Don’t age legal guidelines apply to Muslims? The story of a 17-year-old Muslim lady and 36-year-old Muslim man suggests so

In a weird growth, the Punjab and Haryana High Court upheld the wedding of a 17-year-old minor Muslim lady with a 36-year-old man. The couple, which had solemnised their relationship with an Islamic marriage ceremony on January 21, did so with out the consent of their households – who at the moment are threatening the couple. While the ruling of the High Court might sound weird on the face of it, there may be little the judiciary of India can do when adjudicating on Islamic practices, that are guided by the Muslim Personal Law. Broadly, the High Court upheld the notion of a Muslim lady, having attained puberty, being eligible to marry.Justice Alka Sarin noticed that the petitioners can’t be disadvantaged of the elemental rights offered by the Constitution merely as a result of their members of the family had been in opposition to it. The court docket additionally mentioned that members of the family had no proper to intervene for the reason that couple bought married as per the Muslim Personal Law. Referring to Article 195 of Muslim Personal Law, the court docket mentioned, “Lunatics and minors who have not attained puberty may be validly contracted in marriage by their respective guardians. Marriage of a Muslim having a sound mind and who has attained puberty is void if it is brought about without his or her consent.”The ruling, backed by the Muslim Personal Law has gone on to indicate that regardless of having an age distinction of shut to twenty years between the bride and groom, households are left helpless – since such {couples} know learn how to make use of authorized loopholes to their profit. The judiciary will come to the rescue of such {couples} even once they have entered into an unfeasible marriage, with the bride at least being a minor who has not attained the age of 18.In a separate ruling, the Punjab Haryana High Court additionally mentioned lately {that a} Muslim man can marry one other girl with out taking a divorce from the primary spouse, however a Muslim girl has to take a divorce for her second marriage. The Muslim girl must break up from her first husband beneath the Muslim Marriage Act 1939. Interestingly, the Muslim girl said that the primary marriage was solemnised in opposition to her will.It is cases comparable to these which reinforce the instant want for a Uniform Civil Code for Indians, no matter their faith. The identical would disallow Muslim {couples} such because the one which approached the Punjab and Haryana HC to profit from weird constitutional provisions in India.