A Jurisprudential-Legal Analysis of the Child Marriage Issue in the Light of Criticism Leveled against this Phenomenon: An Attempt to Offer a Favorable Proposition

Today, child marriage has become one of the concerns of social activists. On the one hand, this issue has historical and religious aspects, and on the other hand it has psychological, social, educational and medical dimensions. This study shows that although child marriage is one of the indisputable jurisprudential issues, since it can have bad psychological, social, educational and medical effects on the child's body and soul, it has been criticized in many aspects, and the Iranian legislature has long sought to impose a ban or restriction on it. However, it should be noted that these criticisms are not related to the jurisprudential permission of child marriage, rather the abuse of child marriage is criticized. Given the ethical and cultural status of today's society, and the widespread abuse of child marriage, it seems that the legislature has rightfully taken the necessary measures to monitor child marriage more than ever, but they should not go to extremes in doing so. The suggested moderate way for the legislature is to prohibit child marriage, but to allow it in exceptional cases where it is expedient. In addition, it is necessary to take measures to establish the expediency and also to monitor marriages so that no sexual relationship occurs in childhood, and to determine punishment for the violation of this provision. In this way, while adhering to the holy Shariah (and consequently acceptance of the issue by the Council of Guardians and religious people in the society), the ultimate aim which is to prevent the abuse of child marriage can be achieved.