The Punjab and Haryana High Court has held that a Muslim girl who is less than 18 years old but has attained puberty is free to marry anyone as per the Muslim Personal Law.

A bench of Justice Alka Sarin gave the verdict relying on various court rulings and the article 195 in 'Principles of Mohammedan Law', an authoritative textbook by prominent Muslim personal law jurist Sir Dinshah Fardunji Mulla.

Quoting provisions of article 195 in Mulla's authoritative treatise on Muslim personal laws, the bench observed that a Muslim girl on attaining the age of puberty was competent to enter into a contract of marriage with a person of her choice.

Article 195 in the book explains the capacity (eligibility) for marriage under the Muslim Personal Law, the bench pointed out, adding that as per this provision, every Mohammedan (Muslim) of sound mind, who has attained puberty, may enter into a contract of marriage.

According to law the minimum age for marriage — is 18 years for girls and 21 for boys. This is laid down in two separate acts of the Indian parliament.

One, the special marriage act of 1954.

Second and the prohibition of child marriage act of 2006.

How then did the court recognise this marriage of a 17 year old?

Because it gave primacy to personal laws, the Muslim personal law says maturity and puberty are one and the same. So if a person has attained puberty — they are free to marry.

This puts the age of marriage at around 15 years. It's as if the last 150 years of social reforms never happened.

This is not an argument against personal laws in India. Though it's high time the country had a uniform civil code. But that's for the Parliament and the people of India to decide together.

But when courts uphold personal laws — at the expense of children's rights — questions must be asked.

Are the laws in tune with modern times? Are the Court's interpreting them with a progressive mindset? Most of the laws that we live by were framed decades back.

Times have changed, what was considered normal in the past -- is probably a crime today.

So the laws must keep up. Which means the lawmakers must keep up. Unfortunately -- in most cases -- they don't.

(With inputs from agencies)

The Punjab and Haryana High Court has held that a Muslim girl who is less than 18 years old but has attained puberty is free to marry anyone as per the Muslim Personal Law.

The Punjab and Haryana High Court has held that a Muslim girl who is less than 18 years old but has attained puberty is free to marry anyone as per the Muslim Personal Law. A bench of Justice Alka Sarin gave the verdict relying on various court rulings and the article 195 in 'Principles of Mohammedan Law', an authoritative textbook by prominent Muslim personal law jurist Sir Dinshah Fardunji Mulla. Quoting provisions of article 195 in Mulla's authoritative treatise on Muslim personal laws, the bench observed that a Muslim girl on attaining the age of puberty was competent to enter into a contract of marriage with a person of her choice. Article 195 in the book explains the capacity (eligibility) for marriage under the Muslim Personal Law, the bench pointed out, adding that as per this provision, every Mohammedan (Muslim) of sound mind, who has attained puberty, may enter into a contract of marriage. According to law the minimum age for marriage — is 18 years for girls and 21 for boys. This is laid down in two separate acts of the Indian parliament. One, the special marriage act of 1954. Second and the prohibition of child marriage act of 2006. How then did the court recognise this marriage of a 17 year old? Because it gave primacy to personal laws, the Muslim personal law says maturity and puberty are one and the same. So if a person has attained puberty — they are free to marry. This puts the age of marriage at around 15 years. It's as if the last 150 years of social reforms never happened. This is not an argument against personal laws in India. Though it's high time the country had a uniform civil code. But that's for the Parliament and the people of India to decide together. But when courts uphold personal laws — at the expense of children's rights — questions must be asked. Are the laws in tune with modern times? Are the Court's interpreting them with a progressive mindset? Most of the laws that we live by were framed decades back. Times have changed, what was considered normal in the past -- is probably a crime today. So the laws must keep up. Which means the lawmakers must keep up. Unfortunately -- in most cases -- they don't. (With inputs from agencies)

On attaining puberty, Muslim girl can marry anyone: Why legal system needs a reality check

On Monday, a 13-year-old Christian girl’s custody was given to her husband by Sindh High Court in Pakistan.

Pakistan: 13-year-old Christian girl married off to Muslim man after being abducted

In a shocking incident, a teenage Muslim girl was called a "terrorist" by a man who ripped off her hijab with a knife.&nbsp

The incident occurred last week in US state of Virginia. The local police described the attack as an incident of a hate crime. Reports suggest that the 13-year-old girl was targeted "because of her religious attire".

The girl was attacked while walking in the Woodbridge area on April 6 wherein she was confronted by a stranger who swore at her and seized her arm. According to police, the girl removed her headscarf while the culprit tried covering her mouth as she tried to scream.&nbsp

The attacker fled when a motorist came by and saw him harassing the woman, the police said. The girl was reported to have suffered minor injuries.&nbsp

The police continue to investigate the matter.

(With inputs from PTI)&nbsp

The incident occurred last week in US state of Virginia

In a shocking incident, a teenage Muslim girl was called a "terrorist" by a man who ripped off her hijab with a knife. The incident occurred last week in US state of Virginia. The local police described the attack as an incident of a hate crime. Reports suggest that the 13-year-old girl was targeted "because of her religious attire". The girl was attacked while walking in the Woodbridge area on April 6 wherein she was confronted by a stranger who swore at her and seized her arm. According to police, the girl removed her headscarf while the culprit tried covering her mouth as she tried to scream. The attacker fled when a motorist came by and saw him harassing the woman, the police said. The girl was reported to have suffered minor injuries. The police continue to investigate the matter. (With inputs from PTI)

US: Attacker rips off Muslim girl's hijab, calls her 'terrorist'

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On attaining puberty, Muslim girl can marry anyone: Why legal system needs a reality check

Pakistan: 13-year-old Christian girl married off to Muslim man after being abducted

US: Attacker rips off Muslim girl's hijab, calls her 'terrorist'