Age for Marriage in Muslim Law

In response to such arguments, it could be said that, although there is no negation of the fact that early marriages, before physical and mental maturity, can lead to betrayal, family disagreements and many other problems; However, if a girl or boy is physically and mentally ready for married life, there is no reason for the legal age of marriage to be increased. The Qur`an presents marriage as a relationship that promotes modesty, procreation, love and enjoyment of spouses. Marriage between a man and a woman is very pleasing to God and is described in the Qur`an [4:6]. The 55 Parties to the 1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages have agreed to legislate on the minimum age for marriage in order to override customary, religious and tribal laws and traditions. If the age of marriage under a law of a religious community is lower than that of the law of the land, the law of the State shall prevail. However, some religious communities do not accept the primacy of state law in this regard, which can lead to child or forced marriage. The 123 Parties to the 1956 Additional Convention on the Abolition of Slavery agreed to set a mandatory “reasonable” minimum age for marriage. In many developing countries, official age regulations are considered mere guidelines. UNICEF, the United Nations Children`s Fund, considers the marriage of a minor (legal child), an adult- person, to be child marriage and a violation of rights. [1] `Aishah (may Allah be pleased with her) said: The Prophet (blessings and peace be upon him) married me when I was six years old and married me when I was nine years old. Agreed. We know that at this age she would not be one of those whose permission would be taken into account. Al-Athram said that Qudamah ibn Maz`un married az-Zubayr`s daughter when she began to menstruate, and something was said to him.

He said: When I die, the daughter of az-Zubayr will inherit from me, and if I live, she will be my wife. And Ali gave his daughter Umm Kulthum in marriage, when she was a minor, to `Umar ibn al-Khattab (may Allah be pleased with him).` (Al-Mughni, 30.7.) In late antiquity, most Roman women married in their late teens until their early twenties, but noble women married younger than those in the lower classes, as an aristocratic virgin was supposed to marry until their first marriage. [5] In Late Antiquity, girls inherited equal shares from their parents under Roman law if there was no will. [9]: 63 In addition, Roman law recognized women`s property as legally separate from husbands` property,[9]: 133-154, as well as certain legal systems in parts of colonial Europe and Latin America. In Western countries, teenage marriages have become rare in recent years, with their frequency decreasing in recent decades. For example, in Finland, where at the beginning of the 21st. In the early 1990s, more than 100 such marriages were registered each year. Since 1 June 2019, Finland has banned marriages of persons under the age of 18 without exception. [40] [41] This research paper follows the methodology of pedagogical research.

Since the research covers the aspect of the age of marriage under Muslim law and how it affects children who married at an early age. Most of the data in this research was collected from primary and secondary sources such as the Qur`an, research papers, publications, articles, books, and internet sources. Because this is contrary to what Allah, may He be glorified and exalted, has prescribed, I would like to emphasize the truth. There is no upper or lower limit for the age of marriage; this is indicated by the Qur`an and the Sunnah. In most parts of northwestern Europe, marriages at a very young age were rare. A thousand marriage certificates from 1619 to 1660 in the Archdiocese of Canterbury show that only one wife was 13 years old, four 15 years old, twelve 16 years old and seventeen 17 years old; while the other 966 brides were at least 19 years old. [27] Therefore, one should not marry until one has reached the age of maturity or when one can understand what one is looking for. As the Qur`an does not give much information about the age of marriage, so many lawyers have turned to the Sunnah. “It starts with the most prestigious collections of hadiths of the Sunni tradition, the Sahih al-Bukhari and the Sahih Muslim.” In the 17th century in Poland, in the Warsaw parish of St. John, the average age of women who married was 20.1 years and men 23.7 years.

In the second half of the eighteenth century, women in the parish of Holy Cross married at 21.8 years, while men at 29 years. [34] The noble Prophet (s) said, “Virgin girls are like fruits on trees. If they are not picked in time, the sun will cause them to rot and the wind will scatter them. When girls grow up and their sexual instincts appear, like those of women, their only remedy is marriage. If they are not married, they are prone to moral corruption. Because they are human beings and people are prone to making mistakes. In the event that a child marriage takes place, the law allows for the filing of an application for annulment of the marriage once the child becomes of age. However, such a request must be made within two years of the child`s age of majority. This means that a girl can file a petition when she reaches the age of 20, while a boy can do so until he reaches the age of 23.

In rabbinic Judaism, men cannot consent to marriage until they reach the age of 13 and one day and have gone through puberty, and women cannot consent to marriage until they reach the age of 12 and one day and have gone through puberty. Men and women are considered minors until the age of twenty. After twenty years, men are not considered adults if they show signs of impotence. If men do not show signs of puberty or impotence, they automatically grow up at the age of 35 and can get married. [277] [278] All of these points must be taken into account. Among those who marry, the basic requirement of Sharia law is that they must not only have completed puberty, but also have the full maturity to recognize and fulfill their rights and obligations in marriage. Islam also allows Muslims to abide by the rules of the country in which they live, and most nations, including Muslim countries, specify 18 as the legal minimum age for marriage, some with parental consent that allows marriage before that. The single-judge judge of the High Court of Punjab and Haryana, Jasjit Singh Bedi, upheld the marriage of a 16-year-old Muslim girl in a recently passed order. When a couple, a 21-year-old man and a 16-year-old woman, turned to the court for protection, the court ruled that a Muslim girl over the age of 16 is allowed to marry by contract to a person of her choice. “If a man marries his virgin daughter in marriage to someone who is compatible, then the marriage is valid.

As for a minor virgin, there is no different scientific opinion about it. B├╝chler and Schlater mention that schools of Islamic jurisprudence (madhaahib) set the following bridal age limits for boys and girls:[290] Nevertheless, a cultural practice for an adult woman that allows her guardian to negotiate the details of the contract in her presence is widespread.

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