The Supreme Court will decide whether marriage is legal according to Sharia among Muslims


(PTI) New Delhi, Ta. September 19, 2019, Thursday

According to Islamic law, the Supreme Court has given consent for hearing on the legality of marriage of a minor of 16 years. However, the lower court and the High Court have termed the marriage inappropriate. A Muslim minor has claimed that he has performed marriage according to Muslim law Sharia. The Supreme Court has agreed to hear the matter.

A minor in Uttar Pradesh has applied to the Supreme Court to declare his marriage legal before the age of 18, fixed by the constitution for marriage. Sagira has challenged the High Court's order denying her marriage inappropriate.

Uttar Pradesh's Sagira has stated in the petition that according to Islamic law, 16 years of age is considered suitable for a girl, therefore she has the right to marry. She is past the age of Rajeshwala and is free to live her marital life.

However, according to the Constitution, marriage of a girl under the age of 18 is considered inappropriate. The lower court of Ayodhya ordered the woman to be sent to a shelter home as she was under the age of 18 at the time of marriage.

The girl challenged the order in the Allahabad High Court. But the High Court also upheld the lower court's ruling that the order to send her to a shelter home was appropriate as the applicant was a minor and did not want to stay with her parents. The High Court also disqualified minor marriages with this order. The girl challenged the order in the Supreme Court.

The petition filed in the Supreme Court states that she is married. He should be allowed to live in this marriage. The incident happened in Uttar Pradesh's Ayodhya. A Bench of Justices NV Ramana, Justice Indira Banerjee and Justice Ajay Rastogi of the Supreme Court allowed the petition filed in the matter to be heard from the area and has sought the Uttar Pradesh government's response.

In her petition against the High Court order, the woman argued in the Supreme Court that according to Islamic law, any woman, on average 16 years of age, is free to make decisions about her life and is able to marry anyone she chooses. The woman, in a petition filed by her lawyer Dushyant Parasara, said that she loves a young man and was cleared of Muslim law in June this year.

After the alleged marriage, the girl's father filed a kidnapping case against the young man. In her petition, the young woman's father said that a young man along with his associates had abducted his daughter.

However, the woman said in a statement filed against the magistrate that she had married the man voluntarily. He wants to be with her. The local court, in its verdict on June 24, said that according to Indian law, the marriage of a young woman is not appropriate because of age. The court sent the woman to the shelter home until the age of 18, with the verdict.

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