تزويج الصغيرة في ظل التحديات المعاصرة : دراسة فقهية مقاصدية مقارنة

Abstract EN

This brief research entitled (Marriage of young women in light of contemporary challenges, a comparative jurisprudential study of intentional purposes) which is divided into two topics: In the first topic I shed light on the nature of the marriage of a young woman, its causes represented in religious, economic and social reasons, explaining the limit of the young age among jurists and doctors, the opinion of jurists about marrying a young woman and the problems and risks involved in marrying a young woman (marrying her) which are healthy social, Psychological and educational risks as well as the problems of not officially documenting the marriage.

As for the second topic; I dealt with the emergence of the idea of determining the age of marriage, the rationales for determining the age of marriage at a specific age, and the jurisprudential difference in the issue of the provision on determining the age of marriage.

The research concluded that: marrying a young woman - according to those who say that her marriage is permissible - is limited by her capability and ability to have intercourse but before that, there is no entry marriage as was agreed by jurists and that marrying a young woman entails multiple healthy, social and educational problems and risks in addition to the problems related to not officially documenting this marriage.

And that the idea of determining a specific age for marriage was not mentioned on the tongues of the whole advanced jurists except for what was reported by some jurists to say that marriage is determined by puberty and some of them singled it out for an orphan and not others.

So she isn't married unless she reaches puberty.

The first appearance of the idea of determining the age of marriage was during the end of the Ottoman Empire, specifically on the eighth of Muharram, 1336 AH, by Sultan Muhammad Rashad.

The saying of determining the age of marriage has acceptable justifications, and many rationales which are necessitated by the nature of contemporary life.

The fatwa (the legal opinion given by religious scholars on an issue) changes with the change of time, place, conditions and people and that determining the age of marriage is under the authority of the guardian 'so he may restrict what is permissible if there is a need to restrict it according to certain controls and conditions.