What is the ruling on fondling a baby girl's thigh among Sunni scholars, and is it a becoming act? What are the limits of enjoying a young wife in marriage according to the Sunnis if she cannot endure intercourse? What is the wisdom behind legislating marriage to a young girl if she is not fit for intercourse?
The jurists have agreed on the validity of the marriage contract with a minor girl before she reaches puberty, due to the marriage of the Prophet, peace and blessings be upon him, to Aisha when she was six years old, and due to the Quran’s reference in the divorce verse to the possibility of marrying a minor who has not yet menstruated.
The jurists differed on handing over the minor wife to her husband before puberty:
Malikis and Shafi'is: Prohibit handing her over if the wife cannot tolerate intercourse until she grows up. Hanbalis: The wife is to be handed over to her husband if she reaches nine years of age, based on the of the Prophet's marriage to Aisha.
It is not permissible for the husband to enjoy the minor wife if it leads to harming her.
The marriage of an older man to a minor girl is rare and is often limited to the contract without consummation.
Among the wisdoms of permitting marriage to a minor is to preserve her suitable match and guarantee her marital rights in the future, without obligating her to marital rights that would harm her in the present.
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