A Reassessment of the Right to Annul a Marriage Contracted During Minority Upon Reaching Maturity in Comparative Islamic Jurisprudence

Document Type : Original Article

Authors

1 .

2 Full professor of Fiqh and Fundamentals of Islamic Law Department, University of Tehran (Farabi Qom Campus)

3 دکتری حقوق خصوصی دانشگاه علوم اسلامی رضوی

10.22091/rcjl.2025.11760.1091

Abstract

The annulment of a marriage contracted during minority is a contentious issue within the realm of Islamic jurisprudence and family law. The divergent opinions among jurists regarding the right of the couple to annul the marriage upon reaching maturity stem from conflicting hadiths (narrations of the Prophet Muhammad) on this matter, leading to extensive jurisprudential debates. This research employs a descriptive-analytical method and adopts a comparative approach within Islamic jurisprudence to analyze various perspectives on this issue. The jurisprudential arguments and supporting evidence for each viewpoint are critically examined and evaluated. Ultimately, considering the jurisprudential foundations, hadiths, and social and ethical considerations, the preferred viewpoint grants the couple the right to annul the marriage upon reaching maturity. This perspective, emphasizing the principle of freedom of will and the couple's autonomy in determining their own destiny, grants them the right to decide on the continuation or dissolution of their marriage upon reaching maturity, thereby preventing potential harm associated with underage marriage. In conclusion, it is recommended that lawmakers, inspired by this jurisprudential viewpoint and taking into account social and ethical considerations, establish comprehensive and preventive regulations regarding the annulment of marriages contracted by minors upon reaching maturity.

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History

  • Receive Date: 27 November 2024
  • Revise Date: 22 January 2025
  • Accept Date: 26 January 2025

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