What is the ruling on sexual intercourse with a minor female (sagheera)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the minor female is physically capable of being penetrated, the act constitutes Zina (fornication/adultery) and necessitates the Hadd, as she is treated like an adult in this regard. If the minor is incapable of being penetrated, the ruling is analogous to the ruling concerning a dead body, with differing opinions.
Supporting text
The view of Al-Qadi states that no Hadd is due if the minor female has not reached the age of nine, because she is not typically desired in that manner, making it analogous to inserting a finger into her private parts. Similarly, if a woman allowed a boy under ten to penetrate her, no Hadd is due upon her.