Who is minor?

In this forum we will discuss and post the laws, material related to the minors, minors guardian appointment of the person and property, child custody and related laws.

Who is minor?

Unread postby Admin » Fri Aug 17, 2012 7:38 am

Who is minor?

According to Islamic Law a male or female continue to be minor until he or she attains puberty. Puberty mean maturing of the sexual functions or the stage at which a person becomes physically able to become a parent. Puberty may this differ from man to man or girl to girl and no uniform number of years applicable to all cases can be given in this regard. Puberty is the test of majority according to Muhammadan Law. The Durr-ul-Mukhtar expressly lays down that the completion of the fifteenth year is the limit of minority unless signs of puberty occur at an earlier age, and this authority is supported by Jami-ur-Ramuz.

Haneefa fixed the age of majorty for males at the completion of eighteen years and for females at the completion of seventeem years, if they do not show signs of puberty at an earlier age. Haneefa's two disciples (Abu Yusuf and Muhammad) fixed the age of majority at the end of the fifteenth year for both males and females, and there is one report of Haneefa to the same effect. The opinion of Abu Yusuf and Muhammad on this subject may be taken as equal to, if not surpassing that of their master.

It is, however, presumed to be attained on the completion of fifteenth year both according to the Sunni as well as Shia schools. The Islamic Law with regard to majority has however been materially altered by the Majority Act 1875 and according to this law minority ceases and majority is attained on the completion of eighteenth years. This the Islamic Law relating to majority will not apply to the appointment of guardianship and is confined to marriage, dower and divorce.

The Guardian Judge has power to appoint a guardian of the person's person or property until he attains the age of 18 years.
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