The Age of Marriage in Islamic Legislation A comparative Applied Study

Abstract Praise be to Allah and peace be upon the prophet Mohammed who is sent as a mercy to the worlds and peace be upon his family, companions and followers. This study addressed the issue of (Age of Marriage in Islamic Legislation: A Comparative Applied Study) which is presented into three chapters and a conclusion. The first chapter is titled: definition of marriage, marriage and its legitimacy. This chapter includes four sections about the definition of marriage and its linguistic, idiomatic and legal meaning, Islam encouraging marriage, the rule of marriage and the wisdom behind its legitimacy, and terms and elements of the marriage contract. The second chapter is titled: eligibility of marriage, maturity and the age of marriage, legal guardianship in marriage. This chapter includes seven sections about marriage age according to Shari'a scholars, age differences of couples, authority of judge to permit the marriage of underage female and if it is permissible for the legal guardian to determine the age of marriage. The third chapter is titled: age of marriage in the laws of some other countries and the appropriate age for marriage. This chapter includes five sections about the age of marriage in some Gulf countries, Maghreb countries, Al Sham countries (Syria, Lebanon, Jordan, Palestine) and Egypt, the age of marriage in Jewish legislation and in the laws of some foreign countries and the appropriate age for marriage, the judicial intervention in the underage marriage eligibility. The study is closed by a conclusion included the findings of this study with the most important recommendations and a list of the most important sources and references.