A Muslim on twitter was attempting to act smart.
"Muslims are experts on Hinduism"
Musalmaaan Marrying under 10's🤣😂🤮
"The 1937 Shariat Act allowed for child marriage based on puberty rather than a specific age."
🤮🤮🤮🤮
Discusting!
btw, How old was Aisha??? 🤣
Muslims in India are marrying children.
Banned for Hindus.
😂🤣https://indiacode.nic.in/bitstream/123456789/6843/1/child_marriage_prohibition_act.pdf
"The Prohibition of Child Marriage Act (PCMA), 2006, which came into force on November 1, 2007, in India, aims to prevent child marriages, protect victims, and punish offenders"
In India, the legal conflict between the Prohibition of Child Marriage Act (PCMA) 2006 and Muslim Personal Law centers on whether secular age limits (18 for females, 21 for males) override traditional religious practices that allow marriage upon reaching puberty (legally presumed at 15). [1, 2]
Current Legal Status
The applicability of these laws is currently a subject of active litigation in India's highest courts. Key developments include: [3, 4]
- Judicial Precedent: Several High Courts, including those in Kerala, Gujarat, and Madras, have ruled that the PCMA 2006 is a special secular law that supersedes all personal laws, including the Shariat Application Act 1937.
- Supreme Court Review: The Supreme Court of India is currently adjudicating a petition from the National Commission for Protection of Child Rights (NCPCR) to establish a uniform constitutional standard on whether personal laws can override secular criminal protections.
- Conflict with POCSO: The Protection of Children from Sexual Offences (POCSO) Act 2012 further complicates the issue by criminalising sexual intercourse with any minor under 18, regardless of marital status or personal law.
- Proposed Legislation: The Prohibition of Child Marriage (Amendment) Bill 2021 seeks to formally equalise the marriage age for all women to 21 years and explicitly override all customs and traditions. [2, 3, 5, 6, 7, 8, 9, 10]
Summary of Differences
| Feature [1, 2, 3, 11] | PCMA 2006 (Secular Law) | Muslim Personal Law (Shariat) |
|---|---|---|
| Minimum Age (Female) | 18 Years | Puberty (Presumed 15) |
| Minimum Age (Male) | 21 Years | Puberty (Presumed 15) |
| Legal Validity | Voidable at the option of the minor | Generally considered valid if puberty reached |
Under the PCMA, child marriages are not automatically void but are voidable at the option of the party who was a minor at the time of the marriage. [2, 12]
Would you like to know more about the specific High Court rulings or the current status of the 2021 Amendment Bill?
The Muslim Personal Law (Shariat) Application Act, 1937 mandates that in all matters concerning marriage, the rule of decision for Muslims in India shall be Muslim Personal Law (Shariat). Under this personal law, a marriage is considered valid if the parties have attained puberty (known as bulugh), rather than a specific chronological age. [1, 2, 3, 4]
Key aspects of how this interacts with age and marriage include:
- Puberty as the Threshold: Traditional Shariat law allows a girl to be married upon attaining puberty, which is often presumed at age 15 in the absence of evidence, but can be as low as 9 depending on the school of jurisprudence.
- Legal Conflict: This principle frequently conflicts with secular Indian laws like the Prohibition of Child Marriage Act, 2006, which sets the minimum age at 18 for women and 21 for men.
- Judicial Rulings: Various Indian High Courts have issued conflicting rulings on this matter. Some, such as the Delhi High Court, have upheld that a Muslim girl who has attained puberty can marry of her own free will even if she is under 18. Others, like the Madras High Court, have ruled that secular child marriage prevention laws prevail over personal law.
- Guardian Consent: Under the 1937 Act, a guardian (wali) can also contract a marriage for a minor even before they reach puberty, though the child may have the "option of puberty" (khyar-ul-bulugh) to repudiate the marriage upon reaching maturity. [3, 4, 5, 6, 7, 8, 9]
Muhammeds 6 year old wife Aisha
Narrated `Aisha:
that the Prophet (ï·º) married her when she was six years old and he consummated his marriage when she was nine years old, and then she remained with him for nine years (i.e., till his death).
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