تطور الاجتهادات في سن أهلية الزواج : دراسة فقهية قانونية

الملخص EN

Evolution of jurisprudence at the age of eligibility for marriage - a legal jurisprudence study -
Dr.

Zakaria Muhammad Al-Qudah –
Yarmouk University - Jordan
qdah@yu.

edu.

jo
The study discusses and analyzes the scholars' opinions as well as the position of modern Arabic laws in the issue of the marriage qualification age, as well as fiqhi and legal opinions development.

The study clarified that this issue isa judgmental issue in the Islamic fiqh, some forbids the marriage of a person under-age wither was a male of female according to the role of shari qualification within age and sanity, this was the opinion of Ibn Shibrema and Abu Baker Al-asam.

Others, allowed the father or grandfather to marry the female before that while forbids the marriage of males until the legal age then he can marry himself, this was the opinion of ibn hazm Al-andulsi.

Meanwhile, most scholars in the four sects allow the marriage of the young male or female but the female can't enter sex relationship before the legal age ( from physical side).

The research explained those opinions in details and stands for the prohibition of marriage before the due age.

The marriage of the Prophet (peace and blessings of Allaah be upon him) with Aisha was after her attainment, or that it was a peculiarity made by the command of Allaah for the sake of the Islamic da'wa.

Continuing the custom in ignorance, and not a religious duty or a delegate, and that it is more appropriate for our contemporary societies to follow the doctrine of jurisprudence not to marry young.

It is also in the interest of continuing and concerted efforts by the scholars of Sharia, law, medicine, education and psychology to determine the most appropriate age for the completion of the eligibility of marriage so that marriage can only be completed.

The research dealt with the age of marriage eligibility adopted in many Arab laws selected from the East, the Gulf and the Maghreb, and that the jurisprudence and legal jurisprudence was changed during the Ottoman succession Ottoman family rights law, where the eligibility for marriage to male 18 years and female 17 years, and that the Arab laws under study The age of eligibility for marriage was set between 18 and 19 years, and for females between 17 and 18 years, and an exception was made for certain cases where necessary and under judicial supervision, provided that the age was at least 15 years with validity of puberty.

key words: .

Jurisprudence of Personal Status - Law of Personal Status - Family Studies - Sharia Judiciary.