The minor marriages from the perspective of Islamic jurisprudence and Afghan effective laws

Pages: 6-10
Esmatullah Mohammadi (Head of Department of Jurisprudence and Law, Faculty of Islamic Studies, Herat University, Afghanistan)

Marriage is a connection that every human experience it in their life; and the majority of humanitarian rules sky religious particularly Islamic Shariya not only recognized it as Lord Constitution and posed some regulations for it, also considered its sacredness. And is known as an ideal way of sexual desires, mental calmness, and human generation maintenance. Conducting this goal is possible when this relation is based on religious directions and legal regulations in an age when married couples understand its values, importance, and objective. On the other hand, many Islamic scholars allowed underage marriages, when Islamic history has narrated such events. Now, this is questioned that in the current situation by considering all negative consequences of underage marriages; is it possible for layers to limit the allowance of this kind of marriage? Or they deliver this decision to judges. In a positive response to this question, what is the base for underage marriages in the history of Islam? What is known from the study of jurisprudential and legal opinions is that in the current situation, due to time changes and more attention of parents to material issues and reduction of human emotions, such marriages with small personal interests and the strength and continuity of their family relationships. It is necessary to emphasize the application of the rule of underage marriages to prevent further abuse of profiteers and beneficiaries and to protect the interests of minors. Undoubtedly, the imposition of such restrictions on the above-mentioned rule is not considered against the Shari’a but is under the spirit of the rules of jurisprudence and law.