Restrictions on what is permissible in the marriage of minors in Islamic Sharia and Libyan law (An analytical foundational study)

Abstract

This research addresses the issue of restricting permissible actions in the marriage of minors in Islamic jurisprudence and Libyan legislation. This issue arises from a conflict between the fundamental principle of permissibility on the one hand, and the requirements of legal regulation and the achievement of the public interest on the other. The research begins with a jurisprudential foundation for the concept of restricting permissible actions as a legitimate means of regulating permissible actions when achieving a benefit or averting harm, in light of the objectives of Islamic law and its overarching principles.

The research employs a comparative analytical approach by examining the opinions of jurists on the marriage of minors, analyzing relevant Libyan legal texts, and demonstrating their consistency with jurisprudential principles, particularly the principle of public interest, blocking the means to evil, and considering consequences.

The research concludes that the intervention of the guardian in regulating or restricting the marriage of minors does not constitute a departure from the principle of permissibility. Rather, it is an application of the principle of restricting permissible actions when it achieves a valid legal objective and is governed by the controls of Islamic law, thus achieving a balance between protecting the individual and the public interest.