Marriageable age

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Marriageable age, marriage age, or the age of marriage is the general age, a legal age or the minimum age marriage. Age and other prerequisites to marriage vary between jurisdictions, but in the vast majority of jurisdictions, the marriage age as a right is set at the age of majority. Nevertheless, most jurisdictions allow marriage at a younger age with parental or judicial approval, especially if the female is pregnant. Among most indigenous cultures, people marry at fifteen, the age of sexual maturity for both the male and the female. In industrialized cultures, the age of marriage is most commonly 18 years old, but there are variations, and the marriageable age should not be confused with the age of majority or the age of consent, though they may be the same.

Contents

The 55 parties to the 1962 Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages have agreed to specify a minimum marriage age by statute law‚ to override customary, religious, tribal laws and traditions. When the marriageable age under a law of a religious community is lower than that under the law of the land, the state law prevails. However, some religious communities do not accept the supremacy of state law in this respect, which may lead to child marriage or forced marriage. The 123 parties to the 1956 Supplementary Convention on the Abolition of Slavery have agreed to adopt a prescribed "suitable" minimum age for marriage. In many developing countries, the official age prescriptions stand as mere guidelines. UNICEF, the United Nations children's organization, regards a marriage of a minor (legal child), a person below the adult age, as child marriage and a violation of rights. [1]

Until recently, the minimum marriageable age for females was lower in many jurisdictions than for males, on the premise that females mature at an earlier age than males. This law has been viewed by some to be discriminatory, so that in many countries the marriageable age of females has been raised to equal that of males. [2]

History and social attitudes

Classical antiquity

Greece

In Greece females married as young as 14 or 16. [3] In Spartan marriages, females were around 18 and males were around 25. [4]

Rome

In the Roman Empire, the Emperor Augustus introduced marriage legislation, the Lex Papia Poppaea , which rewarded marriage and childbearing. The legislation also imposed penalties for both men and women who remained unmarried, or who married but for whatever reason failed to have children. For men it is between the ages of 25 and 60 while for women it is between ages 20 and 50. [5] Women who were Vestal Virgins were selected between the ages of 10 and 13 to serve as priestesses in the temple of goddess Vesta in the Roman Forum for 30 years, after which they could marry. [6]

Noblewomen were known to marry as young as 12 years of age, [7] whereas women in the lower social classes were more likely to marry slightly further into their teenage years. [8] [9] The father had the right and duty to seek a good and useful match for his children, and might arrange a child's betrothal long before he or she came of age (age of maturity). [10] To further the interests of their birth families, daughters of the elite would marry into respectable families. [11] If a daughter could prove the proposed husband to be of bad character, she could legitimately refuse the match [11]

In Roman law, age of majority varied from being 25 or as high as 30, though the age of marriage was 12 years for females and 14 years for males, and age of betrothal was 7 years for both males and females. The age of lawful consent to a marriage was 12 for girls and 14 for boys. [7]

Ancient Roman law required brides to be at least 12 years old. In ancient Roman law, first marriages to brides aged 12–25 required the consent of the bride and her father, but by the late antique period, Roman law permitted women over 25 to marry without parental consent. [12] : 29–37 

Historically, individuals were allowed to enter into a marriage contract at a very young age. This coincided with signs of puberty, such as the start of menstruation for a female and the growth of pubic hair for a male. In Ancient Rome, the appropriate minimum age for marriage was regarded as 14 for males and 12 for females. [13]

43% of Pagan females married at 12–15 years and 42% of Christian females married at 15–18 years. [14]

In late antiquity, most Roman women married in their late teens to early twenties, but noble women married younger than those of the lower classes, as an aristocratic girl was expected to be virgin until her first marriage. [8] In late antiquity, under Roman law, daughters inherited equally from their parents if no will was produced. [12] : 63  In addition, Roman law recognized wives' property as legally separate from husbands' property, [12] : 133–154  as did some legal systems in parts of Europe and colonial Latin America.

In 380 C.E., the Emperor Theodosius issued the Edict of Thessalonica, which made Nicene Christianity the official religion of the Roman Empire. The Holy See adapted Roman law into Canon law. [13]

Medieval Europe

After the fall of the Western Roman Empire and the rise of the Holy Roman Empire, manorialism also helped weaken the ties of kinship and thus the power of clans. As early as the 9th century in northwestern France, families that worked on manors were small, consisting of parents and children and occasionally a grandparent. The Roman Catholic Church and State had become allies in erasing the solidarity and thus the political power of the clans; the Roman Catholic Church sought to replace traditional religion, whose vehicle was the kin group, and substitute the authority of the elders of the kin group with that of a religious elder. At the same time, the king's rule was undermined by revolts by the most powerful kin groups, clans or sections, whose conspiracies and murders threatened the power of the state and also the demands by manorial Lords for obedient, compliant workers. [15]

As the peasants and serfs lived and worked on farms that they rented from the lord of the manor, they also needed the permission of the lord to marry. Couples therefore had to comply with the lord of the manor and wait until a small farm became available before they could marry and thus produce children. Those who could and did not delay marriage were presumably rewarded by the landlord and those who did not marry were presumably denied that reward. For example, marriage ages in Medieval England varied depending on economic circumstances, with couples delaying marriage until their early twenties when times were bad, but might marry in their late teens after the Black Death, when there was a severe labour shortage; [16] : 96  by appearances, marriage of adolescents was not the norm in England. [16] : 98–100 

In medieval Western Europe, the rise of Catholicism and manorialism had both created incentives to keep families nuclear, and thus the age of marriage increased; the Western Church instituted marriage laws and practices that undermined large kinship groups. The Roman Catholic Church prohibited consanguineous marriages, a marriage pattern that had been a means to maintain clans (and thus their power) throughout history. [17] The Roman Catholic Church curtailed arranged marriages in which the bride did not clearly agree to the union. [18]

Male and female adolescents needed parental consent to marry because they were under the age of majority, 21 years old. In the 12th century, the Roman Catholic Church drastically changed legal standards for marital consent by allowing daughters over 12 years old and sons over 14 years old to marry without their parents' approval, even if their marriage was made clandestinely. [19] Parish studies have confirmed that in the late medieval period, females did sometimes marry without their parents' approval in England. [20]

In the 12th century, Canon law jurist Gratian, stated that consent for marriage could not take place before the age of 12 years old for females and 14 years old for males; also, consent for betrothal could not take place before the age of 7 years old for females and males, as that is the age of reason. The Church of England, after breaking away from the Roman Catholic Church, carried with it the same minimum age requirements. Age of consent for marriage of 12 years old for girls and of 14 years old for boys were written into English civil law. [13]

The first recorded age-of-consent law, in England, dates back 800 years. The age of consent law in question has to do with the law of rape and not the law of marriage as sometimes misunderstood. In 1275, in England, as part of the rape law, the Statute of Westminster 1275, made it a misdemeanor to have sex with a "maiden within age", whether with or without her consent. The phrase "within age" was interpreted by jurist Sir Edward Coke as meaning the age of marriage, which at the time was 12 years old. [21] A 1576 law was created with more severe punishments for having sex with a girl for which the age of consent was set at 10 years old. [22] Under English common law the age of consent, as part of the law of rape, was 10 or 12 years old and rape was defined as forceful sexual intercourse with a woman against her will. To convict a man of rape, both force and lack of consent had to be proved, except in the case of a girl who is under the age of consent. Since the age of consent applied in all circumstances, not just in physical assaults, the law also made it impossible for an underage girl (under 12 years old) to consent to sexual activity. There was one exception: a man's acts with his wife (females over 12 years old), to which rape law did not apply. [23] Jurist Sir Matthew Hale stated that both rape laws were valid at the same time. [24] In 1875, the Offence Against the Persons Act raised the age to 13 years in England; an act of sexual intercourse with a girl younger than 13 was a felony. [25]

There were some fathers who arranged marriages for a son or a daughter before he or she reached the age of maturity, which is similar to what some fathers in ancient Rome did. Consummation would not take place until the age of maturity. Roman Catholic Canon law defines a marriage as consummated when the "spouses have performed between themselves in a human fashion a conjugal act which is suitable in itself for the procreation of offspring, to which marriage is ordered by its nature and by which the spouses become one flesh." [26] There are recorded marriages of two- and three-year-olds: in 1564, a three-year-old named John was married to a two-year-old named Jane in the Bishop's Court in Chester, England.

Modern history

The policy of the Roman Catholic Church, and later various protestant churches, of considering clandestine marriages and marriages made without parental consent to be valid was controversial, and in the 16th century both the French monarchy and the Lutheran Church sought to end these practices, with limited success. [27]

In most of Northwestern Europe, marriages at very early ages were rare. One thousand marriage certificates from 1619 to 1660 in the Archdiocese of Canterbury show that only one bride was 13 years old, four were 15, twelve were 16, and seventeen were 17 years old; while the other 966 brides were at least 19 years old. [28]

In England and Wales, the Marriage Act 1753 required a marriage to be covered by a licence (requiring parental consent for those under 21) or the publication of bans (which parents of those under 21 could forbid). Additionally, the Church of England dictated that both the bride and groom must be at least 21 years of age to marry without the consent of their families. In the certificates, the most common age for the brides is 22 years. For the grooms 24 years was the most common age, with average ages of 24 years for the brides and 27 for the grooms. [28] While European noblewomen often married early, they were a small minority of the population, [29] and the marriage certificates from Canterbury show that even among nobility it was very rare to marry women off at very early ages. [28]

The minimum age requirements of 12 and 14 were eventually written into English civil law. By default, these provisions became the minimum marriage ages in colonial America. [13] On the average, marriages occurred several years earlier in colonial America than in Europe, and much higher proportions of the population eventually got married. Community-based studies suggest an average age at marriage of about 20 years old for women in the early colonial period and about 26 years old for men. [30] In the late 19th century and throughout the 20th century, U.S. states began to slowly raise the minimum legal age at which individuals were allowed to marry. Age restrictions, as in most developed countries, have been revised upward so that they are now between 15 and 21 years of age. [13]

Before 1929, the Scottish law adopted the Roman law in allowing a girl to marry at twelve years of age and a boy at fourteen, without any requirement for parental consent. However, in practice, marriages in Scotland at such young ages was almost unknown. [31]

France

In France, until the French Revolution, the marriageable age was 12 years for females and 14 for males. Revolutionary legislation in 1792 increased the age to 13 years for females and 15 for males. Under the Napoleonic Code in 1804, the marriageable age was set at 15 years old for females and 18 years old for males. [32] In 2006, the marriageable age for females was increased to 18, the same as for males. In jurisdictions where the ages are not the same, the marriageable age for females is more commonly two or three years lower than that of males.

Central Europe

In 17th century Poland, in the Warsaw parish of St John, the average age of women entering marriage was 20.1, and that of men was 23.7. In the second half of the eighteenth century, women in the parish of Holy Cross married at 21.8, while men at 29. [33]

Eastern Europe

In medieval Eastern Europe, the Slavic traditions of patrilocality of early and universal marriage (usually of a bride aged 13–15 years, with menarche occurring on average at age 14) lingered; [34] the manorial system had yet to penetrate into Eastern Europe and generally had less effect on clan systems there. The bans on cross-cousin marriages had also not been firmly enforced. [35]

In Russia, before 1830 the age of consent for marriage was 15 years old for males and 13 years old for females [36] (though 15 years old was preferred for females, so much so that it was written into the Law Code of 1649). [37] Teenage marriage was practised for chastity. Both the female and the male teenager needed consent of their parents to marry because they were under 20 years old, the age of majority. In 1830, the age of consent for marriage was raised to 18 years old for males and 16 years old for females [36] Though 18 years old was preferred for females, the average age of marriage for females was around 19 years old. [38] [39]

Mesoamerica

Aztec society

Aztec family law generally followed customary law. Men got married between the ages of 20–22, and women generally got married at 15 to 18 years of age. [40]

Mayan civilization

Maya family law appears to have been based on customary law. Maya men and women usually got married at around the age of 20, though women sometimes got married at the age of 16 or 17. [41]

Marriageable age as a right vs exceptions

In majority of countries, a right to marry at age 18 is enshrined along with all other rights and responsibilities of adulthood. However, most of these countries allow those younger than that age to marry, usually with parental consent or judicial authorization. These exceptions vary considerably by country. The United Nations Population Fund stated: [42]

In 2010, 158 countries reported that 18 years was the minimum legal age for marriage for women without parental consent or approval by a pertinent authority. However, in 146 [of those] countries, state or customary law allows girls younger than 18 to marry with the consent of parents or other authorities; in 52 countries, girls under age 15 can marry with parental consent. In contrast, 18 is the legal age for marriage without consent among males in 180 countries. Additionally, in 105 countries, boys can marry with the consent of a parent or a pertinent authority, and in 23 countries, boys under age 15 can marry with parental consent.

In recent years, many countries in the EU have tightened their marriage laws, either banning marriage under 18 completely, or requiring judicial approval for such marriages. Countries which have reformed their marriage laws in recent years include Sweden (2014), Denmark (2017), Germany (2017), Luxembourg (2014), Spain (2015), Netherlands (2015), Finland (2019) and Ireland (2019). Many developing countries have also enacted similar laws in recent years: Honduras (2017), Ecuador (2015), Costa Rica (2017), Panama (2015), Trinidad & Tobago (2017), Malawi (2017).

The minimum age requirements of 12 years old for females and 14 years old for males were written into English civil law. By default, these provisions became the minimum marriage ages in colonial America. This English common law inherited from the British remained in force in America unless a specific state law was enacted to replace them. In the United States, as in most developed countries, age restrictions have been revised upward so that they are now between 15 and 21 years of age. [13]

In Western countries, marriages of teenagers have become rare in recent years, with their frequency declining during the past few decades. For instance, in Finland, where in the early 21st century underage youth could obtain a special judicial authorization to marry, there were only 30–40 such marriages per year during that period (with most of the spouses being aged 17), while in the early 1990s, more than 100 such marriages were registered each year. Since 1 June 2019 Finland has banned marriages of anyone under 18 with no exemptions. [43] [44]

Relation to the age of majority

Marriage age as a right is usually the same with the age of majority which is 18 years old in most countries. However, in some countries, the age of majority is under 18, while in others it is 19, 20 or 21 years. In Canada for example, the age of majority is 19 in Nova Scotia, New Brunswick, British Columbia, Newfoundland and Labrador, Northwest Territories, Yukon and Nunavut. Marriage under 19 years in these provinces requires parental or court consent (see Marriage in Canada). In USA for example, the age of majority is 21 in Mississippi and 19 in Nebraska and requires parental consent. In many jurisdictions of North America, married minors become legally emancipated. [45]

By country

Africa

CountryWithout parental or judicial consentWith parental consentWith judicial consentNotes
MaleFemaleMaleFemaleMaleFemale
Flag of Algeria.svg  Algeria 19None(Article 7 of the Family Code [46] )
Flag of Angola.svg  Angola [47] 181615–
Flag of Benin.svg  Benin [48] 18None
Flag of Botswana.svg  Botswana [49] 18–
Flag of Burkina Faso.svg  Burkina Faso [50] 2020171815
Flag of Burundi.svg  Burundi [51] 2118–
Flag of Cameroon.svg  Cameroon [52] 211815–
Flag of the Central African Republic.svg  Central African Republic [53] 1813
Flag of Chad.svg  Chad [54] 18
Flag of the Democratic Republic of the Congo.svg  Democratic Republic of Congo [55] [56] 18
Flag of Djibouti.svg  Djibouti [57] 18None
Flag of Egypt.svg  Egypt [58] 18
Flag of Equatorial Guinea.svg  Equatorial Guinea [59] 1814
Flag of Eritrea.svg  Eritrea [60] 18
Flag of Eswatini.svg  Eswatini [61] 211816–
Flag of Ethiopia.svg  Ethiopia [62] 1816
Flag of Gabon.svg  Gabon [63] 211815–
Flag of Guinea.svg  Guinea [64] 2118–
Flag of Guinea-Bissau.svg  Guinea-Bissau [65] 18
Flag of Cote d'Ivoire.svg  Ivory Coast [66] 212018–
Flag of Kenya.svg  Kenya 18As per section 4, Marriage Act 2014. [67]
Flag of Lesotho.svg  Lesotho [68] 211816–
Flag of Liberia.svg  Liberia [69] 21181816–
Flag of Libya.svg  Libya [70] 20None
Flag of Mauritius.svg  Mauritius [71] 1816–
Flag of Madagascar.svg  Madagascar [72] 18
Flag of Mali.svg  Mali [73] 1816181615
Flag of Mauritania.svg  Mauritania [74] 18None
Flag of Morocco.svg  Morocco [75] 18None
Flag of Mozambique.svg  Mozambique [76] 1818–In July 2019, Mozambique passed a law to ban child marriage outright. It was signed by the President on 14 October 2019 and it became a law after being published in "Boletim da República" on 22 October. [77]
Flag of Namibia.svg  Namibia 21 [78] 18NoneUnder the age of 18 with the written permission of the Minister or any staff member in the Public Service authorized by the Minister. [79]
Flag of Niger.svg  Niger [80] 211815–
Flag of Nigeria.svg  Nigeria [81] 18
Flag of the Republic of the Congo.svg  Republic of the Congo [82] 21182118None
Flag of Rwanda.svg  Rwanda [83] 21
Flag of Sao Tome and Principe.svg  São Tomé and Príncipe [84] 181614–
Flag of Senegal.svg  Senegal [85] 1816–
Flag of Sierra Leone.svg  Sierra Leone [86] 18
Flag of Somalia.svg  Somalia [87] 1816–
Flag of South Africa.svg  South Africa 1815None
Flag of South Sudan.svg  South Sudan 18 [92]
Flag of Sudan.svg  Sudan Puberty10The Personal Status Law of Muslims, 1991, allows the marriage of a girl from puberty. Ten years-olds can be married with judicial authorization. The Marriage of Non-Muslims Act of 1926 sets the age of marriage at 13 for non-Muslim girls, and 15 for non-Muslim boys. [93]
Flag of Tanzania.svg  Tanzania [94] 181514
Flag of Togo (3-2).svg  Togo [95] [96] 1816
Flag of Tunisia.svg  Tunisia [97] 18
Flag of Uganda.svg  Uganda [98] 18
Flag of Zambia.svg  Zambia [99] 2118–In 2023 marriages under 18 banned. [100]
Flag of Zimbabwe.svg  Zimbabwe 18In 2016, the Constitutional Court ruled that the Marriage Act, which permitted girls (not boys) aged 16 to be married with their parents' consent, was unconstitutional and recognised 18 years as the legal minimum age of marriage. [101]

Americas

CountryWithout parental or judicial consentWith parental consentWith judicial consentNotes
MaleFemaleMaleFemaleMaleFemale
Flag of Antigua and Barbuda.svg  Antigua and Barbuda [102] 1815–Section 25 of The Marriage Act reads: "A marriage solemnized between persons either of whom is under the age of fifteen shall be null and void." [103]
Flag of Argentina.svg  Argentina 1816None(Art 403 and 404 of Código Civil y Comercial de la Nación). [104]
Flag of the Bahamas.svg  Bahamas 1815NoneThe Marriage Act (1908) provides no minimum age with judicial consent; the age with parental consent is 15 (Marriage Act, Sec. 20(2), 50 and Schedule M). [105]
Flag of Barbados.svg  Barbados 1816– [106]
Flag of Belize.svg  Belize 1816–with parental consent (The Belize Marriage (Amendment) Act of 2005 increased the minimum age from 14 to 16). [107]
Flag of Bolivia.svg  Bolivia 1816(Article 139 of the new Civil Code of 2014). [108]
Flag of Brazil.svg  Brazil 1816 [109]
Flag of Canada (Pantone).svg  Canada 18/1916 Marriage in Canada is governed by both federal and provincial laws. The minimum age to marry is set at 16 by a federal statute, the Civil Marriage Act , which states: "No person who is under the age of 16 years may contract marriage." [110] In addition, the provinces may impose procedural requirements for the marriage of a minor who is over 16 but under the age of majority (18 or 19), such as requiring parental consent or permission from a judge. The Criminal Code also prohibits marriage under the age of 16: "Everyone who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years." [111]
Flag of Chile.svg  Chile 18Since 2022, the minimum age is 18. [112] [113]
Flag of Colombia.svg  Colombia 1814– [114]
Flag of Costa Rica.svg  Costa Rica 18 [115]
Flag of Cuba.svg  Cuba 18Since 2022, the minimum age is 18. [116]
Flag of Dominica.svg  Dominica 1816– [117]
Flag of the Dominican Republic.svg  Dominican Republic 18Since 2021, the minimum age is 18. [118]
Flag of Ecuador.svg  Ecuador 18Since 2015, the minimum age is 18. [119]
Flag of El Salvador.svg  El Salvador 18Since 2017, the minimum age is 18. [120]
Flag of Grenada.svg  Grenada 2116– [121]
Flag of Guatemala.svg  Guatemala 1816 [122] [123]
Flag of Guyana.svg  Guyana 1816– [124]
Flag of Haiti.svg  Haiti 1815– [125]
Flag of Honduras.svg  Honduras 18 [126] Since 2017, the minimum age is 18. Before 2017 females could marry from 16, with parental consent. [126]
Flag of Jamaica.svg  Jamaica 1816– [127]
Flag of Mexico.svg  Mexico 18Varies by state. The General Law on the Rights of Children and Adolescents 2014 establishes 18 years as the general age of marriage, but allows girls to marry at 14 and boys at 16 with parental consent. At state level, as of May 2017, 22 states have made marriage before 18 illegal, while another ten allow it under certain circumstances. [128] As of June 1, 2020 marriageable age in all states is 18 without exceptions. [129]
Flag of Nicaragua.svg  Nicaragua 1816–Under the new 2014 Código de Familia, Articles 54, 57(a) and 58(c). [130]
Flag of Panama.svg  Panama 18Since 2015, the minimum age is 18; prior to that date girls could marry from age 14 years and boys from age 16, with parental consent. [131]
Flag of Paraguay.svg  Paraguay 1816– [132]
Flag of Peru.svg  Peru 1816– [133]
Flag of Puerto Rico.svg  Puerto Rico 2118None(Younger parties may obtain license in case of pregnancy or birth of child), and 18 with parental consent. [134] Puerto Rico is a territory of the United States.
Flag of Saint Kitts and Nevis.svg  Saint Kitts and Nevis 18 [135]
Flag of Saint Lucia.svg  Saint Lucia 1816– [136]
Flag of Saint Vincent and the Grenadines.svg  Saint Vincent and the Grenadines 18–– [137]
Flag of Suriname.svg  Suriname 211715– [138]
Flag of Trinidad and Tobago.svg  Trinidad and Tobago 18Since 2017, the minimum age is 18. [139]
Flag of the United States.svg  United States 18 in most states/territories
19 in Nebraska
21 in Mississippi

21 in Puerto Rico

Varies by state The minimum marriageable age requirements of 12 years old for females and 14 years old for males were written into English civil law. By default, these provisions became the minimum marriage ages in colonial America. English common law inherited from the British remained in force in America unless a specific state law was enacted to replace them. In the United States, as in most developed countries, age restrictions have been revised upward so that they are now between 15 and 21 years of age. [13]

Minors under 18 cannot marry in the states of New York State, Pennsylvania, New Jersey, Delaware, Minnesota, Rhode Island, Connecticut, Massachusetts, Virginia, New Hampshire, Washington State, Michigan and Vermont under any circumstance. This also holds true for the territories of the U.S. Virgin Islands and American Samoa.

Flag of Uruguay.svg  Uruguay 1816– [140] [141]
Flag of Venezuela.svg  Venezuela 1816Articles 18, 46, 59–65 of the Civil Code, [142] decision of the Supreme Tribunal of Justice. [143]

Asia

CountryWithout parental or judicial consentWith parental consentWith judicial consentNotes
MaleFemaleMaleFemaleMaleFemale
Flag of the Taliban.svg  Afghanistan Puberty [144]
Flag of Armenia.svg  Armenia 18The age was set at 18 for both sexes in 2012, [145] prior to that date it was 17 for females and 18 for males. [146] On June 7, 2024, the law on marriage exceptions was repealed. [147] Previously, marriage at the age of 17 was permitted with the consent of the parents, and at the age of 16 - with the consent of the parents and provided that the other willing spouse had reached the age of at least 18 years. [148]
Flag of Azerbaijan.svg  Azerbaijan 18The marriageable age for females was raised to 18 in 2011, equalizing it to that of males; prior to that date, it was set at 17 years. [149] On June 11, 2024, the law on marriage exceptions was repealed. [150] Previously, marriage at 17 years was permitted in special cases with judicial authorization according to Article 10 of the Family Code. [151]
Flag of Bangladesh.svg  Bangladesh 2118NoneBangladeshi law provides penal sanctions for the contraction of under-age marriages, although such unions are not considered invalid. [152] Despite the law, child marriage rates in Bangladesh are among the highest in the world. Every 2 out of 3 marriages involve child marriages. [153]
Flag of Bhutan.svg  Bhutan 18 [154]
Flag of Brunei.svg  Brunei 1814 [155] Minimum legal age for marriage without parental consent varies across states/provinces, ethnic groups, religious groups or forms of marriage. [156]
Flag of Cambodia.svg  Cambodia 18 [157]
Flag of the People's Republic of China.svg  China 22202220–China is the only country to have the highest set marriageable age for men. [158]
The sign painted on a building in a village in Hubei, China, informs of the marriageable age in the country (22 for men, 20 for women). Tongshan-County-village-house-9886.jpg
The sign painted on a building in a village in Hubei, China, informs of the marriageable age in the country (22 for men, 20 for women).
Flag of Cyprus.svg  Cyprus 181616 with parental consent, if there are serious reasons for the marriage. [159] [160]
Flag of East Timor.svg  East Timor 1716– [161]
Flag of Georgia.svg  Georgia 18Since 2017, marriage under 18 is prohibited. [162]
Flag of Hong Kong.svg  Hong Kong 2116– [163]
Flag of India.svg  India 2118-The Prohibition of Child Marriage Act, 2006 (PCMA) provides that the minimum age of marriage is 21 years in case of males, and 18 years in case of females. [164] [165]

On 30 November 2022, The High court of Jharkhand reported that a Muslim Woman can marry a person of her choice after attaining 15 years. [166]

Flag of Indonesia.svg  Indonesia 2119NoneThe 2019 Revision of the Marriage Law (1974) raised the marriage age for female from 16 to 19 years, equalizing it to that of males. However, grooms and brides under the age of 21 are required to get their parents' permission before marriage. While parents can ask the court to grant permission in the case of the grooms or the brides

under the age of 19, the revision stipulated that the court can grant such permission only if there are urgent reasons as well as supporting evidences to back them. The law revision also stresses that the court must consider the spirit of preventing child marriage, as well as moral, religious, cultural, psychological, and health considerations before granting the permission. [167]

Flag of Iran.svg  Iran 18151513None [168] [169] Ways around these regulations include temporary marriages (Nikah mut'ah). [170] With the permission of a court girls may marry at a younger age. In 2010 as many as 42,000 children aged between 10 and 14 years were married, [171] and 716 girls younger than 10 had wed. [172]
Flag of Iraq.svg  Iraq 18915 with judicial permission if fitness, physical capacity and guardian's consent (or unreasonable objection on part of guardian) are established. (These rules may have been revised after Saddam Hussein's fall.[ citation needed ]) [173] On 9 August 2024, parliament approved to lower the age of consent from 15 to 9.
Flag of Israel.svg  Israel 1816Minimum marriageable age increased from 17 to 18 years in November 2013. Family courts are able to recognise marriage for 16 years and above in special cases. [174]
Flag of Japan.svg  Japan 18– [175]
Flag of Jordan.svg  Jordan 18The legal minimum age to marry in Jordan is 18, with no restrictions, but is set at 15 years with parental/guardian consent, for both males and females.
Flag of Kazakhstan.svg  Kazakhstan 181716 [176]
Flag of Kuwait.svg  Kuwait 1715–[ citation needed ]
Flag of Kyrgyzstan.svg  Kyrgyzstan 1817Local self-government agencies may, at the request of the parties entering the marriage, provided that justifiable reasons exist, lower the marriage age. The marriage age may not be lowered by more than 1 year. [177]
Flag of Laos.svg  Laos 1815– [178]
Flag of Lebanon.svg  Lebanon 181717151514 [179] 18 or 17 years and 16 or 15 years with judicial permission for Druze. [180]
Flag of Macau.svg  Macau 1816Articles 1478, 1479 and 1482 of the Civil Code.
Flag of Malaysia.svg  Malaysia 211816A special marriage licence granted by the Chief Minister must be obtained for female sixteen (16) years and above but under the age of eighteen (18) years. [181]
Flag of Maldives.svg  Maldives 1816According to custom, the minimum age for marriage is 15 years. The Law on the Protection of the Rights of the Child discourages marriage before the age of 16. [182]
Flag of Mongolia.svg  Mongolia 1816Under the Family Law 1999, Art. 9.1.2 the minimum legal age of marriage is 18 years.

However, the next article allows persons between the ages of 16–18 to be married if they have been “commissioned the right of full legal capacity” in accordance to the Civil Code.

Flag of Myanmar.svg  Myanmar 181818– [183]
Flag of Nepal.svg    Nepal 2020–(Civil Code 2017, Section 70 and 71) Marriage may be concluded if both have attained twenty years of age.

Notwithstanding anything contained in clause (b) of sub-section (1), nothing shall bar the conclusion, or causing the conclusion of, a marriage within the relationship that is allowed to marry in accordance with the practices prevailing in their ethnic community or clan. [184]

Flag of North Korea.svg  North Korea 18171817– [185]
Flag of Oman.svg  Oman 18While the legal minimum age is 18, "custom still recognises marriages below the age of 18". [186]
Flag of Pakistan.svg  Pakistan 1816/18, depending on the province. 18 in Punjab and Sindh. [187] [188] 1816/18–Despite the law [189] against child marriage, the practice is widespread. According to two 2013 reports, nearly 20% of all marriages in Pakistan involve girls less than 18 years old. [190] [191] However, in Punjab and Sindh, severe punishments are given for marriages before the age of 18. [192] [193]
Flag of Palestine.svg  Palestine 18NoneSince 2019 marriage below 18 years is allowed only with religious court permission. [194]
Flag of the Philippines.svg  Philippines 2118– [195] [196]
Flag of Qatar.svg  Qatar 1816NoneNo minimum age for marriage with parental consent, and permitted only when in conformity with religious and cultural norms and with permission of a competent court. [197]
Flag of Saudi Arabia.svg  Saudi Arabia 1815 [198]
Flag of Singapore.svg  Singapore 2118None
Flag of South Korea.svg  South Korea 1918–
Flag of Sri Lanka.svg  Sri Lanka 18However, the parties must have a Qadi's permission to marry before contracting into marriage if they are Muslims. [199]
Flag of Syria.svg  Syria 18Thomson Reuters Foundation notes that child marriage occurs from 13 years. [200]
Flag of the Republic of China.svg  Taiwan 18––Starting 1 January 2023, the legal age of adulthood was lowered from 20 to 18 years; in the same amendment, the marriageable age was also increased to 18 years in order to be consistent with the legal age of adulthood. Therefore the case of marriage with parental consent no longer exists. [201] [202]
Flag of Tajikistan.svg  Tajikistan 1817– [203]
Flag of Thailand.svg  Thailand 2017– [204]
Flag of Turkey.svg  Turkey 181716 [205]
Flag of Turkmenistan.svg  Turkmenistan 18 [206]
Flag of the United Arab Emirates.svg  United Arab Emirates 18NoneMature minors allowed to marry with judicial permission. [207]
Flag of Uzbekistan.svg  Uzbekistan 181817 [208]
Flag of Vietnam.svg  Vietnam 20182018None [209] [210]
Flag of Yemen.svg  Yemen 15NoneHRW notes no legal minimum age for marriage under Yemeni law, and UNSD notes that child marriage is permitted where "such marriage will entail some clear benefit." [211]

Europe

The marriageable age as a right is 18 years in all European countries, with the exception of Andorra and Scotland where it is 16 (regardless of gender). Existing exceptions to this general rule (usually requiring special judicial or parental consent) are discussed below. In both the European Union and the Council of Europe the marriage act states: The Istanbul convention, the first legally binding instrument in Europe in the field of violence against women and domestic violence, [212] only requires countries which ratify it to prohibit forced marriage (Article 37) and to ensure that forced marriages can be easily voided without further victimization (Article 32), but does not make any reference to a minimum age of marriage.

CountryWithout parental or judicial consentWith parental consentWith judicial consentNotes
MaleFemaleMaleFemaleMaleFemale
Flag of Albania.svg  Albania 18 [213] [214]
Flag of Andorra.svg  Andorra 18 [215]
Flag of Austria.svg  Austria 1816The court does not only give consent, It also requires the parents' consent, with exception if they have no serious reasons for their refuse; Marriage Act, § 1
Flag of Belarus.svg  Belarus 18 [216]
Flag of Belgium (civil).svg  Belgium 18NoneWith parental consent, serious reasons are required for a minor to marry; without parental consent, the unwillingness of the parents has to constitute an abuse. [217]
Flag of Bosnia and Herzegovina.svg  Bosnia and Herzegovina 1816In both entities and the Brčko District. [218] [219] [220]
Flag of Bulgaria.svg  Bulgaria 1816The new 2009 Family Code fixes the age at 18, but allows for an exception for 16 years olds, stating that "Upon exception, important reasons impose this. Matrimony may be concluded by a person at the age of 16 with permission by the regional judge". It further states that both persons wanting to marry, as well as the parents/guardians of the minor, must be consulted by the judge. (Chapter 2, Article 6) [221]
Flag of Croatia.svg  Croatia 1816Croatian Family Act, Article 25
Flag of the Czech Republic.svg  Czech Republic 1816Article 672 of Act No. 89/2012 Coll. the Civil Code (which came into force in 2014) states that the court may, in exceptional cases, allow a marriage of a 16 year old, if there are serious reasons for it. [222] Moreover, a minor can marry if he or she has been granted full capacity by a court decision as given by Article 37 of the Civil Code.
Flag of Denmark.svg  Denmark 18 [223]
Flag of Estonia.svg  Estonia 18Since 2022, marriage under 18 is prohibited. [224] [225]
Flag of Finland.svg  Finland 18In Finland, all marriages under 18 years is completely legally banned with no exemptions since June 1, 2019. [43]
Flag of France.svg  France 1816Under 18, permission from a court or one parent. In France the legal age for marriage was equalized for both sexes at 18 in 2006, [226] but in exceptional cases a court may allow marriage at younger ages. [227]
Flag of Germany.svg  Germany 18The minimum age was explicitly set to 18 on July 22, 2017. [228] (Before this day, a Family Court could issue an exception for 16–18 year-olds if one party was over 18.) Marriages with a spouse under 16 are legally void. For a 16–17 year old spouse the marriage is repealed. [229] [230]
Flag of Gibraltar.svg  Gibraltar 18
Flag of Greece.svg  Greece 18NoneUnder 18 requires court permission, which may be given if there are serious reasons for such a marriage. [159] [231]
Flag of Hungary.svg  Hungary 181616 years with authorization from the guardianship authority. [232]
Flag of Iceland.svg  Iceland 18Since 2022, marriage under 18 is prohibited. [233]
Flag of Ireland.svg  Ireland 18Since 2019, marriage under 18 is prohibited. [234]
Flag of Italy.svg  Italy 1816
Flag of Latvia.svg  Latvia 1816
Flag of Liechtenstein.svg  Liechtenstein 18None [235]
Flag of Lithuania.svg  Lithuania 1815NoneMinors can only marry below 15 years with court permission if they are pregnant females. [236]
Flag of Luxembourg.svg  Luxembourg 18NoneNew laws of 2014 fixed the marriageable age at 18 years for both sexes; prior to these regulations, the age was 16 for females and 18 for males. The new laws still allow both sexes to obtain judicial consent to get married under 18. [237]
Flag of Malta.svg  Malta 181616 years with parental consent, specifically for "a person who is subject to paternal authority or to tutorship". (However if this is unattainable, the court can provide the consent.) [238]
Flag of Moldova.svg  Moldova 181616 years if there are valid reasons with both judicial and parental permission. [239]
Flag of Montenegro.svg  Montenegro 1816 [240]
Flag of the Netherlands.svg  Netherlands 18Marriage under 18 is prohibited. Exceptions were removed by a change in the law in 2015. [241]
Flag of North Macedonia.svg  North Macedonia 181616 years with court approval for male and female, their consent and their parents' consent is needed.
Flag of Norway.svg  Norway 181616 years with consent from parents (guardian) and permission from the County Governor. The County Governor may only give permission when there are 'special reasons for contracting a marriage'. [242] [243] In 2018, the unicameral Parliament of Norway passed a bill on the first reading to ban all child marriage under 18 years with no exemptions at all. The bill has to again pass the second reading before it can get royal assent by the King of Norway to go into law. [244] [245]
Flag of Poland.svg  Poland 1816Article 10. §1. No one under the age of eighteen can enter into marriage. However, if there are important reasons, the guardianship court may permit a woman who has reached the age of sixteen to marry where the circumstances show that the marriage would be in the best interests of the newly established family. [246]
Flag of Portugal.svg  Portugal 1816
Flag of Romania.svg  Romania 181616, if there are valid reasons, with both judicial and parental permission, as well as medical approval. [247]
Flag of Russia.svg  Russia 1816, only for justifiable reasons, such as pregnancyUnder 16 years in special circumstances, but different rules apply in some regions. [248] [249]
Flag of San Marino.svg  San Marino 1816 [250]
Flag of Serbia.svg  Serbia 1816
Flag of Slovakia.svg  Slovakia 181616 years with court consent, with a serious reason such as pregnancy.[ citation needed ]
Flag of Slovenia.svg  Slovenia 18NoneUnder 18 years may be approved by the Social Work Center if there are "well founded reasons" arising upon investigation of the situation of the minor. (Art 23, 24 of the Law on Marriage and Family Relations). [251]
Flag of Spain.svg  Spain 1816 [252]
Flag of Sweden.svg  Sweden 18Not possible to marry under the age of 18 since July 1, 2014. [253]
Flag of Switzerland (Pantone).svg   Switzerland 18To be able to marry, the prospective spouses must have reached 18 years of age and have the capacity of judgement. [254]
Flag of Ukraine.svg  Ukraine 1816In[ permanent dead link ‍] 2012 the Family Code of Ukraine was amended to allow persons aged 16 to marry under certain circumstances if issued by a court (article 23). [255]
Flag of the United Kingdom.svg  United Kingdom 18 in most jurisdictions
16 in Scotland 		See notes

Flag of England.svgFlag of Wales (1959-present).svg England and Wales: 18 [256]

Flag of Scotland.svg  Scotland: 16 [257]

Flag of the United Kingdom.svg Northern Ireland: 16 years with parental consent (with the court able to give consent in some cases). [258]

Oceania

CountryWithout parental or judicial consentWith parental consentWith judicial consentNotes
MaleFemaleMaleFemaleMaleFemale
Flag of Australia (converted).svg  Australia 181616 years with permission from a court and both parents (only granted in exceptional circumstances). [259] Also in its external territories.
Flag of Fiji.svg  Fiji 1816– [260]
Flag of Kiribati.svg  Kiribati 2118– [261]
Flag of the Federated States of Micronesia.svg  Micronesia 181816– [262]
Flag of Nauru.svg  Nauru 18– [263]
Flag of New Zealand.svg  New Zealand 181616 years with permission from a court and both parents. [264] [265]
Flag of Niue.svg  Niue 21191815– [266]
Flag of Palau.svg  Palau 18161816– [267]
Flag of Papua New Guinea.svg  Papua New Guinea 21 [268]
Flag of Samoa.svg  Samoa 21191816– [269]
Flag of the Solomon Islands.svg  Solomon Islands 1815– [270]
Flag of Tonga.svg  Tonga 1816– [271]
Flag of Tokelau.svg  Tokelau 21191816– [272]
Flag of Tuvalu.svg  Tuvalu 2116– [273]
Flag of Vanuatu.svg  Vanuatu 2118– [274]

By religion

Judaism

Classical Antiquity

In ancient Israel men twenty years old and older would become warriors [275] and when they get married they would get one year leave of absence to be with their wife. [276]

Rabbis estimated the age of maturity from about the beginning of the thirteenth year for women and about the beginning of the fourteenth year for men. [277]

On the practice of Levirate marriage, the Talmud advised against a large age gap between a man and his brother's widow. [278] A younger woman marrying a significantly older man, however, is especially problematic: marrying one's young daughter to an old man was declared by the Sanhedrin as reprehensible as forcing her into prostitution. [279]

Post-Classical period

In Rabbinic Judaism, males cannot consent to marriage until they reach the age of 13 years and a day and have undergone puberty and females cannot consent to marriage until they reach the age of 12 years and a day and have undergone puberty. Males and females are considered minors until the age of twenty. After twenty, males are not considered adults if they show signs of impotence. If males show no signs of puberty or do show impotence, they automatically become adults by age 35 and can marry. [280] [281] Marriage involved a double ceremony, which included the formal betrothal and wedding rites. [282]

The minimum age for marriage was 13 years old for males and 12 years old for females but formal betrothal could take place before that and often did. Talmud advises males to get married at 18 years old or between 16 years old and 24 years old. [283]

A ketannah (literally meaning "little [one]") was any girl between the age of 3 years and that of 12 years plus one day; [284] she was subject to her father's authority, and he could arrange a marriage for her without her agreement, and that marriage remains binding even after reaching the age of maturity. [284] If a girl was orphaned from her father, or she was married by his authority and subsequently divorced, she, her mother, or her brother could marry her in a quasi-binding fashion. Until the age of maturity, she could annul the marriage retroactively. After reaching the age of maturity, intercourse with her husband renders her officially married. [285] [286]

Modern period

Jewish people follow the law of the land that they live in. In modern Israel, the general age for marriage is 18 years old for males and females but with judicial consent 16 year old males and females can marry.[ citation needed ]

Christianity

Catholic canon law adopted Roman law, which set the minimum age of marriage at 12 years old for females and 14 years old for males. The Roman Catholic Church raised the minimum age of marriage to 14 years old for females and to 16 years old for males in 1917 and lowered the age of majority to 18 years old in 1983. The Code of Canons of the Eastern Churches states the same requirements in canon 800.

blankWithout parental or ordinary officer consentWith parental consentWith ordinary officer consentNotes
Male consentFemale consentMale consentFemale consentMale consentFemale consent
Roman Catholic Church 181816141614The minimum ages of consent for marriage in the Catholic Church are 14 for girls and 16 for boys. Being underage constitutes a diriment impediment. That is, a marriage involving an underage bride or groom is canonically invalid. A Conference of Bishops may adopt a higher age for marriage, but in that case, the higher age only creates a prohibitive impediment, that is, a marriage involving a bride or groom above the Church's minimum age but below that set by the Conference is valid but illicit . Permission to marry against a civil authority's directive requires the permission of the Ordinary, which, in the case of sensible and equal laws regarding marriage age, is not usually granted. The permission by the Ordinary is also required in case of a marriage of a minor when their parents are unaware of his marriage or if their parents reasonably oppose the marriage. [287]

Higher ages set by Conferences of Bishops

Male consentFemale consentNotes
Canada 18 [288]
England and Wales 16 [289]
Gambia 1816 [290]
Liberia 1816 [290]
New Zealand 16 [288]
Nigeria see noteEach bishop has the authority to set a higher prohibitive minimum age. [291]
Philippines 2118 [292]
Sierra Leone 1816 [290]

Islam

Golden age

Hanafi school of classical Islamic jurisprudence interpret the "age of marriage", in the Quran (24:59;65:4), as the beginning of puberty; that is 10–11 years old.

Male consentFemale consentNotes
Hanafi 1210 Sunni

Marriages were traditionally contracted by the father or guardian of the bride and her intended husband. [282]

Shafiʽi, Hanbali, Ja'fari and Maliki schools of classical Islamic jurisprudence interpret the "age of marriage", in the Quran (24:59), as completion of puberty; that is 14/15–17 years. For Shafiʽi, Hanbali, and Maliki schools of Islamic jurisprudence, in Sunni Islam, the condition for marriage is physical (bulugh) maturity and mental (rushd) maturity.

Male consentFemale consentNotes
Shafiʽi 16Sunni
Hanbali 15Sunni
Maliki 17Sunni
Ja'fari1514Shia

Büchler and Schlater state that "marriageable age according to classical Islamic law coincides with the occurrence of puberty. The notion of puberty refers to signs of physical maturity such as the emission of semen or the onset of menstruation". [293]

In his Shafiʽi jurisprudential compilation, The Stocks of the Sojourner, Ahmad Ibn Naqib Al-Misri (died 1368 A.D.) writes:

Guardians are, moreover, two types, a binder and a non-binder. The binder is the father and the grandfather, mainly as to the marriage of a virgin, and so is the master as to the marriage of his slave girl. The meaning of "binder" is that he may marry her off without her consent. The non-binder may not marry her off without her consent and permission. When virgin, though, the father or the grandfather may marry her off without her permission, but it is commendable to ask her, and her silence should signify acquiescence. The sane-minded non-virgin, however, may not be married off by anyone after maturity unless with her express consent, be it by the father, the grandfather, or anyone else. Before maturity, the non-virgin may not be married off at all. [294]

Modern period

Marriages are traditionally contracted by the father or guardian of the bride and her intended husband. [282]

The 1917 codification of Islamic family law in the Ottoman empire distinguished between the age of competence for marriage, which was set at 18 years for boys and 17 years for girls, and the minimum age for marriage, which followed the traditional Hanafi minimum ages of 12 for boys and 9 for girls. Marriage below the age of competence was permissible only if proof of sexual maturity was accepted in court, while marriage under the minimum age was forbidden.

During the 20th century, most countries in the Middle East followed the Ottoman precedent in defining the age of competence, while raising the minimum age to 15 or 16 for boys and 15–16 for girls. Marriage below the age of competence is subject to approval by a judge and the legal guardian of the child. Egypt diverged from this pattern by setting the age limits of 18 years for boys and 16 years for girls, without a distinction between competence for marriage and minimum age. [295]

Many senior clerics in Saudi Arabia have opposed setting a minimum age for marriage, arguing that a girl reaches adulthood at puberty. [296]

However in 2019, members of the Saudi Shoura Council in 2019 approved fresh regulations for child marriage that will see to outlaw marrying off 15-year-old children and force the need for court approval for those under 18 years. The Chairman of the Human Rights Committee at the Shoura Council, Dr. Hadi Al-Yami, said that introduced controls were based on in-depth studies presented to the body. He pointed out that the regulation, vetted by the Islamic Affairs Committee at the Shoura Council, has raised the age of marriage to 18 years and prohibited it for those under 15 years. [297]

Baháʼí Faith

In the Baháʼí Faith's religious book Kitáb-i-Aqdas, the age of marriage is set at 15 years for both boys and girls. It is forbidden to become engaged before the age of 15 years. [298]

Indian religions

The Dharmaśāstras state that females can marry only after they have reached puberty. [299] Furthermore, The Legal Age for Marriage in India is being proposed to be amended, thereby increasing the marriage age for girls in India in 2022 from 18 to 21 years. [164]

See also

Related Research Articles

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UNICEF's Early Marriage: A Harmful Traditional Practice report characterizes child marriage as a harmful institution that often exposes young women in developing nations to damaging domestic, health, and sexual conditions. The report also highlights the practice as a human rights violation. In World Vision's "Before She's Ready: 15 Places Girls Marry by 15", the organization highlights the socioeconomic consequences of child marriage on girls, noting that many girls are forced to stop their schooling as a result of their marriages. With the denial of education, girl brides are often not able to make income as adults or become politically active citizens.

References

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