Yeth, I do…

An interesting debate is taking place in Jordan’s social media on child marriage, spurred by instructions that permit the marriage of children between 15 and 18 years of age, published in the Official Gazette No. 2457, on July 16, 2017, pp. 4500-4502.

Two points should be highlighted: First, the issue concerns mainly the marriage of underage girls. As the statistical report of the chief qadi shows, in 2015 there were 372 under-18 male marriages compared to 10,866 under-18 female marriages.

Second, the new instructions, compared to the previous, make it slightly more difficult for children to marry before 18.

This is a step in the right direction, albeit an infinitesimally small one. But the baffling question is: Why do we approach reform with such timidity?

Child exploitation is not a good thing, so why are we embarrassed to enact laws to protect children?

Why do we not have the courage of our convictions?

On another point, Article 3 of the instructions says that “the Qadi may permit someone who has completed 15 but not 18 years of age to marry if this marriage serves the [public] interest”.

What interest is served by child marriage other than the concupiscence of a lascivious adult?

Supporters of child marriage, and they are many and vociferous, have ready answers. They claim that marriage protects orphan girls from falling into sin and crime.

They further argue that banning child marriage is a Western notion that is incompatible with Islam, which, they claim, defines puberty as the demarcation line separating childhood from adulthood, and which encourages people to marry as soon as they are capable of reproduction.

First of all, orphans and other children in need should be protected from sin and crime by nurturing and educating them to empower them, when they reach adulthood, to lead an independent life. It is not done by making them sex toys for the libidinous.

Moreover, if it is a Western novelty to protect children from exploitation, sexual or otherwise, then we should thank the West for introducing it to us and ask them for more such ideas.

Finally, we really should acknowledge that life is different today from what it was 1,400 years ago. For one thing, children reach puberty earlier due to better diet and healthcare.

At the turn of the 20th century, children reached puberty at the age of 16 or 17, whereas today they do so at 13 or even 12.

Besides, it is unlikely that Islam would define maturity as a function of reproductive organs. Surely the mind comes into it.

Children continue to develop physically till 21, before which they cannot weigh rationally the consequences of their actions.

Moreover, as a Jordanian lawyer observed, how can children become responsible mothers and fathers when they are too young to have a job, drive a car or even open a bank account?

People who care for children should foster them and educate them. They should not copulate with them.