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The Child marriage prohibition officers are deemed to be public servant and no suit will lie on the action taken by the Child marriage prohibition officers in good faith. Child marriage Restraint Act is repealed by this new Act. There are some controversies existing regarding the marriageable age of girls, particularly Muslim girls.
[4] [6] For all others, The Prohibition of Child Marriage Act of 2006 defines "child marriage" means a marriage, or a marriage about to be solemnized, to which either of the contracting parties is a child; and child for purposes of marriage is defined based on gender of the person – if a male, it is 21 years of age, and if a female, 18 years ...
The topic of Islam and children includes Islamic principles of child development, the rights of children in Islam, the duties of children towards their parents, and the rights of parents over their children, both biological and foster children. Islam identifies three distinct stages of child development, each lasting 7 years, from age 0-21.
Marriage is an act of Islam [13] and is strongly recommended. [12] [14] Polygyny is permitted in Islam under some conditions, but polyandry is forbidden. [15] In Islam, marriage (Arabic: نِكَاح, romanized: Nikāḥ) is a legal contract between a man and a woman. Both the groom and the bride are to consent to the marriage of their own free ...
In India, Section 13(2)(iv) of the Hindu Marriage Act and Section 2(vii) of the Dissolution of Muslim Marriages Act, 1939 gave young wives the option, within time limits, while Section 3(3) of the Prohibition of Child Marriage Act, 2006 gave both husbands and wives the choice, as well as a little more time to exercise it. [4]
The Child Marriage Restraint Act, 1929, passed on 28 September 1929, in the Imperial Legislative Council of India, fixed the minimum age of marriage for girls at 14 years and boys at 18 years. In 1949, after India's independence, it was amended to fix the age of 15 for girls, and in 1978 to 18 for girls and 21 for boys.
The Indian Union Muslim League (IUML) opposes the Child Marriage Act on the grounds that it contravenes the Muslim personal law. [6] [7] According to a survey by the Integrated Child Development Scheme, of the 3,400 girls aged 13 to 18 married in Malappuram, Kerala in 2012, 2,800 were Muslims.
Nikah ijtimaa, or combined marriage, is a form of marriage practiced in pre-Islamic Arabia, in which multiple men would have intercourse with a woman, and if she bore a child, she would choose one of the men to be the father of the child. [11] This form of marriage was outlawed by Islam, and traditional jurisprudence requires that any man and ...