Child marriage or “child marriage” is a type of official or unofficial marriage in which a person enters into a marriage contract before reaching the age of eighteen. The minimum age for marriage set by law is eighteen in many jurisdictions, especially for girls; even being at the age of eighteen is sometimes included in the aforementioned law. Generally, the term “child marriage” is used for young girls who are forced to marry older men due to cultural traditions or economic problems in their families.

Child marriage or “forced child marriage” is a type of marriage that, in addition to its coercive aspect, can have negative consequences due to the special circumstances of the child and their lack of readiness for marriage; in a way that today, based on scientific data related to the phenomenon of child marriage, is one of the most important social problems.

Child marriage is in need of utilizing non-punitive and punitive legal tools due to various social and health reasons, as well as the deprivation of free will and lack of intention of the child to enter into marriage. The deprivation of the child’s free will, the deprivation of their right to education, and social and health reasons such as the death of young mothers due to complications during childbirth, the miscarriage of young mothers, the increase in divorced or widowed young mothers, the increase in poverty and immorality, and others are all factors that justify the condemnation of child marriage.

Book

Child marriage

Examining the Jurisprudential, Legal, and Feasibility of Sanctioning.

With a jurisprudential, legal, and criminological perspective, this text discusses and examines the issue of child marriage and attempts to prevent it through a practical approach, using legal capacities and principles of jurisprudence and the established principles of law. It first aims to create a barrier for the realization of child marriage from a civil rights perspective, and then, through the use of deterrent laws, familiarizes adults with the consequences of marrying children. The author, using a jurisprudential and completely scientific language, and relying on current laws and regulations and established legal principles, presents legal proposals and practical solutions to prevent child marriage and amend Article 1041 of the Civil Code and all related laws regarding child marriage.

Kamil Azadi presents definitions of the main concepts of child marriage from various perspectives of jurisprudence, domestic law, and international law in this book. Then, the legal requirements for the validity of marriage are examined. In the following, the challenges of early marriage are explained from a legal, social, and health perspective, and finally, the foundations of criminalization and the possibility of criminalizing child marriage are discussed, and solutions and mechanisms for protecting child victims of early marriage and preventing child marriage are proposed.

The author talks about his goal in writing this book: “My motivation for writing this book was to explain child marriage from a legal perspective and the criminal view towards adult spouses involved in these types of marriages. Before making the decision to write this book, various articles and books had been published on child marriage, mostly examining it from a cultural and sociological perspective. Clearly, a comprehensive approach was necessary to combat child marriage, one that would accurately portray the issue and remind us of its depth.”

The book is divided into two sections, “General Principles” and “Foundations of Criminalization, Assessment of Enforceability, etc.” In the first section and first chapter, the author discusses “the concept of childhood and maturity and the concept of early marriage.” Chapter two, titled “Elements and Legal Conditions for the Validity of Marriage,” includes “general conditions for the validity of contracts and specific elements for the validity of the marriage contract.” Chapter three, titled “Early Marriage of Children from the Perspective of Islamic Jurisprudence,” is where the author writes about the various views on child marriage and the challenges of early marriage.

In the continuation of the book, in the first chapter of the second section entitled “Analysis of the Foundations of Criminalization and Feasibility Assessment”, the author examines the topics of “Investigating the Laws and Principles Restricting Criminalization, Analysis of the Motivating Factors of Child Marriage, Analysis of the Impact of Criminal Intervention in Preventing Child Custody, and Feasibility Assessment of Child Marriage as a Form of Child Abuse”. Chapter two, titled “Investigating Methods of Preventing Child Marriage”, discusses the prevention of child marriage as an abnormal phenomenon and the capacity of responsible institutions in preventing it.

Book name:

Child Marriage: A Jurisprudential, Legal, and Assessment of the Possibility of Criminalization

Author: Kamel Azadi

Publisher: Aron Publications

Publication Year: 1399