زواج القاصرات بين الشريعة الاسلامية و التشريعات الدولية

الملخص EN

The well-being of society is part of the goodness of the family, and the goodness of this family is the goodness of its members, as the family is considered an incubator and educator for generations that enhance the development and growth of society, and since the marriage of minors affects both the minor girl, the family and the community, so the importance of our research lies in solving a deeply rooted and existing social problem in society.

It is the marriage of minors, as well as supplying the library with studies that work on developing the social knowledge achieved in the field of women’s sociology and contributing to the development of this field.

The aim of the research is to eliminate the causes and reduce the severity of the effects.

:The current research aims at a number of goals 485Identifying the position of Islamic legislation on the marriage of minors.

2-Knowing the position of international legislation on the marriage of minors.

The current research is a descriptive analytical research.

The study reached a number of conclusions, including but not limited to: 1-The Islamic legislations mentioned in the Qur’anic texts and hadiths that emphasize the negation of every harmful legislation in Islam and prohibit every practice harmful to oneself or others It abounds marital disputes that lead to divorce.

2-It was mentioned in some hadiths emphasizing the dislike of marrying off young children, justifying that this marriage will not be crowned with success.

3-The marriage of minors in Western countries, with the exception of countries that have permanently abolished the marriage of minors, such as Switzerland, Sweden, Norway and Germany, does not differ much from its counterpart in the Arab countries with regard to the age specified for marriage, which was set by most of them at 18years as the age for marriage.

29-25(At the global level, the age of marriage for young men in the world is between (-4 years, and women are between(20-24)years, the age of marriage varies and is determined by the prevailing values in each of the societies.

5-Most of the personal status laws of Arab countries are unanimous in determining the minimum age for marriage, even if they differ in this determination from one country to another.

Despite setting legal limits to confront early marriage, we are witnessing the persistence of this problem, so that the exceptional and conditional marriage of minors has become the norm because the actual practice does not respect these conditions.

6-Syrian personal status law:article 16of the syrian personal status law stipulates that a boy is eligible to marry at the age of eighteen and for agirl at the age of seventeen, but article 18 of the same law states that if the teenager claims puberty after completing fifteen or adolescence after completing thirteen, and the marriage request is authorized by him The judge if it becomes clear that their claim is true and that their bodies are likely.

7- The Jordanian Personal Status Law: Article 10,paragraph (a) of the aforementioned law stipulates the following (It is a condition of marriage eligibility that the fiancé and fiancée are sane and that each of them has completed eighteen solar years of age).

8-Egyptian Personal Status Law: Article 31of the Egyptian Child Law stipulates(It is not permissible to document a marriage contract for a person who has not reached the full eighteen Gregorian years.

For documentation, a medical examination is required for those wishing to marry to verify that they are free from diseases that affect the life or health of each of them, or the health of their offspring, and whoever documented a marriage in violation of the provisions of this article shall be disciplinaryly punished).

9- Libyan Personal Status Law: Article 6 of the Libyan Personal Status Law stipulates as follows: (Eligibility for marriage requires reason and maturity, and eligibility for marriage is completed by reaching the age of twenty).

21( 10-The age of marriage varies from one country to another, but it ranges between ( 18-in most countries of the world, and the majority of Arab and Islamic countries set eighteen years of age for the marriage of both sexes, The Iraqi Personal Status Law was considered progressive when it was implemented in1959, because it is far from the law Article(7) sets allows marriage at the age of15,5 the age of marriage at18 years, although Article(8) provided that the legal guardian and judge agree and prove the physical ability to do so, as The article attends(9) Forced marriage of relatives and non-relatives and exposes the perpetrator to imprisonment for a period of up to three years.

The study made a number of recommendations, including but not limited to: 1-Spreading awareness about the issue of underage marriage and explaining the Islamic viewpoint on this issue and that early marriage is only valid for a girl who enjoys mental, physical, psychological and biological maturity and that marriage does not have any negative effects with the approval of her guardian and in very exceptional cases responsible for implementing this recommendation Ministry of Justice - Religious Institution – Media.

2-Activating deterrent laws against the guardian who marries his daughter without her reaching the legal age outside the court by registering the marriage in the civil status records in order to preserve her rights and the future of her children and at the same time implement the legally stipulated penalty against the guardian who contracted her marriage outside the court.

The Ministry of Justice is responsible for implementing this recommendation.

3-Carrying out an awareness campaign directed about the rights of the child and directing the family by adopting proper social upbringing methods instead of violent methods, while trying to solve the problems that arise between spouses using rational methods away from children.

The family institution responsible for implementing this recommendation (Father and Mother) - Media - Civil Society Institution.