Ali Abdullah, Mohamed Mahroof and Mohd, Azizah and Ibrahim, Norliah
(2026)
Setting the minimum marriage age in Muslim family law:
a maqasid-centered approach to legal reform.
Asian Journal of Law and Policy, 6 (3).
pp. 533-549.
E-ISSN 2785-8979
Abstract
This article examines the question of minimum marriage age through the normative framework of maqāṣid al-sharīahʿ. While classical juristic discourse often linked marital capacity to biological puberty, contemporary realities reveal significant physical, psychological, educational, and socio-economic harms associated with child marriage. Employing a doctrinal legal research methodology, this study analyzes the issue through the five essential objectives, namely preservation of religion, life, intellect, lineage, and wealth. It further incorporates specialized family objectives and dynamic juristic principles, including fiqh al-muwāzanah, sadd al-dharīahʿ, and contextual ijtihād. The analysis demonstrates that justifications for early marriage frequently fall within secondary (ḥājiyyah) considerations. In contrast, the documented harms of child marriage directly undermine essential objectives and long-term family stability. The paper argues that when predictable and substantial harm outweighs speculative benefit, Islamic legal theory mandates restriction. Accordingly, establishing a statutory minimum age of marriage is a legitimate application of maqāṣidprinciples aimed at securing holistic welfare and preventing harm. The study concludes that reforming marriage laws to incorporate maturity, educational continuity, psychological readiness, and financial capability aligns with the overarching family objectives of Islamic law. The study further proposes legal reforms grounded in maqāṣid principles and identifies directions for future empirical research.
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