Therefore, reaching puberty after the Qur`an is not the right age for marriage, but reaching the age of maturity is the right age of marriage. In Islam, marriage is a strict obligation, an ethical shield and a social responsibility. As a strict commitment that must be fulfilled; However, like any other obligation in Islam, it is imposed exclusively on persons who are fit to perform the duties associated with it. The single-judge judge of the High Court of Punjab and Haryana, Jasjit Singh Bedi, upheld the marriage of a 16-year-old Muslim girl in a recently passed order. When a couple, a 21-year-old man and a 16-year-old woman, turned to the court for protection, the court ruled that a Muslim girl over the age of 16 is allowed to marry by contract to a person of her choice. Srivastava criticized this for the inconsistency in the application of the Child Marriage Act, saying: “The decision of the Supreme Court of Punjab and Haryana focuses on the fact that the PCM Law does not amend any law other than the Hindu Marriage Act. They took advantage of this legal loophole. It is therefore clear that there is an urgent need to amend the CCM Act and to introduce provisions such as those of the JJ Act and the OCASP that will lead them to override any other law. All Muslims in India are subject to the Muslim Personal Law Enforcement Act (Shariat) Act 1937.

[1] This law deals with marriage, inheritance, inheritance and charity between Muslims. The Dissolution of Muslim Marriages Act of 1939 deals with the circumstances in which Muslim women can obtain a divorce[2] and the rights of Muslim women who have divorced their husbands, and to deal with related matters. [3] These laws do not apply in the state of Goa, where the Civil Code of Goa applies to all people, regardless of their religion. These laws do not apply to Muslims who have married under the Special Marriage Act of 1954. [4] However, this case concerned Exception 2 to Article 375 (Rape) of the ICC, which allowed the husband of a girl – aged 15 to 18 – the general freedom to have non-consensual sexual intercourse with her. The Supreme Court has read the provision that a man`s sexual intercourse with his wife, who is under the age of 18, constitutes rape, but has not addressed the issue of the age of marriage at all. Fortunately for UP`s anti-conversion laws, this prevents 15-year-old Hindu girls from being copied and married overnight under private Muslim law. Both applicants are of marriageable age, as provided for in the Muslim Personnel Act, the court said. The Supreme Court heard a petition from Shoukat Hussain and Fauzia, who tied the knot on January 21, 2021. Represented by lawyers Jyotika Panesar and Karan Singh Rana, the couple appealed to the court, saying the girl`s family was against the marriage. According to the lawyers, this was “due to the difference in caste and age” between the two. In the event that a child marriage takes place, the law allows for the filing of an application for annulment of the marriage once the child becomes of age.

However, such a request must be made within two years of the child`s age of majority. This means that a girl can file a petition when she reaches the age of 20, while a boy can do so until he reaches the age of 23. This research paper follows the teaching research methodology. Since the research covers the aspect of the age of marriage under Muslim law and how it affects children who married at an early age. Most of the data in this research was collected from primary and secondary sources such as the Qur`an, research papers, publications, articles, books, and internet sources. In 1996, the Supreme Court agreed with the Kerala Supreme Court that although the ecclesiastical court may grant a divorce or annul a Christian marriage, the Church cannot solemnize a second marriage of a party until the marriage is dissolved by a court. The decision clarifies that it is not a question of the validity of the marriage, but of responding to and protecting the applicants` fear of a threat to their life and liberty by the private defendants, as provided for in Article 21 of the Indian Constitution. The Qur`an distinguishes between reaching puberty and reaching an age, puberty, in which one is experienced enough to monitor one`s affairs and make legal agreements. The Qur`an gives a rule and outlines the circumstances and conditions that should be taken into account before marriage, which clearly indicate what the minimum age of marriage is. The Qur`an is relatively silent on the issue of the age of marriage, albeit for a verse that says, and tests orphans [within their abilities] until they reach the age of marriage. Then, when you perceive a healthy judgment in them, give them their possessions. According to this verse, there seems to be an affinity between the numb age and the age of the mature intellect.

The practice of child marriage is an area of Islamic law that has been the subject of much debate recently. Some tend to caricature Muslims as morally depraved people who force their young daughters to marry older men for financial reasons and continue to view Islam with suspicion. Several polemicists who have spoken of this practice have thrown virulent epithets at the Prophet Muhammad, whom they consider to be the initiator of this odious practice. The two authoritative sources of Islamic law sine quibus non are the Qur`an and the Sunnah.