نکاح کے لئے عمر کا تعین ،فقہ و قانون کی روشنی میں اعلیٰ عدالتوں کے فیصلوں کا شرعی جائزہ

Fixation of the Minimum Age for Marriage in the Light of Fiqh and Law: A Sharīʿah Analysis of Apex Courts’ Judgments

Abstract

The issue of child marriage has long been discussed in classical Islamic jurisprudence and continues to be debated in contemporary legal and social contexts. This study examines the concept of marriage at a young age through the view of Islamic jurisprudence (Fiqh) and modern law, with particular attention to the conditions, objectives, and limitations set by Sharīʿah. The research analyzes classical juristic opinions regarding guardianship (wilāyah), maturity (rushd), consent, and the welfare of minors, highlighting the diversity of views among Islamic schools of thought. It further explores the distinction between the permissibility of contracting marriage and the legitimacy of consummation, as well as the role of judicial authority (the state/guardian) in regulating marriages to prevent harm and injustice. In addition, the study reviews contemporary decisions of some Pakistani courts  regarding child marriage, especially statutory age limits, and evaluates their compatibility with the objectives of Islamic law (Maqāṣid al-Sharīʿah), particularly the protection of life, dignity, and rights of children. The article argues that Islamic jurisprudence provides sufficient principles to regulate marriage in a manner that safeguards welfare, prevents harm, and aligns with evolving social realities. The study concludes that harmonization between Islamic legal principles and modern legislation is both possible and necessary to address the challenges associated with child marriage.