صغر سنی کی شادی اور حق خیارِ بلوغ: شریعہ اور پاکستانی قانون کا تقابلی جائزہ .................................................................... Child Marriage and the Right of Option of Puberty: A Comparative Study of Islamic and Pakistani Law

Abstract

ABSTRACT

In contemporary world, child marriage is discouraged and has been considered a social and legal issue. Islamic law, while allowing child marriage, puts certain restrictions on the guardian’s authority to contract his ward into marriage. Pakistani law follows the suit. Pakistan law, aiming at discouraging child marriage, has declared it a punishable offence, though the marriage itself remains valid. Islamic, as well as Pakistani law gives the right to exercise the option of puberty to a person whose marriage was contracted during minority. The right to exercise option of puberty is a safeguard against abuse of authority of a guardian. This right is though available to persons whose marriage was contracted during minority regardless of gender, it is more crucial for a girl than a boy, as the latter has the authority of divorce whereas the former has only this option to repudiate a marriage contracted by her guardian. The dilemma is that in Pakistani social environment practically it is difficult for a girl to exercise this right without consent of her family. This article attempts to explore the rules regarding child marriage and option of puberty in Islamic as well as Pakistani law and analyse the problems in implementation of this right in Pakistan.