Earticle

초록

영어

This paper is about how societies are changing and adapting measures to resolve social challenges. In South Asian countries such as Bangladesh, India, Nepal, Pakistan, and Sri Lanka, child marriage is a challenging issue that is primarily unreported despite local and international advocacy. The major problem is the conservative nature of the society, mainly consisting of cultural/traditional norms and religious oppression, which deems to dominate the social setup. Particularly in Pakistan, religious minorities have been the target in the past decade, where minor girls from minority sects have been abducted, raped, and forced to get married to middle age or even older majority sect community members. Since the girl has embraced Islam, the sole statement is that Muslim law/Shariah should be applied rather than the constitutional, parental/legal guardian fundamental rights. Pakistan is a signatory to the Child Rights Convention, including domestic legislation and other international protocols. However, the Shariah law is the greatest challenge in the case's outcome. Secondly, although recognizing through legislation the legal age of marriage in the provinces of Pakistan, the judges use their discretion based on the statement recorded under the 164 Pakistan Penal Code1, focusing on willfully embracing Islam and consensual marriage union. Regardless of scrutinizing precisely the age mentioned on the form as proof of conversion and marriage certificates attached in the magistrate court. The valid question is whether the age mentioned on a forged document should be admitted as an exhibit. Should there be any action against the concerned judge or the perpetrator if forged documents are acknowledged in a court of law? Rather than taking any action against the unregistered Muslim preacher who registered the marriage without even verifying the age, the question imposes significant importance on where the standard should be set and who should be held accountable, the person who registered the marriage, the police who refused to register the First Information Report, the magistrate who recorded the statement of a minor under section 164 of the PPC, or the judge who admitted the conversion and marriage certificate regardless of cross-examining with the national database to verify the age? This paper's importance is to share under what circumstances child marriage should be supported or who can support the marriage based on specific episodes in life and fate. This paper will examine the marriage of minors and their consent in religiously conservative countries, culturally homogenous societies, and conservative but promoting modernization and social stability.

목차

Abstract:
Introduction:
1. Child Marriage:
1.1 Pakistan;
1.2 India;
1.3 The Republic of Korea;
1.4 The United Kingdom:
1.5 The European Union:
1.6 The United States of America:
2. Age to Marriage:
2.1 Religious Age;
2.2 Scientific and Suggested Age:
3. Census and Database:
3.1 Birth Certificates:
3.2 National Identity Certificate;
3.3 Supporting Certificates / Documents;
4. Consent:
4.1 The Consent of a Minor:
4.2 The Legal Guardians / Parents;
Conclusion:
List of References:

저자

• Ezra, Y. [ Ph.D. Candidate: Handong Global University, Pohang, South Korea. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  DONGGUK LAW REVIEW

• 간기

  반년간

• pISSN

  2287-9676

• 수록기간

  2012~2025

• 십진분류

  KDC 360 DDC 340