Adopting A Constructive Approach Towards Bangladesh Child Marriage Restraint Act 2017: An Analytical Study From Islamic Perspective

Abstract

This study analyzes Section 19 of the Child Marriage Restraint Act, 2017 (Act No. 6 of 2017) of Bangladesh in the light of an Islamic perspective. This new law allows child marriage under special circumstances with the consent of their parents and the permission of the court, which removes the inconsistency between the current law and Islamic law on child marriage. Bangladesh is a country in which around 90% of the people belong to the Muslim faith. Consequently, this law has been widely praised by practicing Muslims, although several women and human rights activists strongly opposed it. The Islamic Shari'ah does not explicitly explain the minimum or maximum age limit for marriage, as well as, it does not strongly encourage child marriage except for the child's benefits in specific circumstances. Hence, age determination for marriage is permissible in Islam as it is not contradictory with Islamic Shari'ah, as well as, marriage in special circumstances before reaching the determined age is also permissible in Islam, if there are benefits for the groom and bride. Besides the analysis of this particular Act (Section 19, 2017), according to an Islamic perspective, this research paper explains in a logical manner how it brings more benefits (maslahah) both religiously and socially than abolishing child marriage altogether in Bangladesh. The study uses a qualitative research approach and examines both primary and secondary data sources that are most relevant to the topic. In addition, the study provides a set of recommendations to implement this new provision of flexibility according to requirements. Finally, the study finds that, given the context of the socio-economic conditions in Bangladesh, this new law of flexibility will deliver greater benefits than banning child marriage entirely.