Feasibility of Criminalizing the Marriage of Underage Girls from the Perspective of Jurisprudence and Law

Abstract

One of the challenging issues in the field of Islamic jurisprudence and law is the issue of the marriage of underage girls; although this issue was not considered very important in the past due to the simplicity of family relationships and was accepted as one of the issues; but today, since on the one hand, the type of attitudes towards married life has changed compared to the past; because, unlike in the past, the necessity of couples making decisions regarding marriage is accepted and emphasized, and on the other hand, the marriage of underage girls entails problems, the question arises as to whether the same past practice and method can be logical and justified or whether there is a need to rethink the jurisprudential sources of this issue so that, relying on jurisprudential and legal rules and regulations, it can be discussed about the possibility of criminalizing this issue. The present study seeks to answer this question using descriptive and analytical methods and library tools. The results of the research indicate that by relying on principles such as the principle of human dignity, harm, expediency, justice, the rule of attribution and laharj, the criminalization of the aforementioned act can be justified and its possibility can be discussed.