Sexual Pleasure with Minors Allowed – Non-Ahmadi Muslims

Introduction

The non-Ahmadi Muslims have many unislamic beliefs. One of them is that one can enjoy sexual pleasures with one’s minor (pre-pubescent wife). This is an agreed-upon belief of ALL 4 Sunni Madhab and Shias.

Although Islam allows Nikah between anyone (pre-pubescent or adult), consummation can only happen after puberty. However non-Ahmadis believe that any interaction between the wife and the husband is allowed before puberty. Even having sexual intercourse with a pre-pubescent wife is allowed, as long as it’s not dangerous for her.

For example, a girl can be 5 years old and the husband can take her to bed, and enjoy her like a wife, and her consent is not required (since she can’t consent as a pre-pubescent).

“Sunni” (Shafi’)

Abū Zakariyyā Yaḥyā ibn Sharaf al-Nawawī (Arabic: أبو زكريا يحيى بن شرف النووي;‎ (631A.H-676A.H) (October 1230–21 December 1277), popularly known as al-Nawawī or Imam Nawawī, was a SunniShafi’ite jurist and hadith scholar.^[11] Al-Nawawi died at the relatively early age of 45.^[11] Despite this, he authored numerous and lengthy works ranging from hadith, to theology, biography, and jurisprudence that are still read to this day.

And the sleeping with a minor age wife and having intercourse with her, if the husband and the guardian of the wife agreed upon something that is not harmful for the minor age wife, it is legitimate and if they did not agree upon then Ahmad and Aboo Ubayd say that if she is at nine years of age she can be forced to, not the younger ones, and Malik and Shafi’i and Aboo Hanifah say that the criteria is that she can bear intercourse, and the differences of opinion about this issue comes from these scholars. But the correct opinion is that it does not depend upon age.

[Saheeh Muslim Sharh Al-Nawawi, vol. 9, pg. 206]
[Archived link]

“Sunni” (Shafi’)

Ibn Ḥajar al-ʿAsqalānī (Arabic: ابن حجر العسقلاني;^[a] 18 February 1372 – 2 February 1449 CE / 773 – 852 A.H.), or simply Ibn Ḥajar,^[4] was a classic Islamic scholar “whose life work constitutes the final summation of the science of Hadith.”^[6] He authored some 150 works on hadith, history, biography, tafsir, poetry, and Shafi’ijurisprudence, the most valued of which being his commentary of Sahih al-Bukhari, titled Fath al-Bari.^[7]

Nikah of a minor age to an adult is allowed, there is consensus of scholars on this, even if she was in cradle, but he should not sleep with her until she can bear it.

[Fath ul-Bari fi Sharh Saheeh al-Bukhari, vol. 11, pg. 347]
[Archived link]

“Sunni” (Hanafi)

From the famous and most authoritative Fatwa website of “Sunnis”.

According to the Shariah, if a girl is a minor (did not attain puberty), she may be given in marriage by her father. There is no age limit to be intimate with one’s wife even if she is a minor.

[IslamQA]
[Archived link]

“Sunni” (Salafi)

فإن كان المقصود بالسؤال مفاخذة الرجل زوجته الصغيرة فهذا جائز كما بيناه في الفتوى رقم: 56312.

وأما إن كان المقصود بالسؤال مفاخذة غير الزوجة فهذا محرم سواءً كان المفاخذ صغيراً أو كبيراً ذكراً أو أنثى، وهو من مقدمات الوطء الحرام، ولا نظن أن حكم هذا الفعل يخفى على عاقل. وانظر في ذلك الفتوى رقم: 35464.

والله أعلم

Question: What’s the ruling on thighing minors?

Answer: If the question refers to the thighing of a minor wife by her man then this is permissible. But if the question refers to the thighing of a non-wife then it’s forbidden whether it’s the thighing of a minor or an adult, a male or a female.

[Islamweb]
[Archived link]

“Sunni” (Hanafi)

This quote proves that sexual intercourse is allowed even with a pre-pubescent (minor) girl.

If a person has sexual intercourse with a minor girl, ghusl will not be obligatory on her. But in order to get her into the habit, she should be made to bath.

[Bahishti Zewar, pg 71]

The author even supports the idea of making the child do ghusl so she gets into a habit. The author is Ashraf Ali Thanvi, the founder of the Deobandi Sunni sect in Islam. They are Hanafi by Madhab. He has millions of adherents around the world.

“Sunni” (Hanafi)

This is from one of the most important Fiqh books for Hanafis. A 12th-century legal manual by Burhan al-Din al-Marghinani, is considered to be one of the most influential compendiums of Hanafi jurisprudence (fiqh).

Thereafter, the option available to a virgin is annulled by her silence, but the option available to a boy is not annulled, unless he says, “I consent,” or he does something that conveys the meaning of consent, the latter rule applies to a girl as well if her husband has had intercourse with her prior to her puberty. These situations are analogous to the situation at the time of the conclusion of the nikah contract.

[Al Hidayah, pg. 497]

“Sunni”

Syed Abul A’la Maududi is one of the most influential scholars of the past century with millions of followers. In his tafsir of Quran 65:5, he says that the husband can live with a pre-pubescent wife (those who have not started menstruating yet). The Urdu word used is خلوت which includes any relations between a couple, including sex.

اس لیے ایسی لڑکیوں کی عزت بیان کرنا جنھیں حیض آنا شروع نہ ہوا ہو، صریحاً اس بات پر دلالت کرتا ہے کہ اس عمر میں نہ صرف لڑکی کا نکاح کر دینا جائز ہے بلکہ شوہر کا اس کے ساتھ خلوت کرنا بھی جائز ہے۔ اب یہ بات ظاہر ہے کہ جس چیز کو قرآن نے جائز قرار دیا ہو، اسے ممنوع قرار دینے کا کسی مسلمان کوحق نہیں پہنچتا۔

Therefore, regarding mentioning the Iddah for those girls who have not yet started menstruating openly indicates that at this age, not only is it permissible for a girl to get married but it is also permissible for her husband live with her. Now it is evident that whatever has been declared permissible by the Quran, no Muslim has the right to declare it forbidden.

[Tafheem Ul Qur’an, vol. 5, pg. 570-571]

“Sunni” (Hanbali)

Shaykh ʿAbd al-Raḥmān ibn Nāṣir al-Saʿdī (Arabic: الشيخ عبد الرحمن بن ناصر السعدي), also known as al-Siʿdī (1889–1957), was an Islamic Scholar from Saudi Arabia. In the tafsir of Quran 65:4, he proves that the Iddah (waiting period) is needed even for wives that are pre-pubescent i.e they have not started menstruating.

So for those who are thinking how does it prove that one can have sexual relations with a pre-pubesecent? Well, you would have to understand why Iddah (waiting period) is needed. It is needed to make sure that the wife is not pregnant with a baby after the passing away of the husband. So since a pre-pubescent has an Iddah, it proves it is also allowed to have sexual intercourse and other sexual pleasures with her.

Thereafter, the option available to a virgin is annulled by her silence, but the option available to a boy is not annulled, unless he says, “I consent,” or he does something that conveys the meaning of consent, the latter rule applies to a girl as well if her husband has had intercourse with her prior to her puberty. These situations are analogous to the situation at the time of the conclusion of the nikah contract.

[Tafseer As-Sadi, vol. 10, pg. 141]

“Sunni” (Shafi’)

This fatwah is from the Islamqa website under the Shafi’ madhab section. They also agree that Quran allows intercourse with a girl who has not reached puberty. The only consent allowed is that of her father and husband. Her consent does not matter.

Once the young girl is married, she may move in with her husband and partake in sexual intercourse, whether she reached the age of puberty or not, when the following conditions are met:

1. The father permits and deems it an acceptable practice.
2. She could physically bear sexual intercourse
3. Society in terms of its practice and culture approves of it
4. That the law of the country one lives in, is not contravened.

[Islamqa]

“Sunni” (Shafi’)

Umdat as-Salik wa ‘Uddat an-Nasik (Reliance of the Traveller and Tools of the Worshipper, also commonly known by its shorter title Reliance of the Traveller)^[1][2] is a classical manual of fiqh for the Shafi’i school of Islamic jurisprudence.

A waiting period is obligatory for a woman divorced after intercourse, whether the husband and wife are prepubescent, have reached puberty, or one has and the other has not.

[Reliance of Traveller, pg. 567]

“Sunni” (Salafi)

This is one of the most famous contemporary scholars of “Sunnism”. He also explains that Quran 65:4 allows nikah and consummation with pre-pubescent girls.

Marriage of Minors before Puberty with Suitable Consent Unanimously Approved

Praise be to Allah. Following recent times, there has been an increase in journalistic interventions and the interference of journalists in legal rulings without knowledge, which is an action that could have adverse consequences on society. One such intervention is their involvement in the issue of marrying minors who have not reached puberty to suitable partners and their demand to set an age for the marriage of girls. This interference touches upon a legal ruling that refers to the people of knowledge and is based on the Quran and the Sunnah. There is nothing in Sharia law that specifies the age at which a girl can be married. Instead, Sharia law indicates otherwise. Allah Almighty said in Surah At-Talaq: “And those who no longer expect menstruation among your women – if you doubt, then their period is three months, and [also for] those who have not menstruated.” This refers to young girls who have not yet reached the age of menstruation, so their waiting period is three months, similar to those who have not menstruated out of menopausal age. This is evidence from the Quran that young girls can be married, divorced, and subject to waiting periods. The Sunnah also supports this, as the Prophet Muhammad (peace be upon him) married Aisha (may Allah be pleased with her) when she was six years old and consummated the marriage when she was nine. This is evidence from the Sunnah on this matter, and the scholars unanimously agree on its permissibility.

Imam Bukhari said in his Sahih: “Chapter on the marriage of a man’s young daughter.” He mentioned the verse: “And those who no longer expect menstruation.” So, he set their waiting period to three months before puberty. It was narrated by Muhammad ibn Yusuf, who narrated from Sufyan, from Hisham, from his father, from Aisha (may Allah be pleased with her), that the Prophet (peace be upon him) married her when she was six years old and consummated the marriage when she was nine, and she stayed with him for nine years. Al-Hafiz Ibn Hajar said in Al-Fath: He set their waiting period to three months before puberty, which indicates that marrying them before puberty is permissible. This is a good inference, although the verse does not specifically mention this concerning the father or the virgin. The origin of transactions is prohibited unless there is evidence, and there is a hadith narrated by Aisha about her marriage to Abu Bakr while she was still a minor, so whatever is not mentioned therein remains on the original ruling. Ibn Hibban commented on this narration saying that it is agreed upon that it is permissible for a father to marry off his young daughter, even if she has not reached puberty.

Ibn Batal said in his commentary on Sahih Bukhari: “The scholars unanimously agree that fathers can marry off their young daughters, even if they are in their cradle, but their husbands should not consummate the marriage until they are fit for intercourse and capable of bearing children, and their situations vary according to their physical development and capabilities.” When the Prophet (peace be upon him) married Aisha, she was six or seven years old and he consummated the marriage when she was nine. This practice was legislated for this Ummah, just as the companions used to marry in their youth and adulthood without specifying a certain age. No one should legislate except what Allah and His Messenger have legislated because therein lies sufficiency. Whoever opposes this has wronged themselves and legislated for people without Allah’s permission. Allah, the Exalted, said about such people: “Or have they partners [i.e., other deities] who have ordained for them a religion to which Allah has not consented?”

It is obligatory for those who call for setting an age for marriage to fear Allah and not contravene His Sharia or legislate something that Allah has not permitted. Judgment belongs to Allah, and legislation is His right alone, shared by no other. This includes marriage rulings, and Allah has encouraged marriage in the Quran: “And marry the unmarried among you and the righteous among your male slaves and female slaves.” The Prophet (peace be upon him) said: “O young people! Whoever among you is able to marry, should marry, for it helps him lower his gaze and guard his modesty.” May Allah guide everyone to what He loves and is pleased with and protect everyone from contravening His Sharia and religion.

Written by:

Saleh bin Fawzan Al-Fawzan

Member of the Council of Senior Scholars

12/10/1432 Hijri Calendar

[Alfawzan.af.org.sa]
[Archive link]

Shia (Twelvers)

Fatwa of Ayatollah Ruhollah Khomeini, who is one of the most influential Shia scholar to this day.

There is, however, no objection in other enjoyments like touching lasciviously, hugging and rubbing the thighs, even with a suckling infant

[Tahrir Al Vasilah, vol.3, pg 229]

Shia (Twelvers)

Fatwa of Ayatollah Sistani, a Twelver Shia Iranian–Iraqi Grand Ayatollah and marja’.^[1][2][3][4] One of the most senior scholars in Shia Islam,^[5] he has been described as the spiritual leader of Shia Muslims worldwide (as of 2003),^[6] “the undisputed leader of Iraq’s Shias”,^[2] included in top positions of “The Muslim 500: The World’s Most Influential Muslims”, from 2009 to 2023,^[7][8][9] and named one of the 100 most influential people in the world by Time magazine in 2004 and 2005

لا يجوز وطء الزوجة قبل إكمال تسع سنين ، دواماً كان النكاح أو منقطعاً، وأما سائر الاستمتاعات كاللمس بشهوة والتقبيل والضم والتفخيذ فلا بأس بها

Issue #8: It is not permissible to have sexual intercourse (with one’s wife) before she reaches 9 years in age, be it in Nikaah (permanent marriage) or Mut’ah (temporary marriage). As for all other pleasures such as lustful touch, kissing, embracing, and thighing (i.e. rubbing penis between the thighs), there is no problem in it.

[Minhaj al-salihin, vol.3, pg 10]

Shia (Twelvers)

Grand Ayatollah Sayyid Muhammad-Sadiq Husayni Rohani (Persian: محمد صادق حسینی روحانی; 16 July 1926 – 16 December 2022) was an Iranian Shia marja’.

فصل مسألة 1 – لا يجوز وطء الزوجة قبل اكمال تسع سنين حرة كانت أو أمة دواما كان النكاح أو متعة بل لا يجوز وطء المملوكة والمحللة كذلك، وأما الاستمتاع بما عدى الوطء من النظر واللمس بشهوة والضم والتفخيذ فجائز في الجميع ولو في الرضعية.

Issue 1: It is not permissible to have intercourse with a wife before completing nine years of age, whether she is free or enslaved, and whether the marriage is Nikaah (permanent marriage) or Mut’ah (temporary marriage). Likewise for an owned or made lawful slave girl. As for intimacy besides intercourse such as looking, touching with desire, embracing and thighing, it is permissible with all of them, even with a suckling infant.

[Urwa-Tul-Wusqa, vol. 2, pg 469]
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[Archived link]

Shia (Twelvers)

Grand Ayatollah Sayyid Abu al-Qasim al-Musawi al-Khoei was an Iranian-Iraqi Shia marja’. Al-Khoei is considered one of the most influential twelver scholars. After the death of Muhsin al-Hakim in 1970, he became the spiritual leader of much of the Shia world until his death in 1992. He is also the teacher of Sistani!¹Wikipedia

 ومما يزيد في ذلك وضوحاً ملاحظة صحيحة ابن أبي يعفور عن أبي عبدالله (عليه السلام) ، قال في الجارية التي لم تطمث ولم تبلغ الحبل إذا اشتراها الرجل ، قال: «ليسوأما الاستمتاع بما عدا الوطء من النظر واللّمس بشهوة والضم والتفخيذ فجائز في الجميع(1) ولو في الرضيعة

Furthermore, to make this clearer, there is a notable observation from the reliable source, Ibn Abi Ya’fur, who reported from Imam Ja’far al-Sadiq (peace be upon him). He mentioned concerning a young girl who has not yet menstruated and has not reached the age of pregnancy, if a man marries her, he said, “There is no harm in enjoying her in any way other than sexual intercourse, such as looking, touching with desire, embracing, and fondling, and this applies even if she is an infant.”

[Sharh Urwa-Tul-Wusqa, vol. 2, pg 125-126]
[Archived link]

Shia (Twelvers)

Mohammed Kazem Tabataba’i Yazdi (Persian: محمد کاظم یزدی; 1831–1919) was a Twelver Shia Marja’ based in Najaf, most famous for compiling a collection of religious rulings, al-Urwa al-wuthqa. The book is considered as the most prominent compilation and Fiqhi book of him so that it is mentioned there are many—Islamic—scholars who hold this book with themselves.

فصل (مسألة): لا يجوز وطء الزوجة (1) قبل إكمال تسع سنين حرة كانت أو أمة دواما كان النكاح أو متعة، بل لا يجوز (2) وطء المملوكة والمحللة كذلك. وأما الاستمتاع بما عدا الوطء من النظر واللمس بشهوة والضم والتفخيذ فجائز في الجميع ولو في الرضيعة.

Chapter (Issue): It is not permissible to have sexual intercourse with a wife (1) before she completes nine years, whether she is a free woman or a slave, whether it’s in the context of Nikaah (permanent marriage) or Mut’ah (temporary marriage). Moreover, it is not permissible (2) to have sexual intercourse with a female slave or a woman who has been temporarily married. As for enjoying other intimate activities apart from sexual intercourse, such as looking, touching with desire, embracing, and fondling, it is permissible for everyone, even if it involves an infant girl.

[Urwa-Tul-Wusqa, vol. 5, pg. 502]
[Archived link]

Shia (Twelvers)

Muhsin al-Hakim was an Iraqi Shia religious authority.

إذا تزوج الرجل الجارية وهي صغيرة، فلا يدخل بها حتى يأتي لها تسع سنين ” (* ۱)، وفي خبر زرارة عن أبي جعفر (ع): ” قال: لا يدخل جرة كانت أو أمة، دواما كان النكاح أو متعة (۱) بل لا يجوز وطء المملوكة (۲) والمحللة كذلك. وأما الاستمتاع بما عدا الوطء من النظر واللمس بشهوة والضم والتفخيذ، فجائز في الجميع (۱)، ولو في الرضيعة.

“When a man marries a young female slave, he should not consummate the marriage until she reaches nine years of age” (1), and in the narration of Zurara from Abu Ja’far (peace be upon him): “He said: Do not engage in relations with a free or enslaved girl, whether it’s a Nikaah (permanent marriage) or Mut’ah (temporary marriage)”. Rather, relations are not allowed with an owned slave girl or one made lawful in this manner as well. As for deriving pleasure from that which is between a female slave’s legs until she reaches nine years of age, other than relations, such as looking, touching affectionately, embracing, and thighing, it is permissible with all, even an infant girl.

[Mustamsak al-ʿUrwā al-wuṯhqā, vol. 14, pg. 78-80]
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[Archived link, vol 17, pg 78]
[Archived link, vol 17, pg 79]
[Archived link, vol 17, pg 80]