JEDDAH — The recent marriage of minors in Tabuk has triggered a new controversy with some people supporting the interesting event while many others opposing the traditional practice.
Discussions on the issue have been continuing for the last 10 days after the marriage.
The groom’s school gave him one-week leave to make preparations for the marriage and postponed his exams, press reports said.
Ali Al-Qaisi, the groom, advised his colleagues to marry at an early age. He thanked the school principal for postponing the exams.
Abdul Rahman Al-Atwi, manager of Al-Hijrah school, congratulated Al-Qaisi and his family on the marriage and described him as a hardworking student with exemplary qualities.
Opponents of the marriage have urged the Human Rights Commission and other relevant authorities to intervene while the National Society for Human Rights (NSHR) preferred to keep mum on the issue after conducting an investigation into the incident.
An NSHR official said the organization decided not to intervene because of Shariah principles that back such marriages. He said it was the Social Affairs Ministry’s duty to intervene in such cases to protect children’s rights.
“There are Shariah rules that determine the marriage procedures and not the age of couple. The Shariah principles have insisted that puberty is the basis for marriage.”
There is column in the marriage contract to write the age of couple. The marriage will not be solemnized until the officiant approves that both the groom and bride are qualified to marry. A marriage will not be validated if the couple is aged below 15 and the case will be taken to court for validation.
Mohammed Bin Saad Al-Wohaiby, a legal consultant and a member of the International Arbitration Commission, described the marriage of minors as a crime, adding that people exploit Shariah for such illegal marriages. He hoped the new Personal Status Law would stop such practices.
The new law, which will be passed soon, gives the right for girl to question parents’ authority to sanction such marriages and take legal action against them for misusing their guardianship.
“We thank the judiciary for solving such problems in our society by withdrawing guardianship from irresponsible fathers,” Al-Wohaiby said.
The Justice Ministry has issued several circulars instructing marriage officiants not to validate marriages of couple aged below 16 except after a judicial decision.
In the case of Tabuk marriage it happened with the approval of all parties. A judicial decision has been issued that it does not pose any harm or danger to both the groom and bride. There was no exploitation of children or forcing them to marry from the part of the bride’s father, he said.
He said the Tabuk marriage did not violate the Shariah and the Kingdom’s rules and regulations. The age of the couple was suitable and marriage might have taken places because of the family’s customs and traditions.
Customs will be considered part of regulations if they did not violate the Shariah or did not cause any harm, he explained.
