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Muslim girl can marry at 15 if she attains puberty: Court





Gitesh
Quote:
Ruling that a Muslim girl can marry as per her choice at the age of 15 years if she has attained puberty, the Delhi high court has held the marriage of a minor girl valid and allowed her to stay in her matrimonial house.

"This court notes that according to Mohammedan Law a girl can marry without the consent of her parents once she attains the age of puberty and she has the right to reside with her husband even if she is below the age of 18....," a bench of justices S Ravindra Bhat and S P Garg said.


Citing various Supreme Court judgements on the issue of minor Muslim girls' marriage, the bench said "In view of the above judgments, it is clear that a Muslim girl who has attained puberty i.e. 15 years can marry and such a marriage would not be a void marriage. However, she has the option of treating the marriage as voidable, at the time of her attaining the age of majority, i.e 18 years."

Accepting the 16-year-old girl's plea to allow her to stay in her matrimonial home, the bench has disposed of a habeas corpus petition filed by the girl's mother alleging that her daughter was kidnapped by a youth and forced into marriage in April last year.

The bench accepted the girl's statement she had left her parental home of her own will to marry the man of her choice and her husband should not be booked on the charge of kidnapping.

Meanwhile, to ascertain the girl's well being, the court has directed the couple and in-laws to appear before the Child Welfare Committee once in every six months till the girl attains majority.

"The Committee shall take necessary steps, including obtaining the necessary undertaking from the man(husband) in this regard. Subject to completion of these steps, the girl be allowed to live in her matrimonial home," the bench said.

The girl has been currently residing in Nirmal Chhaya, a government sponsored home for rehabilitation of poor and elderly women.

According to the habeas corpus petition filed by the girl's mother, after abducting the girl who had Rs 1.5 lakh on March 13, 2011, the man had telephoned her threatening to kidnap her other daughter if any legal action was taken against him.

The petitioner claimed that on March 19 last year she had also approached the Deputy Commissioner of Police and requested him to rescue her minor daughter from illegal detention.

As per the petition, on April 14, 2011 an FIR was registered with Gokalpuri police station in northeast Delhi alleging that the man had kidnapped her daughter.

The mother said police had not taken any action, forcing her to approach the high court.

During the hearing of her plea, the court had issued notice to police and subsequently police had produced the girl saying she had voluntarily gone with the man and married him.

Since then they have been staying as husband and wife, the police told the court.

On April 18, 2012 the girl had also told the court that she did not wish to go back to her parents and wanted to stay with her husband.


Meanwhile, she was kept in Nirmal Chhaya after her production before the Child Welfare Committee, which has stated that the girl was 15 years, 10 months and 23 days.



Notice: Other caste womens age of marriage in India is above 18 years and law is not affected by what religion says about marriage age., but only in the Muslim minority cases the court depends on the religious scripts too much.

The court also specifies that the women can only marry if the girl has reached the age of 15 years and has reached the puberty., but it does not specifies as of who will check for the puberty of the girl and what are the exact signs which should be present to pass one as puberty in a girl.

First Question: Is it wrong to marry off girls at the age of 15 before they even complete there secondary education and reach the mature age for marriage.

Second question: Should the law abide by the religious texts which are written thousands of years before us and may or may not be scientifically correct ., there is a big chance that the religious texts are being manufactured by some powerful to suit themselves while this thousands of years they pass on from one to another.

Third Question: Should the court also follow the religious text when it says " Muslim woman is considered half as intelligent and half the worth of a muslim man. Even in court 2 women witness equals one man. Reference Kuran 4:11, 4:176, 2:228, 2:28 "
ocalhoun
Gitesh wrote:

First Question: Is it wrong to marry off girls at the age of 15 before they even complete there secondary education and reach the mature age for marriage.

I'd call it likely foolish and premature... but not necessarily wrong.

Fun fact, that's not the only country where that can happen.
Young marriage was very common all over the place in antiquity, for one thing.
For another, if I remember right, girls (and boys) in the USA can get married that early, or even earlier, if their parents agree to it.
Quote:

Second question: Should the law abide by the religious texts which are written thousands of years before us and may or may not be scientifically correct ., there is a big chance that the religious texts are being manufactured by some powerful to suit themselves while this thousands of years they pass on from one to another.

Obvious answer: Hell no.
Quote:

Third Question: Should the court also follow the religious text when it says " Muslim woman is considered half as intelligent and half the worth of a muslim man. Even in court 2 women witness equals one man. Reference Kuran 4:11, 4:176, 2:228, 2:28 "

Again, obviously, hell no.
coolclay
I agree w/ Ocalhoun. For example my grandmother got married when she was 16, so 15 is really nothing new. While people this young are usually not mature enough to know whether or not one is compatible with another for the rest of your life, but the same can be said for any age unfortunately. So it terms of age I see nothing wrong in my opinion. I do however believe that before marrying it is important to gain the approval of your parental figures, because they usually are much more wise, and have seen more than a younger person.

Of course arranged marriages are also very common in India and personally I view them as far worse than a 15 year old marrying a man that she wants to marry.

It is hard for me to believe that a country like India would still refer to religious texts for court decisions, and I certainly don't agree with it.
loyal
Gitesh wrote:

First Question: Is it wrong to marry off girls at the age of 15 before they even complete there secondary education and reach the mature age for marriage.

In today's times, where in many places people mentally and culturally mature later, it's probably not appropriate. Though this has not been the historical norm.

Quote:

Second question: Should the law abide by the religious texts which are written thousands of years before us and may or may not be scientifically correct ., there is a big chance that the religious texts are being manufactured by some powerful to suit themselves while this thousands of years they pass on from one to another.

Biased much? A law does not have to abide by a religious text, of course. However if people want to be judged by a religious text, then that's their choice. That the court in this case decided to consult local Muslim teachings when dealing with a case comprised of Muslims is considerate.

Quote:

Third Question: Should the court also follow the religious text when it says " Muslim woman is considered half as intelligent and half the worth of a muslim man. Even in court 2 women witness equals one man. Reference Kuran 4:11, 4:176, 2:228, 2:28 "

Lol. That's not what the Quran (notice the conventional spelling) says. I don't believe that this is relevant to this forum, so I'll just say that, at best, you could say that the relevant verse (which is actually 2:282) requires two women - or one man - for certain types of financial business. If you want to discuss how you think the Quran is unjust to women, perhaps the philosophy and religion forum would be more suited.
Josso
ocalhoun wrote:
For another, if I remember right, girls (and boys) in the USA can get married that early, or even earlier, if their parents agree to it.


Get married, get a gun, drive a car at X speed... drinking? FORGET IT BUDDY YOU AINT OLD ENOUGH. Weed? Have several years in prison. F*** yeah! USA


On a serious note I thought sex was 18 in US? What's the point of that marriage thing if that's the case. I've never understood the whole statutory rape thing. Some explain plaz? In denmark it's 15 for example, here it's 16. Either way whatever as long as you have rules in place to stop people that are much older taking advantage.
jjstudio
well in the Netherlands if you are under 18 you have to get permission by the Queen.

I think any girl or boy who is under 18 should not mary.
And should not have kids under 21 years, especially because the womens body must be ready for it.
Many country like India pakistan afghanistan are walking years behind with a lot of things, and mainly they say it is because their belief tells so.
I don't believe in any religion because it only causes disrespect to anybody and wars.
I believe in God and the love he spreads.
A religion is not neccessary. Many western are leaving churches and such because they don't believe in the way the word of God is spread, sometimes with a lot of suppression. That time is now over.
But people still believe in God.
And God has many names.
Just live your live in piece and love and taking care of your family is the most important.
That is enough to get in heaven at last.
Bondings
jjstudio wrote:
And should not have kids under 21 years, especially because the womens body must be ready for it.

I think physically a womens body is ready for childbirth a lot earlier, say 16 years old. The issues arise from social issues and the mother being not mature enough (and the father too if he hasn't left yet).
ocalhoun
Bondings wrote:
jjstudio wrote:
And should not have kids under 21 years, especially because the womens body must be ready for it.

I think physically a womens body is ready for childbirth a lot earlier, say 16 years old. The issues arise from social issues and the mother being not mature enough (and the father too if he hasn't left yet).

'Capable of' and 'ready for' are two different things... there may be some late-growth development important for child-bearing that happens after puberty.

To take a different (more familiar to me) species in parallel:
Mares (as in female horses) are capable of carrying and developing a foal at the age of 2... but only a very irresponsible horse breeder would breed such a young mare, since pregnancies earlier than 4 or 5 years old very often result in complications -- miscarriages, still-births, permanent growth and development impediment to the mother, birth complications (sometimes resulting in the death of the foal and/or mother), rejection of the foal by the mother, mother not producing adequate milk... All these things are much more common in mares bred too early in their lives.

I suspect it is likewise in humans. Just because a girl has reached puberty and can get pregnant, doesn't mean she's physically or mentally ready for the strain of motherhood.

At any rate, I'd say putting any definite age limit on it is rather arbitrary, since different individuals mature (both physically and mentally) at much different rates. One girl might be able to handle it at 16, yet another might not really be ready for it until she's 24...
mqmpakistani
One more problem is this if young boys and girls are able to control over their sexual desires for such long period of say 18 years?

In Europe, where culture allows mixing freely, there young boys and girls are indulging in sex even at age of 12/13 and 14 years.

While in close societies (like Pakistan), there is huge rate of homosexuality among the young kids (especially in the areas which are now under Taliban control while there is no woman to be seen in those areas).

Ideal situation may be if young boys and girls (if wish) then could have sexual urges fulfilled at early age, but with Birth Control (i.e. a girl becomes pregnant only after certain age).

But this solution is obviously not for the Religious Countries.
johans
for me 15 years old is very young.. at this age in my country they are busy doing school works.. education is important than getting marriage to early. 15 years old is only High school student this can cause poverty in the country and this can cause ignorance when it comes to health condition and if they continue this kind of believes this can cause major issue in the country.

Democracy, Freedom to choose will not be implemented if this kind of believes that's why major country choosing this kind of believes are in Muslim country which leads to wrong understanding and need major help to correct the wrong doing and wrong believes.

It is truly clear that parents doing this is for there only benefits from getting money.

No offense but this is the truth.
capricornis
How do they measure if she 'attained puberty'?
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