Gender and Sexuality Studies

Abstract

Underage marriage is a common practice in the Muslim world. In Saudi Arabia, this controversial dialogue has been taking place in the Shura Counsel 2011. A few years ago, the father had the absolute right to arrange the marriage according to the Sharia law. Girls have been married off at age ten and sometimes even younger. Some have been married to men who were more than over 60 years old. 
Shura Council presented its suggested regulations to the Council of Senior Clerics for consideration. Council of Senior Clerics commented that the marriage of girls under 15 years old is permitted in Islam, and there is nothing wrong with it and here is no intention to discuss this issue. It has been a battle between the Shura Council and the Council of Senior Clerics for years. Finally, in 2022, underage marriage is illegal and punishable by law. The guardian and the older spouse face imprisonment and/or a fine. However, there are exceptions where the court can approve the marriage by processing an online application to the court. The Marriage contract is through the court, and the judge verifies the approval by explicit acknowledgment. The mother's opinion is taken. A medical report is required to prove physical and mental completeness, and a psychological and social report must prove parity between the couple.
Coercion is still likely in some cases. The consent of people involved can be a response to traditional customs and the beliefs of families, where clans and tribes can put pressure on people to conform. The lack of awareness about a child's needs and rights encourages poor decision-making.

Biography