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Al Jinan الجنان

Al Jinan الجنان

Abstract

There is no doubt that research to determine the age of marriage and the eligibility of suitors is one of the most important issues in our society, especially in recent times which have seen a significant increase in underage marriage, in order to face any exploitation that these underage girls could suffer from, whether at the hands of their parents or by others, because this has harmful effects on all levels: health, psychological, social, etc.

The latest amendment made by the Supreme Islamic Sharia Council in Lebanon on the age of marriage raised awareness among Lebanese society to take precautionary measures to prevent the exploitation of minors.

Despite the clear differences between the views of ancient and contemporary jurisprudence on the question of suitors' eligibility for marriage, setting the minimum age for the bride and groom should not contradict Islamic law as long as the aim is to protect the minor girl and prevent her exploitation, in accordance with the provisions of Islamic law, which includes a jurisprudential rule that "warding off evil takes precedence over bringing interests."

Therefore, setting the age of marriage in order to restrict the permissible and in the public interest is permissible in Shariah, provided that there is room for exception within the framework of the strict control of the competent authorities.

In exceptional cases, if the girl's interest requires that she marry at an early age, i.e. below the legally prescribed age, it is up to the Sharia judge to assess whether the bride's interest is secure, especially if her failure to marry could cause her greater harm.

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