Making 15 years mandatory for Muslim girls' marriage in 21st century is a major set back. Quran also mentioned maturity of intellect along with puberty which is not possible at 15.
By Shazia Shaikh
The recent judgment of Delhi High Court which upheld the validity of Marriage of Muslim girls at the age of 15 has sparked off mixed reaction. On one hand, it ignited much criticism from women’s organisations and voices their concern for application of universal law instead of personal law and on the other, some sections of Muslims particularly Ulema have overwhelmingly welcome this verdict calling it triumph of Shariah law. The judgment has revived the old tug of war between personal law and uniform civil code and status of Muslim women is at stake. The Delhi High Court bench led by Justice S Ravindra Bhatt and Justice SP Garg had given verdict which says, according to Mohammedan law, a girl can marry at the age of 15 without the consent of her parents if she attains the age of puberty. And it further says this marriage would not be void. 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.
Now there is a need to understand whether this judgment confirms to the Shariah law or not. Founders of Hanafi and Shafi Schools of thought had set different marriageable age. Imam Abu Hanifa fixed the age of puberty for girls at seventeen and for boys at eighteen years. Imam Shafi has agreed fifteen years for both. Though Quran has not set specific age for marriage but it has given guidelines in Surah an-Nisa verse 6: "Test well the orphans till they reach marriageable age: then if you find them of sound judgment, deliver over unto them their fortune.”
This verse specifically refers to responsibility of guardians to be custodians of orphan’s property (welfare) until they attain marriageable age and such age would be the age of maturity of intellect and off course puberty. Hence, it is clear that both Quran and the rulings of jurists supported post puberty to be marriageable age and therefore, this judgment cannot perceive to be direct contradictory to Islamic law. In fact, as oppose to this tradition, some of our Ulema always endorsed child marriage. All India Muslim Personal Law Board in its national meeting held at Hyderabad in 2002 demanded that Muslims should be exempted from the provision of child marriage restraints Acts, 1929. Therefore, there is some progress in their acceptance of puberty as pre-condition for marriage of girls whom had throughout remained antagonistic to it.
The ruling cannot be accepted in its totality, settling the age to 15 years as opposed to 18 years for Muslim girls would have dangerous repercussions on them. This is the age of school going girls and if this law is implemented, education of Muslim girls would be highly undermined and their career prospects would be slaughtered. We should not forget that it is Muslim girls who earmarked success in large number compare to Muslim boys in every crucial exam. Overall Muslim community is facing the problem of backwardness and under representation let alone Muslim women. Fifteen years dot may set a bad precedent and would hinder the progress of Muslim women and gender equality would become impossible. There is a dire need to revisit this ruling. In fact, Quran also mentioned maturity of intellect along with puberty which is not possible at 15 in the present scenario and it is considered as minor age. One must truly appreciate that Imam Abu Hanifa and Imam Shafi had set aforementioned age for marriage in the medieval society which was very much progressive of its times and therefore to make 15 years mandatory for Muslim girls in 21st century is a major set back. There is a need to use progressive criteria in this direction according to contemporary circumstances.
(Shazia Shaikh is a Writer and Professor from Mumbai, India)
(The views expressed in the column are solely of the columnist; Journospy cannot be held responsible for them)