Chui, Khadija and Abdulrahman, Manswab Mahsen and Mohamed, Hossam El-Din Ibrahim (2025) Determining the legal age for marriage: a comparative study of Islamic jurisprudence and contemporary legal frameworks. IQRA Journal, 5 (8). pp. 5-20. ISSN 2791-9137
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Abstract
This paper examines the determination of the legal age for marriage through a comparative study of Islamic jurisprudence and contemporary legal frameworks. Grounded in classical Islamic legal principles, the research investigates the rulings of the four major Sunni schools of thought—Hanafi, Maliki, Shafi'i, and Hanbali—on the age of marriage, emphasizing the concepts of physical and mental maturity (bulugh and rushd). It contrasts these Islamic perspectives with modern legal standards, particularly those established in international human rights instruments and the national laws of Muslim-majority countries. The study highlights the diversity of interpretations within Islamic jurisprudence, ranging from flexible rulings influenced by cultural contexts to fixed legal standards imposed by modern states. It also discusses the legal, social, and ethical implications of early marriage, especially for women and children, addressing contemporary challenges such as gender equality, child protection, and individual rights. Employing a qualitative and analytical approach, this research combines traditional Islamic jurisprudential (fiqh) methodologies with contemporary legal and ethical analysis. The study finds that Muslim jurists differ on the permissibility of minor marriages. It concludes by offering practical recommendations for Muslim scholars and legal experts to promote gender equality, protect minors, and prevent harmful practices such as child marriage.
| Item Type: | Article (Journal) |
|---|---|
| Additional Information: | 1881/120369 |
| Uncontrolled Keywords: | constitutional legal Age, Marriage, Islamic Jurisprudence |
| Subjects: | BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) > BPK78 Usul al-fiqh |
| Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): | Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh Kulliyyah of Islamic Revealed Knowledge and Human Sciences |
| Depositing User: | Dr. Hossam Eldin Ibrahim Elsefy |
| Date Deposited: | 26 Mar 2025 15:32 |
| Last Modified: | 26 Mar 2025 15:33 |
| URI: | http://irep.iium.edu.my/id/eprint/120369 |
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