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Early Marriage

Early marriage is one of the problems suffered by the women who, despite a diversity of opinions relating to that issue, all agree that the marriage of minors to those who are aged 60 years or more is a violation of women’s rights.

In any case, ‘early marriage’ as intended in this research refers to the marriage of girls who are aged between 15 and 18, which prevents the women from pursuing their education. From my point of view, women should get married at an age suited to bearing the responsibility entailed by marriage and having the knowledge required to run a house holding and the ability to raise children and care for them. The age of 18 is the minimum age at which a woman can complete her secondary school education. From a statistical point of view, higher numbers of cases of divorce result in marriages where there the age of the couple are not equivalent or the woman is under the age of 18. This is because majority of women are not yet intellectually mature and have little or no ability or the skills required to shoulder the responsibility of the home and family. Article 1 of the Convention on the Rights of the Child also stipulates that:

For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.[1400]

A woman at that age has more knowledge and education, as well as the physical and psychological maturity in order to be qualified for responsibility.

All countries decided to determine the marriage age in the light of the application of local and of international laws when they became signator­ies to and ratified international covenants, as referred to in Article 16 of CEDAW, which provides that:

The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.[1401]

Saudi Arabia is still examining an issuance decree determining age of marriage for both sexes. Although there have been promises over the last few years, the fulfilment of which both women and the society are waiting for, I suggest the following:

1. commission and submission of academic and scientific studies about the effects of early marriage so as to increase awareness of its dangers;

2. issuance of the law that prevents the marriage of minors under the age of 15 and provides for severe punishment for everyone who commits this action or is associated with its commission (that is, the relevant guardian);

3. acceleration of the issuance of the decree preventing the marriage under the age of 18 or 17; and

4. raising the awareness of the society of the importance of women’s education before marriage, especially the importance of completing secondary school as a minimum.

G.

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Source: Hosen Nadirsyah (ed.). Research Handbook on Islamic Law and Society. Edward Elgar Publishing,2018. — 474 p.. 2018
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