Principles and Conditions for the Determination of Age and Khyar-ul-Bulugh (option of puberty) in Marriage: A Jurisprudential Comparative Study

Authors

  • Ghulam Dastgeer Shaheen Chief Research Officer, Research Department, Council of Islamic Ideology, Islamabad
  • Hafiz Ghulam Abbas Assistant Professor, Department of Law, Bahria University, Islamabad
  • Khalid Hussain Consultant Ombudsman Punjab

Keywords:

Marriage, Determination of Age, Khyar-ul-Bulugh, Puberty

Abstract

Marriage is the first universal social institution and the gateway to establishing a new family
institution. Marital life is a pivotal variable in the socio-economic development of society. Legal
requirements for marriage differ from state to state. Muslim Family Laws declare the consent of the
parties as essential for a valid marriage. The determination of age with the principle of Khyar-ul-Bulugh
(option of puberty) is a debatable topic among Muslim scholars. Muslim countries, including Pakistan,
enacted a law on it but missed the fundamental principle of Khyar-ul-Bulugh. It is critical to study both
principles concurrently. This topic has no concrete determination in divine texts but pended on
discretion. It requires a jurisprudential comparative course to understand its spirit. This paper
investigates jurisprudential studies on the determination of age and the concept of option of puberty.
It examines various interpretations having relevance to society. It denotes the principles and
conditions against this concept. It, finally, makes certain recommendations to introduce effective
legislation and amendments.
Keywords: Marriage, Determination of Age, Khyar-ul-Bulugh, Puberty.

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Published

2022-03-31