Maturity as the Criterion for Marriage Age in Imami Jurisprudence and Iranian Law with a Focus on the Convention on the Rights of the Child (CRC)

The issue of marriage age has long been a contentious topic in Islamic jurisprudence and the Iranian legal system. Jurisprudential sources do not specify a fixed age for marriage, with jurists primarily relying on religious puberty—particularly for girls, set at 9 years—as the key criterion. However, certain narrations prohibit intercourse with prepubescent girls, suggesting considerations that extend beyond mere sexual maturity. In Iranian law, while the legislator—drawing on jurisprudential foundations—permits the marriage of minors with the guardian's consent and court approval, restrictions on marriages at young ages have been established to safeguard the child's best interests. Employing a descriptive-analytical method and a comparative approach between jurisprudence and law, this study aims to elucidate the jurisprudential and legal bases for marriage age while analyzing its social and legal implications. It also examines the influence of domestic law on international instruments, such as the Convention on the Rights of the Child, alongside concerns regarding the rise of extramarital relationships due to these legal constraints. The findings suggest that redefining marriage age based on intellectual maturity and social expediency—within the framework of governmental jurisprudence—and prioritizing "maturity" and "intellectual puberty" as the primary criteria for marriage eligibility could serve as an effective strategy for harmonizing religious principles with contemporary realities.