Age Of Marriage Of Muslim Girl
Muslim girl can marry below 18 age-
As per Mohammedan Law, a girl who had attained the age of puberty could marry without the consent of her parents and had right to reside with her husband even when she was less than 18 years of age and thus otherwise a minor girl. where the parties are Muslims, they are governed by the Muslim Personal Law (Shariat) and the same would be applicable for the purpose of marriage and dissolution of marriage etc. The Majority Act, 1875 further makes it clear that the said Act will not be applicable in case of marriage. As per provisions of the Act, 2006, marriage of minor is void in certain circumstances and especially as per Section 12(a) of the Act if the “child is taken or enticed out of the keeping of the lawful guardian” and the same is applicable to all Citizens of India.
Child marriage Prohibition Act is not applicable to Muslim Marriage-
The Muslim Personal Law (Shariat) Application Act, 1937 is a Special Act, whereas, the Prohibition of Child Marriage Act, 2006, is a general Act. The general provisions would yield to specific provisions. This is a well-settled proposition of law. The Special Act would have predominance over the general Act.
The rule “generalis specialibus non derogant,” which means that the general provision should yield to a specific provision, is based upon the reason that in passing a special Act, Parliament devotes its entire consideration to a particular subject. When a general Act is subsequently passed, it is logical to presume that Parliament has not repealed or modified the former special Act unless it appears that the special Act again received consideration from Parliament.
Discussion on Age of Muslim girl under Mohammedan Law –
Under the Mohammedan Law a girl, who has attained the age of puberty, can marry without the consent of her parents. In this connection, reference can be made to Article 251 or Mullas Principles of Mohammedan Law which says that every Mohammedan of sound mind, who has attained puberty, may enter into a contract of marriage. The explanation to the said Article says that puberty is presumed, in the absence of evidence on completion of the age of 15 years. Even in Tyabjis Muslim Law under Article 27, it is mentioned that a girl reaching the age of puberty can marry without the consent of her guardian. Article 268 of Mullas Principles of Mohammedan Law says that the marriage will be presumed, in the absence of direct proof, by the mere fact of acknowledgement by the man or the woman as his wife. Article 90 of Tyabjis Muslim Law also says that a marriage is to be presumed on the acknowledgement of either party to the marriage. As such, it has to be held that under Mohammedan Law a girl, who has reached the age of puberty, i.e., in a normal course at the age of 15 years, can marry without the consent of her guardian.”
A Muslim girl who attained the age of 15 years can do marriage without the consent of the parents with the condition that she should marry a Muslim boy.