Jurisprudential -Legal Re -examination of the Phenomenon of child marriage in light of the child`s be st interest and international developments

The phenomenon of child marriage, as a significant challenge to children`s rights, has garnered increasing attention both domestically and internationally. This article adopts an analytical-critical approach to reinterpret the jurisprudential and legal foundations of child marriage in Islamic jurisprudence, Iranian law, and international instruments. It seeks to re-examine traditional viewpoints in light of contemporary developments, emphasizing the concept of the child`s best interest. First. The concepts of child and child marriage are explored within the frameworks of jurisprudence, domestic law, and international standards. Subsequently, theoretical perspectives such as feminist viewpoints, criminalization theories, and human rights frameworks are elaborated. The article also investigates the role of consent, best interest, and guardianship in Imami (Shia) jurisprudence and their evolution in contemporary Islamic legal thought, arguing for the potential of innovative jurisprudential reasoning to advance child rights protections. Through a comparative analysis of legislative histories in Iran and other countries, the study examines the impact of legal gaps and implementation challenges in perpetuating this practice. Finally, the psychological, social, and legal consequences of child marriage are analyzed, underscoring the urgent need for legal reforms aligned with international standards to safeguard children`s rights. The article concludes by advocating for a comprehensive revision of legislation to harmonize domestic laws with global human rights commitments, prioritizing the welfare and development of children.

کلیدواژه ها:

child marriage ، the child`s best interest ، international children`s rights