The following is a summary of a section of the text Tahrir al-Wasilah published in the late 1960’s by Ayatollah Khomeini who was the founder and Supreme Leader of the Islamic Republic of Iran, who was succeeded by the current Ayatollah Khamenei. This text is a major work of Shia Islamic jurisprudence and contains many fatwas of Khomeini’s (legal opinions).
On page 229 of Tahrir al-Wasilah it outlines in problem #12 matters that relates to a child wife. It starts by saying that it is not permissible to have intercourse with a child below the age of nine years old.
However this text takes it further by including that although sex with a child under the age of nine years old is not permissible, having sexual relations with them is still fine. And further than that, it also explains that sexual relations with a baby is also permissible. The sexual relations described are touching, hugging and “rubbing” the thighs (thighing). This also implies that marriage at any age is acceptable.
“There is, however, no objection in other enjoyments like touching lasciviously, hugging and rubbing the thighs, even with a suckling infant” (Lasciviously means lustfully)
The text on this page doesn’t stop with just sexual relations with infants, it continues on to explain that if the person married to this child were to have intercourse with them before the age of nine and it results in ifda, which is the tearing of the separation between the vagina and anus resulting in both passages becoming one, then the child shall be rendered perpetually prohibited to him, but will still be his wife.
“If his intercourse has resulted in ifḍā’, so that the urinal and menstrual or menstrual and fecal passages have become one, she shall be rendered perpetually prohibited to him, though, according to the more cautious opinion, it shall be so in the latter case. In any case, according to the stronger opinion she shall not cease to be his wife.”
If however he has intercourse with his child wife that is under the age of nine and it does not result in ifda, then he is to receive no punishment besides that he has committed a sin.
“If a person has had intercourse with a girl before she has attained the age of nine years, but it has not resulted in ifḍā’ , he shall not be subjected to any punishment, except that he shall be considered to have committed a sin.”
If he has intercourse with his wife that is over the age of nine years old and it results in ifda then she doesn’t receive any special treatment according to this. The stronger opinion says he is not bound to maintain her for the rest of her life.
“If the husband performs intercourse with his wife after she has completed nine years of age, and it results in ifḍā’, she shall neither be rendered unlawful to him, nor shall he be required to pay her diyat, but, according to the more cautious opinion, he shall be bound to maintain her as long as he is alive, though according to the stronger opinion, he is not bound to do so.”
So to summarise, this text comes from the founder of the Islamic Republic of Iran, Ayatollah Khomeini, his successor is the current leader of Iran Ayatollah Khamenei. This text is still considered an important work in the Islamic Republic and is a work of Shia jurisprudence. It covers many topics, but on this particular page it explains that sex with a child under the age of nine is not allowed, but sexual relations are allowed even if they are a “suckling infant.” It also explains that the tearing of the separation between the vagina and anus from intercourse with a child wife under the age of nine results in the child wife being “perpetually prohibited” yet staying as his wife. If this tearing was done to a child wife over the age of nine there is no punishment. If he has sex with the child wife under the age of nine without tearing her then there is no punishment besides that he has committed a sin.
Alex James.
Sources: Tahrir al-Wasilah, translated by Dr. Sayyid Ali Reza Naqavi, by Khomeini, Volume 3, Page 229 (pg.443 in PDF below), Problem # 12.
Tahrir al-Wasilah PDF https://www.ahmadbatebi.com/images/2019/12/22/0000-tahrir%20j3-nA4-p-229.pdf
Muslim on sexual relations with infants in Tahrir al-Wasilah https://www.youtube.com/watch?v=-rGMwn5CYh8 – From that videos description, “Khomeini’s suggestions to his followers in Part 3, Page 229, Problem 12 of this volume that they can have sexual pleasure with an infant female. I know it’s hard to believe and accept, but it’s the truth. The former supreme leader of Iranian regime and the great architect of the Islamic revolution said: “A man can have sexual pleasure from a baby. However, he should not penetrate vaginally, but sodomizing the child is acceptable. If a man does penetrate and damage the child then, he should be responsible for her subsistence all her life. This girl will not count as one of his four permanent wives and the man will not be eligible to marry the girl’s sister… It is better for a girl to marry at such a time when she would begin menstruation at her husband’s house, rather than her father’s home. Any father marrying his daughter so young will have a permanent place in heaven.””