زواج القاصرات في القانون الأفغاني : دراسة تقويمة مقاصدية /
This research aims to appraise the underage marriage in the Afghan law by studying the legitimacy of the girl’s marriage before the legal age, with evidence from the Qur’an and Sunnah, consensus, and theories of scholars. This research also discusses the evidence of each of the groups and considers...
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| Format: | Thesis |
| Language: | Arabic |
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| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/11013 |
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| Summary: | This research aims to appraise the underage marriage in the Afghan law by studying the legitimacy of the girl’s marriage before the legal age, with evidence from the Qur’an and Sunnah, consensus, and theories of scholars. This research also discusses the evidence of each of the groups and considers the more probable evidence as to authenticity. Many citizens still engage with underage marriages based on what they consider to be in the interests of their daughters, particularly in the city of Heratin spite of the law prohibiting it. Underage marriage has various reasons and motives, including religious, economic, and social reasons, and this type of marriage is prevalent in Afghan society. This marriage has negative and positive effects, and therefore this issue has been considered by Afghan legislators and women's rights advocates. It is becoming increasingly of particular importance. Accordingly, the investigation of this matter from the perspectives of Islamic Shariah and Afghan law is imperative. To this end, the researcher collected and analyzed scientific materials and data from Fiqh books by employing the inductive, evaluative, and analytical methods, in addition to the field research where interviews were conducted with religious scholars, university professors, and employees of governmental and non-governmental organizations about the reasons for the underage marriages, its effects. The research revealed that the majority of jurists agree that the marriage of underage girls is permissible but restricted the consummation of marriage upon her endurance and capacity to engage in intercourse. As for consummation before puberty and without her endurance and physical capacity, there is no permission by agreement of the jurists, and they emphasized considering her interests. Following the theory of some scholars, the Afghan law set the marriage age for girls at the age of 16 and prohibited marriage before that. Nonetheless, the idea of determining the age of marriage was not mentioned in the books of the classical jurists, except for what was referred to by some jurists by defining marriage by puberty, and arguing that the determination of the marriage age is one of the requirements for the contemporary life The Fatwa (nonbinding legal opinions) changes according to circumstances and that it is within the authority of the rulers to restrict what is permissible if there is a need to, according to certain conditions and controls. This study recommends applying Shariah in underage marriage to preserve the girls’ rights, refine the Afghani law according to Shariah, and conduct workshops for those who want to get married to enlighten their thoughts on marriage. |
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| Item Description: | Abstracts in English and Arabic.
"بحث متطلب مقدم لنيل درجة الماجستير في معارف الوحي والتراث."--On title page. |
| Physical Description: | [xii], 164 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 139-160). |