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Marriageable age or marriage age is the minimum age at which a person is allowed by law to marry , either as a right or subject to parental, judicial or other forms of approval. Age and other prerequisites to marriage vary between jurisdictions, but marriage age is often set at Until recently, the marriageable age for women was lower in many jurisdictions than for men, but in many places has now been raised to those of men. Most jurisdictions allow marriage at a younger age with parental or judicial approval, and some also allow younger people to marry if the female is pregnant.
The marriage age should not be confused with the age of majority or the age of consent , though in some places they may be the same. In many developing countries, the official age prescriptions stand as mere guidelines. In some societies, a marriage by a person below the age of 21 is regarded as a child marriage. 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 parties to the Supplementary Convention on the Abolition of Slavery have agreed to adopt a minimum age for marriage.
Historically, the age of consent for a sexual union was determined by tribal custom, or was a matter for families to decide. In most cases, this coincided with signs of puberty: In Jewish oral tradition, men cannot consent to marriage until they reach the age of majority of 13 years and one day and have undergone puberty. With no signs of puberty, they are considered minors until the age of twenty.
After twenty, they are not considered adults if they show signs of impotence. If they show no signs of puberty or do show impotence, they automatically become adults by age 35 and can marry. The same rules apply to women, except their age of majority is 12 years and a day. In Ancient Rome, it was very common for girls to marry and have children shortly after the onset of puberty. Roman law required brides to be at least 12 years old. In the 12th century, the Catholic Church drastically changed legal standards for marital consent by allowing daughters over 12 and sons over 14 to marry without their parents' approval, even if their marriage was made clandestinely.
In western Europe , the rise of Christianity 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 Church prohibited consanguineous marriages, a marriage pattern that had been a means to maintain clans and thus their power throughout history.
After the Fall of the Western 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 Church and State had become allies in erasing the solidarity and thus the political power of the clans; the 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.
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 delay marriage were presumably rewarded by the landlord and those who did not were presumably denied that reward. In medieval Eastern Europe , on the other hand, the Slavic traditions of patrilocality of early and universal marriage usually of a bride aged 12—15 years, with menarche occurring on average at 14 lingered;  the manorial system had yet to penetrate into eastern Europe and had generally had less effect on clan systems there; and the bans on cross-cousin marriages had not been firmly enforced.
The first recorded age-of-consent law dates back years. In , in England, as part of the rape law, the Statute of Westminster , made it a misdemeanour to "ravish" 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.
Some authorities claimed that consent could take place earlier. Marriage would then be valid as long as neither of the two parties annulled the marital agreement before reaching puberty, and the marriage had not already been consummated. Gratian noted that "If one over the age of seven takes a prepubescent wife of less than seven and transfers her to his house, such a contract gives rise to the impediment of public propriety".
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. However, marriage in Scotland at such young ages was in practice almost unknown.
In most of Northwestern Europe , marriage at very early ages was rare. One thousand marriage certificates from to 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 brides were at least 19 years old. For the grooms 24 years was the most common age, with average ages of 24 years for the brides and 27 for the grooms.
The American colonies followed the English tradition, but the law was more of a guide. Sir Edward Coke England, 17th century made it clear that "the marriage of girls under 12 was normal, and the age at which a girl who was a wife was eligible for a dower from her husband's estate was 9 even though her husband be only four years old".
In England, for example, the only reliable data on age at marriage in the early modern period come from records relating only to those who left property after their death. Not only were the records relatively rare, but not all bothered to record the participants' ages, and it seems that the more complete the records are, the more likely they are to reveal young marriages, giving a biased sample.
Additionally, 20th- and 21st-century historians have sometimes shown reluctance to accept data regarding a young age of marriage, and would instead explain the data away as a misreading by a later copier of the records. In France, until the French Revolution , the marriageable age was 12 years for girls and 14 for boys. Revolutionary legislation in increased the age to 13 years for girls and 15 for boys.
Under the Napoleonic Code in , the marriageable age was set at 15 years for girls and 18 for boys. In jurisdictions where the ages are not the same, the marriageable age for girls is more commonly two or three years lower than that for boys. In the majority of countries the marriageable age as a right is However, most of these countries have exceptions for minors, usually requiring parental or judicial authorization. These exceptions vary considerably by country.
The United Nations Population Fund stated the following: In , 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 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 countries. Additionally, in 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 , Denmark , Germany , Luxembourg , Spain Many developing countries have also enacted similar laws in recent years: In the US, the lax child marriage laws that exist in many states have attracted international attention. In Western countries, marriages of teenagers have become rare in recent years, with their frequency having rapidly declined during the past few decades.
For instance, in Finland, where underage youth can obtain a special judicial authorization to marry, there are only 30—40 such marriages per year in the early 21st century with most of the spouses being aged 17 , while in the early s, more than underage marriages were registered each year.
The marriage age as a right is usually the same with the age of majority which is 18 in most countries. However, in some countries the age of majority is under 18, while in others it is 19, 20 or 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 , and marriage under 19 in these provinces requires parental or court consent see Marriage in Canada.
In many jurisdictions, by marriage minors become legally emancipated. The marriageable age as a right is 18 in all European countries, with the exception of Andorra and Scotland where it is 16 for both sexes. 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 marriageable age falls within the jurisdiction of individual member states.
The Istanbul convention , the first legally binding instrument in Europe in the field of violence against women and domestic violence,  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.
In Quran, the "age of marriage" coincides with puberty. Classical Islamic law Sharia does not have a marriageable age because there is no minimum age at which puberty can occur. In Islam there is no set age for marriage, the condition is physical bulugh maturity and mental rushd maturity. So the age is variable. The Islamic Prophet Muhammad, who is said to serve as a role model al-uswatu'l-hasana for every Muslim, is reported by Sunni Hadith sources to have married Aisha when she was six or seven years old, with the marriage consummated when she was nine years old or according to some sources ten years old and he was 54 years old.
The notion of puberty refers to signs of physical maturity such as the emission of semen or the onset of menstruation" , but then claim the schools of Islamic jurisprudence madhaahib set the following marriageable ages for men and women.
The Reliance of the Traveller , frequently considered the definitive summary of Shafi'i jurisprudence, states in the chapter on marriage as follows:. However, Shaf'i jurisprudence is contradicted by hadith from Bukhari which states that a marriage is impossible without the consent of the girl. In relation to proposed Saudi marriage reforms in , it was observed that "although girls can marry even before reaching puberty, they cannot terminate the wedding contracts according to the Hanbali legal school, one of four major schools in Sunni Islam, which gives complete control over the female to the male guardian".
The Manu Smriti recommends arranged marriages for girls before they are 12 years old. If the girl is unmarried for 3 years after the appearance of puberty after 12 years and 8 months , then in the 4th year at 16 she is to look for a husband herself. The Manu Smriti states that a 30 year old man is to marry a 12 year old maiden virgin woman or a 24 year old man is to marry an 8 year old girl child if the duties of the man would be impeded. From Wikipedia, the free encyclopedia. Part of the Politics series on Youth rights Activities.
Dagenhart History of youth rights in the United States Morse v. Adam Fletcher activist David J. Males Neil Postman Sonia Yaco. Age of majority and Minor law. A brief outline of roman law. Sheehan, "The formation and stability of marriage in fourteenth century England" Medieval Studies 33 — Archived from the original PDF on Retrieved 28 July The Ties That Bound: Sex and Society in the World of the Orthodox Slavs, University of Chicago Press. Archived from the original on The World We Have Lost.
New York, New York: Viking Press, Penguin Group Inc. Antigua and Barbuda" PDF. Archived from the original on 8 January
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