Rereading the Jurisprudential Precept of Sexual Enjoyment from a Minor Wife in the Light of Psychoanalytic Considerations

Sometimes, certain instances of jurisprudential opinions seem to be in conflict with moral principles and values. Among such instances is sexual enjoyment from a minor wife permitted by a group of jurists. The present study, through a library and analytical-descriptive method, seeks to criticize that fatwa, introduce the different opinions of jurists in this regard and examine their proofs in addition to examining this issue from both legal and factual aspects, taking into account the child’s mental injuries from the perspective of Psychology knowledge. The authors believe that given the proved mental injuries as well as severe mental disorders inflicted on the child as a result of sexual enjoyment and based on the rule of negation of detriment and harmful precepts in Islam, sexual enjoyment from a child wife may not be permissible from the viewpoint of Sharia and the opinions of certain jurists regarding its permissibility originate probably from their failure to discover and identify its numerous mental injuries and non-proof of its customary and moral obscenity to them; otherwise, in case of identification of such injuries, they would also issue a fatwa regarding the prohibition of this issue.