Let me preface what follows here with a declaration that I am not an advocate for keeping the age limit for marriage in the Muslim Marriage Act at 12. It is around that age that many girls in this country are writing the SEA exam, and it is truly incredible to me that we can countenance a girl being pursued for marriage while still in primary school–in standard five!
I am also amazed at all the reference I'm seeing to people under the age of 18 as "children." Are we serious? Are we really proposing to treat 16 and 17-year-olds in the eyes of the law the same as eight and nine-year olds? Have we so deluded ourselves with these arbitrary threshold figures of adulthood that we are now blind to the reality of a population of people out there called adolescents who experience adult emotions and urges, and because of which, naturally exhibit very different behaviours from your average eight or nine-year-olds?
There are many jurisdictions, including many "developed" countries (those of us that think "white" is "right" might take comfort in this) that permit marriage at ages 16 and 17 with parental consent or with the permission of a court, even while maintaining a minimum age for marriage of 18.
Among these countries are fellow Commonwealth members Canada, Australia and New Zealand. In England, the minimum age for marriage is 16–no parental consent required. Yes people, 16 and 17-year olds fall in love and desire sex too. Can't believe it? Welcome to life on planet earth!
I have heard a couple Imams mention in the cacophony of voices on the topic that they have never done marriages of 12 year old girls, but that there are situations where marriages at older ages (like 16 and 17) might be what is best for all parties involved. And with all the clamouring to raise the age to 18 (when, apparently, people magically become responsible and mature overnight), I am surprised that something like the example in the previous paragraph hasn't yet been proposed as a compromise.
A Hakeem,
Chaguanas
