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ILMAS (staff)     17 July 2012

Legal age of muslim girl to get married?

Respected Sir,

                               My question is What is the legal age of a muslim girl to get married in INDIA?? as in a recent article in newspaper it was said the delhi high court has made 15yrs the legal age for muslim girl to get married.

If 15 yrs age is the legal age for a muslim girl to get married than if during marriage ceremony according to muslim religion if someone complains to police that the girl getting married is below 18yrs though she is above 15yrs what will be the action of police and what is needed to be done to get things resolved??



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 July 2012

The Legal Age as per Prohibition of Child Marriage Act, 2006 is 18 for girls. It is a uniform age for people of all religions. As per Shariat Law (Muslim Personal Law) the minimum age is Puberty which is presumed to be reached at 15. If a girl below 18 is getting married, then it's an offence and the parents/relatives all of whom are actively getting the marriage done are liable to be prosecuted. Such marriage is valid until the child party revokes it within 3 years of attaining majority i.e 21. 

alexander (nil)     17 July 2012

Yes ,the recent news item puts the minimum age of a muslim girl for marriage as  15 years.  This is true to some extent  in the case of Hanafi school.

 

2.  Once you say  'the legal age' it means the concerned marriage laws have been codified at least regarding the minimum permissible age for the marriage of a muslim girl  .

 

This is  a good guideline to follow and the content of this advice is full of good meaning and intentions.We must respect it as such. There must be many many precedents an customs  to prompt that report. I am not aware of thse, however.

 

3. With all humility and  quite  subject to correction, I would like to say  that  the age factor as an essential element of a muslm marriage  is linked up with " PUBERTY"

 

4. Puberty means  the age at which a person becomes capable od performing s*xual intercourse and procreating children. PUBERTY AND AND MAJORITY ARE IN MUSLIM LAW  ONE AND THE SAME THING.  The presumption is that a person attains majority at the age of 15 but the HEDAYA lays dowwn the earliest period for a boy is 12 years and for a girl 9 years.

 

5.  Majority is presumed among the HANAFIS  on the completion of 15 years in the case of both males and females, unless there is any evidence to show that puberty was attained earlier.

6. In the case of a SHIA girl the  age of puberty begins with MENSTRUATION.


7. It has been held by the Privy Council in a a SHIA case  that the age of majpority in the case of a girl is attained at the age of NINE YEARS

8.  You needn't be afraid of the Khakis. They are equally well versed in Hindu, Muslim and Chrisian Personal Family Laws.  They may come only  to bless the couple.

(Emphasis added)

 

Dr Anand Gupta

 

Amateur legal research

ILMAS (staff)     17 July 2012

Can someone please clarify as according to reply given by Mr Bharat Chugh its an offence of law to get married if the girl is below 18 years but according to Dr Anand Gupta it's not an offence of law. 


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