<![CDATA[The general principle of syari’ah states that legal majority comes with physical puberty. Hence in theory, capacity to conclude a marriage contract basically depends upon proof of sexual maturity established under the normal rules of evidence rather than the attainment of a specific age. In examining the statutory measures on child marriage, it appears that the Compilation follows two main objectives: restriction and indirect prohibition. Since Muhammad himself married Aisyah at an exceedingly tender age, so it is almost impossible for pious Muslims to condemn the practice. A punitive approach to child marriage would also seem unlikely to achieve a desirable result. The indirect means was therefore justified on the basis of the siyasah syar’iyah doctrine; instead of declaring the minor marriage void, the Compilation confined themselves to discouraging it by administrative expedients.]]>
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