Name: Nidhi Gautam.

Class: T.Y.B.L.S./LL.B. [Semester6]

Roll Number: A/15

Subject: Family Law- I

Submitted to: Assistant Prof. Satarupa Aich.

Topic: Differences between Puberty and Majority.

Date: 13/03/2023
 DIFFERENCES BETWEEN PUBERTY & MAJORITY

INTRODUCTION:

Puberty is a natural phenomenon that occurs at different ages in different individuals. Global
Human Behavior Research shows that girls and boys born and living in warmer parts of the
world are more likely to have early puberty than their peers living in warmer regions and
climates. cooler climate in the world. For example, people living in Arab countries in the
Middle East tend to have earlier puberty than people living in Nordic countries.

However, the age of puberty should not be considered the sole criterion for determining the age
of marriage. Other factors such as a person's overall maturity and ability to discern what is good
or bad, make it valid for their individual approval or disapproval in major life decisions, should
also be considered.

“195. Capacity for marriage – (1) Every Mahomedan1 of sound mind, who has attained
puberty, may enter into a contract of marriage.
(2) Lunatics2 and minors who have not attained puberty may be validly contracted in marriage
by their respective guardians.
(3) A marriage of a Mahomedan who is sound mind and has attained puberty, is void, if it is
brought about without his consent.

Age of majority:

Muslim law: 15 years- marriage, dower and divorce

18 years- guardianship and other matters.

Indian law: 18 years- Indian majority act, 1875

21 years- guardianship and wards act, 1890

1
a follower of the religion of Islam; a Muslim.
2
Section 84 IPC
MEANING:

The age at which puberty occurs is often construed legally as 14 in boys and 12 in girls.
However, the Mohammadan law prescribes age of puberty. Hedaya3 says the minimum age of
puberty for a boy is 12 years and for a girl it is 9 years but it has been fixed at 15 years of age
by the Privy Council in the year 1916. Therefore a boy or a girl irrespective of the gender, of 15
years of age will be presumed to have attained the age of puberty unless the contrary is proved.
Under Muslim law, a person under 15 years of age is presumed to be a minor. As per
Explanation to Article 195 from the book ‘Principles of Mohammedan Law by Sir Dinshah
Fardunji Mulla’:

PUBERTY:
Puberty is presumed, in the absence of evidence, on completion of the age of fifteen years.The
age of majority is when a minor is considered an adult for all legal purposes. When a minor
comes to the age of majority, he or she is considered responsible for the consequences of all his
or her actions and loses any immunity that he or she had as a minor.
The majority’s age for a minor is determined by when the minor typically achieve mental and
physical maturity. However, this depends on current societal values, various socioeconomic
factors, and, most importantly, what society expects from its minors.

PUBERTY UNDER MUSLIM LAW:

Historically, the age of the majority was not always 18 years; but instead varied depending on
the group and society at the time.
Puberty and majority are, in the Muslim Law, one and the same. Puberty is presumed to have
been attained on the completion of the fifteenth years. But now the Muslims are governed by
the Indian Majority Act4,1875, except in matters relating to marriage, divorce and dower. The
existing position regarding the age of majority in such cases is given as below: Fifteen years is
the age of majority for the purposes of marriage, dower and divorce. At or above this age, he or
she is free to do anything in the sphere of marriage, dower and divorce.

3
Quran
4
Every person domiciled in India shall attain the age of majority on his completing the age of eighteen years and not before
Fifteen years is the age of the majority in general. As regards other matters of guardianship of
person and property, a Muslim will be governed by the Majority Act which prescribes 18 years
as the age of majority, Thus, in cases of wills, waqfs, etc., the minority will terminate on the
completion of 18 years.

Twenty-one years is the age of majority if the minor is under the Court of Wards, or a guardian
of him has been appointed by the Court.

PUBERTY AND MAJORITY UNDER DIFFERENT LAWS:

People arrive at development at various ages and this is mostly dependent upon their way of
life, environment, social desires, socialization forms and other logical variables. The minimum
criteria in Islam for those going into marriage is that they ought to have arrived at pubescence
as well as have the far-reaching development to comprehend their privileges and duties in
marriage, and have the option to satisfy them. The Qur’an draws a qualification between
arriving at pubescence and arriving at an age, past puberty, where one is full-grown enough to
deal with their undertakings and go into legitimate understandings, an age that can be said when
one has gained maturity. That’s why according to Quran reaching puberty is not the correct age
for marriage, but reaching the age of maturity is the right age of marriage.

As per the Indian Majority Act, the legal age to attain majority in India is 18 years for both
genders. However, no such fixed age for puberty is prescribed. The law respecting majority
remained in an unsettled state until the Indian Majority Act of 1875 was passed. That Act (as its
preamble states) was passed for prolonging the period of non-age and attaining more uniformity
and certainty respecting the age of majority in case of persons domiciled in British India. The
Act of 18905 adopted a uniform age for all purposes for appointing a guardian. This was
achieved by adopting, by reference, the definition of "minor", as given in the Majority Act,
1875. The age as given in that Act was 18 years. Once a guardian was appointed, the age of
majority was extended to 21 years.

5
Guardian and Wards Act, 1890
AGE OF MARRIAGE UNDER MUSLIM LAW:

Marriage under Islam is a matrimonial arrangement and an association that legalises sexual
intercourse between a woman and a man for the purpose of reproduction of children, the
propagation of love, togetherness and the existence of families that are deemed to be an integral
unit in society.
For marriage, Islam has not provided any particular age, either for the male or for the female.
Islam, though, has only proposed getting married at a young age. The basic requirement in
sharia law is that they must not only have completed puberty but also have the full maturity to
recognise and be able to meet their rights and obligations in marriage. Islam also allows
Muslims to abide by the rules of the land wherein they live, and most nations, including Muslim
countries, specify 18 as the minimum legal marriage age, some with parental consent enabling
marriage before this. Islamic Relief, an international aid agency, considers 18 to be the
minimum age at which young people today have the sufficient maturity to carry marital
responsibilities, build healthy families and protect against the harm caused by early marriage.
For those who go into marriage, the basic rules in Islam are that they should not only have
achieved pubescence but also have the thorough maturity to recognise and be able to fulfil their
rights and obligations in marriage.

Difference between Puberty and Majority:

The Qur’an draws a differentiation between reaching puberty and arriving at an age, past
puberty, where one is sufficiently experienced to oversee their affairs and go into lawful
understandings. “The Qur’an is relatively silent on the issue of marriageable age, albeit for one
verse which states, and test the orphans [in their abilities] until they reach marriageable age.
Then if you perceive in them sound judgment, release their property to them”. According to this
verse, there seems to be an affinity between being of marriageable age and the age of mature
intellect. Deriving from such an analogy, “Muhammad Iqbal Siddiqi6” argues that the
fundamental aspect of possessing a developed intellect is the capacity to recognise that one has
options and the ability to select a preferred alternative. Thus, the age of majority is equal to the
age of marriage and the age of mature justification exists only after puberty.

6
A Muslim author
CONCLUSION:

Marriage is one of the most important institutions in our culture whether it is an Islamic
marriage or Hindu marriage. But nowadays the importance and sanctity of marriage is lost. Just
for the sake of money, parents are marrying their children at such a young age and without their
consent. Sometimes, they marry their children even before the age of puberty which is very
wrong.

Even though in Islamic law marriage is allowed at an early age, that does not mean to marry
their children at the age of 5. The age of puberty is the age of maturity. When the girls hit the
age of puberty they are free to marry with their consent to anyone. This is also according to the
sayings of Sunnah, in which Lady Aisha’s example is given. The most important thing is the
girls and boys should only marry when they are mature enough to understand everything and
are able to find the right person they are looking for themselves.

Even Qur’an says that one should marry when they are mature enough, not when they still are a
child. Sometimes the age of puberty and age of maturity contradicts. It’s not always true that
one immediately attains maturity when they hit the age of puberty. Some can attain maturity at
the age of 5 or even 30. At the end, it only depends on us when we want to marry. It’s high
time, even in Islamic law, that parents should give their children choice when to marry, not
when they attain puberty.