What Is the Age of Consent in Sharia Law

All these points must be taken into account. Among those who marry, the basic requirement of Sharia law is that they must not only have completed puberty, but also have the full maturity to recognize and fulfill their rights and obligations in marriage. Islam also allows Muslims to abide by the rules of the country in which they live, and most nations, including Muslim countries, specify 18 as the legal minimum age for marriage, some with parental consent that allows marriage before that. Sexual relations are religiously illegal in Islam if there is no marriage or cohabitation contract. Cohabitation disappeared when the Muslim world advanced Islamic legal arguments in favor of the abolition of slavery, 7William G. Clarence-Smith, Islam and the Abolition of Slavery (New York: Oxford University Press, 2006), 19. Consent is therefore only relevant to marriage. The issue of consent to marriage is important in the modern context from at least two points of view: there is no consensus in Islamic law on the age of consent to marriage or sexual relations, for the same reasons there has been no consensus in the West or elsewhere. The Hanafi jurist Zayn al-Dīn ibn Nujaym (died 1563) writes: Age of Approval in Most States in the Last 140 Years. Even if they have reached their full legal capacity, they must still freely consent to marriage.

In the Maliki, Shafi`i and Hanbali teachings, however, a woman cannot enter into a marriage contract alone and is – despite her legal capacity – obliged to obtain the consent of her guardian or Wali. In contrast, the Hanafi school and Shia doctrine allow women to act on their own behalf without a mediator. “In ancient Rome, it was very common for girls to marry and have children shortly after puberty began. In the 12th century AD “Gratian”: The influential founder of canon law in medieval Europe accepted the age of puberty for marriage between 12 and 14 years, but recognized consent as significant when children were over 7 years old (that is, the sources of Gratian were Roman law, the Bible, the writings of the Church Fathers, papal decrees, acts of Councils of Churches and synods). Some authorities said approval could be given earlier. The marriage would be valid as long as neither party has annulled the marriage contract before reaching puberty or if they have already consummated the marriage. It should be noted that the judges honored marriages on the basis of mutual consent at the age of less than 7 years, despite what Gratian had said, there are registered marriages of 2 and 3 years. The American colonies followed the English tradition, and the law was more of a guide. For example, Mary Hathaway (Virginia, 1689) was only 9 years old when she married William Williams.

Sir Edward Coke (England, 17th century) clarified: “Marriage of girls under the age of 12 was normal, and the age at which a girl who was a wife was entitled to a dowry from her husband`s estate was 9 years, even if her husband was only four years old.” The Frenchman Codex Napoleon set the retirement age at 11 in 1791, which was raised to 13 in 1863. Portugal, Spain, Denmark and the Swiss cantons first set the age of consent at 10-12 years, then raised it to 13-16 years in the second half of the 19th century. Historically, English common law set the age of consent at 10 to 12 years. In the United States, most states set the age of consent at 10-12 years in the 1880s, and in one state, Delaware, the age of consent was only 7 years. A New York Times article states that he was still 7 years old in Delaware in 1895. [End of article adjustment]. That is, a society of Muslims has been given some authority to regulate its own social customs. For this reason, it is a valid opinion in Islamic law that a fixed age of consent is established or determined by natural signs such as puberty or physical development. Today, the majority of Muslim countries have chosen to set the age of consent between fourteen and eighteen, although Bahrain is an exception with a minimum age of twenty-one. 14 “Age of Consent by Country 2021″,” World Population Review. (accessed June 14, 2021) worldpopulationreview.com/country-rankings/age-of-consent-by-country Before 1929, Scottish law followed Roman law by allowing a girl to marry at the age of twelve and a boy at the age of fourteen without the consent of her parents being required.

However, marriage in Scotland at such a young age was almost unknown in practice. [30] Even though Islamic law allows marriage at an early age, this does not mean marrying their children at the age of 5. The age of puberty is the age of maturity. When girls reach puberty, they can marry anyone with their consent. This also corresponds to the words of the Sunnah, in which the example of Lady Aisha is given. The most important thing is that girls and boys should only get married if they are mature enough to understand everything and are able to find the right person to look for themselves. I can have a day in the field with this issue, but I think what I said is enough to ring a bell in the reader`s head and make him understand that he should take a look at the larger picture to complete the view before judging what he does not know completely. Today, most people weigh each question on the basis of their personal analogy, the end product is that, according to the current limits of civilized thought, the Prophet`s marriage to the lady `Āʾishah was simply an expression of his perverse sexual desire, but the truth is far from being there. The least we can say is that this marriage could not have been born of such an accusation. To have a true understanding of this topic, please read “The Faithful Partner” before reading my next article. Pew Research analyzed Data from the United Nations and the State Department on 198 nations and territories and found that 153 people need legal adults by the age of 18, but exceptions can be made. If parental consent is given, many countries allow marriage before the age of 18.

The first registered age of consent law in England dates back 800 years. The age of consent law in question has to do with the law of rape and not with the law of marriage, as it is sometimes misunderstood. In 1275, in England, as part of the Rape Act, the Statute of Westminster of 1275, it became an offence to “devastate” a “virgin in old age”, with or without her consent. Lawyer Sir Edward Coke interpreted the phrase “in old age” to mean the age of marriage, which was 12 at the time. [18] A law of 1576 was created with harsher penalties for the devastation of a girl, for which the age of consent was set at 10 years. [19] Under English customary law, the age of consent was 10 or 12 years in addition to rape law and rape was defined as violent sexual intercourse with a woman against her will. To convict a man of rape, it was necessary to prove both violence and lack of consent, except in the case of a girl who had not reached the age of consent. Since the age of consent applied in all circumstances, not only in cases of physical assault, the law also made it impossible for a minor girl (under the age of 12) to consent to sexual activity.