ظاهرة تزويج القاصرات من منظور شرعي

Abstract

According to traditional-religious-culture the early age marriages are very common custom especially in rural areas. The act of marring girls in early ages is considered to be a good practice in these constituencies; in contrast, the holy Quran has provided some logical guidelines to reject this idea. In the holy Quran “men” are instructed to marry as per their choice, which reveals, it is necessary for a “man” to be adult (Baligh) for marriage. Considering this fact, how it is possible that a man can be permitted to have a non-adult (Nabaligh) life partner?

In this regard, marriages between Adult and Non-adult, Non-adult and Non-adult are not permitted because it is against the right of equality. Further, the holy Quran instructs the guardians of the orphans to return them their valuables when reach to the age of Nikah; which reveals that there is a particular standard of age set for Nikah, if it is not so, why the holy Quran has made this bounding for the guardians of the orphans?

As per the guidance of the holy Quran, it is clear that Nikah requires both man and women not only to be physically adult/mature but also mentally adult/mature. In this connection, it has been highlighted that Nikah which is a physical contract requires a particular age for man and woman which however cannot be an age of Non-adult.