A study by the National Council on Human Rights on “Judicial justifications for underage marriage” indicates that among the approved justifications is that judges grant permission to marry an underage girl, relying on customs and traditions to issue such permissions, especially during the first period of issuance of the family code.
According to the study, which was presented on Monday at the headquarters of the National Council for Human Rights, the issuance of the authorization is explained by phrases such as “and since the custom in these areas favors the marriage of a girl once she reaches such an age.
The courts also often respond to requests based on the social situation of the child whose family wishes to marry her, such as if she is an orphan or if one of the parents has died.
The study noted that the judiciary refuses to grant permission to marry the girl in cases where the father is absent without the legal representation of the mother being legally transferred.
Some requests submitted to the courts are based on the existence of an interest for the child or the child in marrying them to a parent, and these requests are often answered by adopting reasons such as “and since the suitor is his cousin, and has a lot of contact with them and the bride is capable of marriage and motherhood, and the suitor is sufficient for him.
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