Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.655687
Title: Determining the minimum legal age for marriage in Islamic Fiqh with a focus on its impact on young married women's rights : a case study of Family Law No 36 of 2010 in Jordan
Author: Dwairi, Orwah
ISNI:       0000 0004 5366 8047
Awarding Body: University of Aberdeen
Current Institution: University of Aberdeen
Date of Award: 2015
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Abstract:
The present thesis has been designed to discuss how the minimum age for marriage has been determined in Islamic Fiqh with a focus on the case study of the Family Law No 36 of 2010 in Jordan. It is the contention of the present researcher that the marriage of minors cannot comply with the guidance of both the Holy Quran and Hadith because neither specified a clear cut minimum age for marriage. A considerable confusion exists among Muslim scholars regarding the determination of the minimum age for marriage leading to the prevalence of child marriage in some Muslim societies. This confusion has arisen when Muslim scholars have sought to derive the minimum age for marriage from de – contextualised verses of the Holy Quran and texts of the Hadith that refer to the physical and natural symptoms of puberty and encourage both young men and women to marry at an early age. In order to fully examine such a problematic issue, identify the root causes lying behind it and, hopefully make a contribution towards solving it, the present study has sought to jurisprudentially contextualise such an issue within the Islamic Fiqh. The researcher has argued that determining the appropriate age for marriage based on the original context of pertinent verses of the Holy Quran and texts of the Hadith as well as the international criteria for human rights is the sole legal guarantee that safeguards the right of women to express their full and free consent to marriage.
Supervisor: Not available Sponsor: Al al-Bayt University ; Jordan
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.655687  DOI: Not available
Keywords: Marriage age (Islamic law) ; Marriage law
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