What is the criterion for the consummation of marriage with a minor female?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The possibility of consummation with a minor female is contingent upon her physical state and her capacity for it, as stated by Al-Qadi. A very young girl might be capable while an older one might not be. Ahmad stipulated the age of nine years, stating that if she reaches nine years, she must be delivered to her husband, as they cannot detain her beyond that age. This opinion is supported by the precedent of the Prophet, peace be upon him, consummating his marriage with Aisha when she was nine. However, Al-Qadi views this as indicative of the common case where a nine-year-old is typically ready for intercourse, rather than a strict age limit. If she is not capable of consummation, her guardians are not obligated to hand her over, even if the husband intends to keep her as a ward and raise her, provided he cannot legally have intercourse with her, nor can he guarantee restraint from violating her, which might lead to her injury or death.
Supporting text
If the guardians refuse to deliver her when requested, they have the right to do so, and the husband is not obliged to provide maintenance for her because he cannot fulfill his right of enjoyment over her.