Who is a Minor under Muslim Law?

Who is a Minor under Muslim Law?

Under Muslim law, the age of majority is regulated by two system:

  • The Classical Muslim Law:

Under classic Muslim law a person is said to be minor if he or she has not attained the age of puberty. The age of puberty is   15 years. But, as already discussed, fifteen year is the age of majority only for marriage, dower and divorce. Thus for purpose of marriage, dower   and divorce, a Muslim who has not attained the age of puberty is minor.

  • Statutory law:

Statutory rules which regulates the age of majority of the Muslim, are given below:For purpose other than marriage, dower and divorce, the age of majority is governed by the Indian Majority Act, 1875. Under this Act the age of majority is eighteen years. A Muslim who has not attained the age of eighteen years, is a minor in respect of all the matters except marriage, dower and divorce.

Where a Muslim is within the supervision of a guardian appointed by the court of law, or is a Muslim whose property has been under the supervision of the Court of Wards, the age of majority for such Muslims is Twenty-one years. Therefore, except in matter of marriage, dower and divorce, a Muslim who is in the supervision of a guardian appointed by the court or is under protection of Court of Law, remains a minor so long as he or she not attained the age of twenty one years.

Conclusion

For purpose of marriage, dower and divorce, a Muslim become adult after attaining the age of puberty. But for filling a suit in a court of law, the minimum age is eighteen years even if the suit may relate to marriage, dower and divorce. A minor can’t file any suit relating to his marriage without the ‘next friend’.


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