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Attempts in Sweden to ban the marriage of girls under 18

Translated by: Manal Samhat

News…

G?ran Lambertz, who heads the government inquiry tasked with drawing up new legislation that bans the marriage of minor girls and girls under 18, said: “We want to criminalize child marriage and forced marriage. It should also be a punishable offence to take a child out of the country and marry them off there.”

But last year the government declared it wanted to see if further restrictions could be drawn up against so-called proxy marriages to try to ensure that marriages are entered into voluntarily by all parties. The inquiry also proposes scrapping an exception to current marriage laws allowing girls under the age of 18 to get married. Sweden currently has an exemption for child marriages in cases where an underage girl is pregnant.

Comment…

The Islamic Shariah did not set a certain age for marriage, for Allah says: “Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them.” (04:06).

It is scientifically proven that the girl’s maturity does not come hand in hand with a specific age, and the criterion of maturity to be followed in this case is that she would not be deluded with regard to herself and her money, and that she could be able to recognize where her best interest lies,

A minor girl in Islam is that who has not yet reached puberty, yet her marriage is deemed valid by the approval of her parents if such a marriage realizes her interest.

A forced marriage, where a girl, for example, is forced by her parents into marrying a person she does not want and without her approval and against her will, is invalid, for it badly and significantly affects her; thus, laws must be passed to control and deal with this issue.

In addition, the so-called ‘Aqd At-Tahrim with a small girl (the marriage contract between a man and a young girl to make seeing her mother without a veil valid) is invalid according to the jurisprudential opinion of his Eminence, Sayyed Fadlullah (ra), for the conditions of true intention for marriage is not met.

[The juristic office of the institution of His Eminence, the Religious Authority, Sayyed Muhammad Hussein Fadlullah (ra)]

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