Does sexual intercourse with a young girl (Saghira) establish the prohibition of marriage (Nashr al-Hurmah)?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
Two views exist regarding sexual intercourse with a minor girl. The first view, held by Abu Yusuf, states that it establishes the prohibition of marriage because it is intercourse with a living human being in the front passage, analogous to intercourse with an adult woman.
Supporting text
The second view, held by Abu Hanifa, states that it does not establish the prohibition, similar to the case of intercourse with a corpse, because it is not a cause for establishing partial affinity.