Women |
Scholar: | Dr. Hatem al-Haj |
Date: | 01/03/2011 |
As-Salamu 'alaykum wa Rahmatullahi wa Barakatuh: Where is the evidence that it is permissible to consummate with a female before she has puberty? How can she be ready for sex when she has not yet gone through puberty and menstruation in particular, in which the ovaries become active and ready to start child bearing? Is not puberty the natural sign of readiness? When the Prophet(SalAllahu 'Alayhi was-salam) had sex with A'isha when she was 9 years old, is there proof that she was menstruating or at least had the onset of puberty? Was-Salamu 'Alaykum wa Rahmatullahi wa Barakatuh.
All praise be to Allah and may His blessings and peace be on His last messenger, Muhammad,
Your intent from the question is not clear, because your statements seem contradictory. However, regardless of your intent, here is the answer: For the Prophet’s marriage to ‘Aisha, see fatwa # 78123.
As for the consummation of marriage with a young female, the scholars agreed that the groom shall not be permitted to enter in on the bride until she is ready for intercourse. In al-Mughni, Ibn Qudamah said that her family should not permit him to consummate the marriage if she was not physically capable of intercourse, even if she was nine years old. He added that if they asked him to take her, he may refuse and he shall not be required to sustain her as a wife until she is physically mature. Some women may not menstruate until they are sixteen or eighteen, or even later (as in primary amenorrhea,) so it is not about menstruation, but the physique.
Also, the onset of puberty is a vague poorly demarcated happening, for there is a great deal of subjectivity there, and some women may have a late appearance of the secondary sexual characteristics that usher the beginning of puberty. They should not be barred from marriage if their physique is that of one who can handle intercourse. Having said that, it is ordinarily expected that a young woman will be physically mature for marriage after the onset of puberty, not before. Allah knows best.