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MINOR MARRIAGES AND KHIYĀR AL-BULŪGH IN OTTOMAN PALESTINE: A NOTE ON WOMEN'S STRATEGIES IN A PATRIARCHAL SOCIETY

MINOR MARRIAGES AND KHIYĀR AL-BULŪGH IN OTTOMAN PALESTINE: A NOTE ON WOMEN'S STRATEGIES IN A... <jats:sec><jats:title>Abstract</jats:title><jats:p>Sharī'a court records (sijills) are legal documents that summarize discussions that took place in the courtroom. They also contain a wealth of detail on various aspects of Muslim society. Drawing on different sijills from nineteenth-century Palestine and fatwās of Khayr al-Dīn al-Ramlī, I examine the phenomenon of child marriage and the practice of khiyār al-bulūgh, literally "option of puberty". If a natural guardian contracts a marriage for a minor child, male or female, the child may not subsequently have the contract annulled. Whereas a boy enjoys the right to divorce his wife through the mechanism of talāq as soon as he reaches his majority, a girl who reaches her majority must approach the court if she wants to dissolve a marriage (faskh), and she may do so only if she was married while a minor by a non-natural guardian. In this case, she may exercise her right of khiyār al-bulūgh immediately upon reaching her legal majority, i.e., at the onset of her first menstruation. But she must make a public declaration of the occurrence of menstruation so that the persons who hear the declaration may serve as witnesses on her behalf.</jats:p> </jats:sec> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Islamic Law and Society Brill

MINOR MARRIAGES AND KHIYĀR AL-BULŪGH IN OTTOMAN PALESTINE: A NOTE ON WOMEN'S STRATEGIES IN A PATRIARCHAL SOCIETY

Islamic Law and Society , Volume 9 (3): 386 – Jan 1, 2002

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Publisher
Brill
Copyright
© 2002 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9380
eISSN
1568-5195
DOI
10.1163/156851902320901206
Publisher site
See Article on Publisher Site

Abstract

<jats:sec><jats:title>Abstract</jats:title><jats:p>Sharī'a court records (sijills) are legal documents that summarize discussions that took place in the courtroom. They also contain a wealth of detail on various aspects of Muslim society. Drawing on different sijills from nineteenth-century Palestine and fatwās of Khayr al-Dīn al-Ramlī, I examine the phenomenon of child marriage and the practice of khiyār al-bulūgh, literally "option of puberty". If a natural guardian contracts a marriage for a minor child, male or female, the child may not subsequently have the contract annulled. Whereas a boy enjoys the right to divorce his wife through the mechanism of talāq as soon as he reaches his majority, a girl who reaches her majority must approach the court if she wants to dissolve a marriage (faskh), and she may do so only if she was married while a minor by a non-natural guardian. In this case, she may exercise her right of khiyār al-bulūgh immediately upon reaching her legal majority, i.e., at the onset of her first menstruation. But she must make a public declaration of the occurrence of menstruation so that the persons who hear the declaration may serve as witnesses on her behalf.</jats:p> </jats:sec>

Journal

Islamic Law and SocietyBrill

Published: Jan 1, 2002

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