The Marrıage Problem Of The Infants Wıth Regards To The Marıtal Capacıty In The Islamıc Law

Abstract

To be with capacity is necessary to make the marriage contract by free will and without permit from any person. To arrive pubertal period is adequate to have capacity. However, available opinion who state “Infants without capacity for marriage can be married” is under the effect of custom. To explain is not possible in the other manner this opinion that state “persons who has not maturity to understand more things and to undertake accountability can be married". However, early marriage decision also cannot be considered only related to age. Because, without social maturity of persons, the marriages must be considered as early irrespective of age