The basics of prohibiting enjoyment of a minor wife in Imami jurisprudence

Abstract

There is an absolute prohibition on having sexual intercourse with a minor wife according  to the rules of Imami jurisprudence، but there are fatwas in many of the books of later Imami jurists، some of which seem to suggest، at first glance، that it is permissible to have unconventional sexual intercourse with a minor wife، i.e.، one who has not reached puberty. The existence of such fatwas necessitates directing challenges and criticism، and even necessitates accusing the sect of sexual abuse of children، and as a result there will be a strong attack by those who are dissatisfied with the religious authority and the original jurisprudence، the jurisprudence of Imam Jaafar al-Sadiq، peace be upon him. The current investigation and study، and after delving into the words of the jurists، we will raise that accusation، through the fact that the jurists’ reasoning for permissibility is based on the primary headings of the Shari’a ruling and they were not exposed to the secondary headings of the Shari’a ruling. Then after that، we present the evidence and documents of the jurists in the light of the rule of no harm or harm in Islam، and as a result the correct pronunciation and correct statement، and in accordance with the rules of Imami jurisprudence، will be the absolute prohibition of having sexual intercourse with a minor، immature wife.