Muslim Law, Eligibility for Muslim Marriage
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Traditional texts of Muslim law provides the age age for marriages in Muslims as puberty for both males and females. Keeping this in view what is the contemporary interpretation by judiciary for the age of marriage of Muslims in India and what is the scope of Prohibition of Child Marriage Act, 2006 in regard to Muslim Law ?
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According to law, the minimum age for marriage is 18 years for girls and 21 years for boys. This is laid down in two acts of parliament. First is Special Marriage Act of 1954 and second one is Prohibition of child marriages act 2006. However, the Muslim personal law states that children can marry if they attend the age of puberty which was presumed as above 15 years.
There are different interpretations even by the high courts itself. Punjab and Haryana high courts in 2011 case said that personal religious laws will prevail over prohibition of child Marriage Act and allowed the marriage of 17-year-old girl meanwhile Gujarat and Karnataka High Court said that PMA will prevail over the Muslim personal law. Although a court judgment of 2017 does say that PCMA is a secular law applicable to all, the Supreme Court has not given an authoritative verdict on the same.
Prohibition of child marriages act, 2006 states that no child below legal age can marry. This decision was taken after considering all the trauma women had to face after getting pregnant before 18 years. Child marriage is the reason why so many girls leave school and stay uneducated, further strengthening poverty in our country. Marriage earlier than 18 years can cause many health problems for the women and can even for the baby. Whereas reasoning given by Muslim personal laws is that Marriage protects a Muslim from severe crimes such as “Zinnah.” Because people have specific inclinations when they meet people of the other gender, Islam requires a Muslim to marry early if he is reluctant or unable to handle sexual needs adequately. Marriage is only a control mechanism for sexual cravings, ensuring that one does not become a subject of one’s desires.
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