Does the consummation of a marriage by an adolescent husband legitimize the marriage for the original owner?
General Chapter
Al-Mughni
Book of Reconciliation (Return During 'Iddah)
Primary text
In the opinion of most scholars, consummation by an adolescent husband resolves the legitimacy. This is because the act is intercourse performed by a husband within a valid marriage contract, making it analogous to the act of a mature man. This is supported by the apparent meaning of the primary text.
Supporting text
Malik and Abu 'Ubayd hold that it does not resolve the legitimacy. This view is also attributed to Al-Hasan. Their reasoning is that the act is intercourse without a mature person, thus resembling the act of a prepubescent boy. A condition of twelve years of age is suggested by Al-Qadi for consummation to be effective, but this is rejected because the disagreement pertains to the one capable of intercourse; if intercourse is possible, the intended purpose is achieved, making age specifications beyond capability arbitrary.