Ethical Reflections on the Permission of A Minor Marriage and its Conflict with the Rule of Justice

In the jurisprudential rulings of the religion of Islam, the permission to marry girls can be seen from birth, which has almost been agreed upon by the earlier scholars. In addition, the couple is given the right to enjoy everything except the marital relationship before puberty. Accordingly, the purpose of this article is to show the consequences and adverse effects of this jurisprudential ruling, according to which, conflicts with the principle of justice have emerged. In this article, the author, using a descriptive-analytical method, states two main topics. One is the rule of justice and how it is used in jurisprudential rulings and the cases in which this rule is included, and the other is the cases in which minor marriage is considered as an example of oppression. In fact, he stated the corruptions that are arranged for the permission of this ruling. In the end, with these two bases, he came to the conclusion that minor marriage, because it has corruption and harms, including negative psychological, physical, sexual, social and family consequences, is an example of injustice, and is in conflict with the rule of justice, which is also a rational principle and in line with the taste of the Holy Shari'a. Therefore, considering that the principle of marriage is a rational matter and its realization is subject to the realization of rational principles, it is preferred wherever it is in conflict with the rational principle. Therefore, the author concluded in this article that the principle of permitting a minor marriage needs to be reviewed by the jurist and mujtahid in order to take into account the temporal, spatial, and social conditions in that ruling.

کلیدواژه ها:

Minor marriage ، rule of justice ، coercive guardian ، Child Marriage