Level 4 Student in Family Jurisprudence, Al-Masoomeh Higher Education Institute, Qom; PhD Student in Jurisprudence and Educational Sciences, Bint al-Huda Higher Education Institution, Al-Mustafa International University, Qom, Iran
Abstract
“Child marriage,” as an instance of sexual violence against children under the age of eighteen, is one of the newly emerged terms in international legislative assemblies. Preventing this phenomenon, which is currently observed globally and in Iran, is pursued under the goals of the 2030 Agenda; enacting laws to prohibit it is also being followed up in Iran. Using a descriptive-analytical method, this article seeks to answer what “child marriage” entails when evaluated in the balance of jurisprudence (Fiqh) and law. A scientific understanding of a phenomenon provides the ground for adopting a correct approach in legislation and decision-making. Islam, which reduces the age of childhood to before puberty, considers marriage permissible at all ages. The main difference between the Islamic approach and international preventive laws is that while Islam permits marriage at all ages, it has established special conditions, rules, and regulations for marriage at certain ages by considering the two factors of puberty and intellectual/physical maturity (Rushd). These regulations serve a protective purpose for children and vulnerable members of society. On one hand, there are benefits and interests in the permissibility of marriage at various ages; on the other hand, there are negative individual and social consequences of enacting preventive laws for marriage under the age of eighteen. This duality guides a fair legislator toward lawmaking based on Islamic rulings and the observance of public interest.
