نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسنده English
The family, as the most fundamental social and educational institution, is the cornerstone of human happiness and perfection. Within this institution, spouses achieve peace and happiness through empathy and love. This is primarily realized in families where members have reached sufficient growth, understanding of circumstances, intellectual maturity, and psychological readiness for a healthy marriage. One of the significant challenges of the contemporary era is the phenomenon of child marriage, which refers to the marriage of girls and boys who have not yet reached full physical and mental maturity. This issue has occurred in some families, raising the question of what the jurisprudential and legal challenges of child marriage are in the civil laws of Afghanistan and Egypt.
This research, using a descriptive-analytical method and relying on library resources and credible documents, explores child marriage in the legal systems of Afghanistan and Egypt. The findings of this study indicate that the Quran does not endorse the legitimacy of child marriage; rather, it emphasizes the physical and psychological readiness of individuals for marriage. From a jurisprudential perspective, child marriage lacks legitimacy based on the principle of "la darar wa la dirar" (no harm or causing harm). While the majority of Sunni jurists, who accepted the legitimacy of child marriage with the aim of preserving the child's and family's interests, this view has not been accepted by the legal systems of Islamic countries such as Egypt and Afghanistan. These legal systems consider child marriage a phenomenon contrary to civilization and a sign of backwardness.
کلیدواژهها English