Determining The Legal Age Of Marriage In Algerian Family Law And Its Impact On The Sustainability Of Marriage And Its Effects On The Social Environment

Abstract

This research addresses the issue of determining the legal age of marriage in Algerian family law and its impact on the social environment. It is a controversial matter between what Islamic jurisprudence has traditionally established and what has been adopted by positive (civil) laws, including Algerian family law, particularly in light of differing views regarding marriage eligibility, its conditions, and limitations. Accordingly, this issue is presented through a comparative analysis between the rulings of the four major Islamic schools of thought and the provisions of Algerian family law.

The controversy revolves around the legitimacy of legally setting a minimum age for marriage, the extent to which this aligns with Islamic legal rulings, and the resulting jurisprudential and social implications, especially in cases of marriage below the legal age or when a judge refuses to grant permission for marriage to those under 19 years old.

This study aims to clarify the Islamic legal ruling on setting a marriage age, analyze juristic opinions, present the position of Algerian legislation on the matter, and assess the extent to which this legal provision achieves social benefit and whether it aligns with the higher objectives (maqāṣid) of Islamic law in preserving the family and society.

The study adopts the inductive method to collect relevant legal and Sharia-based texts, the analytical method to examine relevant opinions and arguments, and the comparative method to juxtapose the views of the four Sunni schools with Algerian family law.

The study reached several conclusions; among them, the majority of jurists affirm that eligibility for marriage is attained upon reaching puberty, without setting a specific age. However, the higher objectives of Sharia require considering the benefit (maṣlaḥa) and the ability to bear the responsibilities of marriage to ensure its sustainability. The study also revealed that the determination of the legal age of marriage in Algerian law aims to protect minors from the negative consequences of early marriage and to safeguard society at large. However, this legal standard may, at times, conflict with special cases that require legal flexibility and Sharia-based guidelines.

The study emphasized that strictly adhering to a legal age without considering actual maturity or eligibility may lead to legal and social complications. It concluded that Islamic law places significant importance on marriage as the foundation of the family and society, and that its rulings aim to realize the mutual benefit of both spouses and ensure marital continuity. The establishment of a legal marriage age in Algerian legislation serves as a civil safeguard for minors; Still, it requires greater alignment with juristic principles to achieve a balance between legal protection and Sharia objectives. The reality underscores the need to harmonize legislation and jurisprudence to ensure social stability and marital sustainability.