Jurisprudential Legal Analysis of Child Marriage in Islamic Religions, Especially Imam Khomeini (RA) with Emphasis on Article 1041 of the Civil Code

Abstract

Child marriage is one of the most controversial issues in jurisprudence and law. Most jurists of Islamic religions, especially Imam Khomeini, consider child marriage to be lawful. The Iranian Civil Code has envisaged child marriage according to Article 1041 approved in 2002. In 2018, an urgent plan to ban underage marriage of minors and increase the age of marriage for adult children was approved by parliament. If sexual education and economic growth are necessary in marriage, the presumption of impairment and harm in the marriage of children is prevalent. If a stronger exigency in this impairment can be conceived for the marriage of a child, in that case, the expediency of this marriage should be allowed. The present article examines child marriage through descriptive-analytical method. The necessary data are collected from library sources as well as the viewpoints of the proponents and opponents of this issue in the jurisprudence of Islamic religions and the laws of Iran. Finally, these two perspectives are critically studied and proposed for the use of the legislators. In Article 1041 of the Civil Code, instead of imposing a prohibition or restriction on the child marriage, in addition to emphasizing the expediency, the matter should be investigated by a trusted experts board of the judiciary to rule on marriage permits in appropriate cases.

Keywords

• marriage
• child
• puberty
• article 1041
• civil code
• imam khomeini