Jurisprudential and Legal Analysis of Child Marriage in Contemporary Islamic Societies

Abstract

Child marriage is a controversial issue in contemporary Islamic societies, requiring reevaluation within the framework of Islamic jurisprudence and international law. This study examines the jurisprudential foundations related to child marriage, including the concepts of maturity (bulugh), consent, and child welfare. National laws on child marriage in various Islamic countries are compared with human rights principles, and the challenges of implementing these laws are analyzed. The findings indicate that Islamic jurisprudence has the capacity to impose restrictions to prevent child marriage, particularly in cases where such marriages result in physical and psychological harm. The study concludes by proposing strategies for harmonizing Islamic legal principles with international norms to safeguard children's rights.