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V Article 15. Essential Requisites. -
No marriage contract shall be
perfected unless the following
essential requisites are complied
with:
M
  
   

 

M
    



Mc) Offer Mijab) and acceptance Mgabul)
duly witnessed by at least two
competent persons after the proper
guardian in marriage Mwali) has given
his consent
Md) Stipulation of customary dower Mmahr)
duly witnessed by two persons.



 


 






M1) Any Muslim male at least fifteen years of age and any Muslim
female of the age of puberty or upwards and not suffering from any
impediment under the provisions of this Code may contract
marriage. A female is presumed to have attained puberty upon
reaching the age of fifteen.

M ) However, the Shari'a District Court may, upon petition of a proper

wali, order the solemnization of the marriage of a female who though
less than fifteen but not below twelve years of age, has attained
puberty.

M
) Marriage through a wali by a minor below the prescribed ages shall
be regarded as betrothal and may be annulled upon the petition of
either party within four years after attaining the age of puberty,
provided no voluntary cohabitation has taken place and the wali who
contracted the marriage was other than the father or paternal
grandfather.
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Any Muslim   at least fifteen
years of age and any Muslim  
of the age of puberty or upwards and
not suffering from any impediment
under the provisions of this Code
may contract marriage.

A female is presumed to have

attained puberty upon reaching the
age of fifteen.
 6nder the Family Code:

V 18 years or older, not under any of the

impediments Mincestuous or against public
policy), Art. 5
V 18- 1 yrs. old need parental consent, Art. 14
V 1- 5 yrs. old need parental advice, Art. 15
 MALE: at least
fifteen years old
FEMALE: as soon as
she menstruates or in
the absence of evidence
of puberty, upon
reaching 15 years old
 

 
 
 




Œes. The Shari'a District
Court may, upon petition of
a proper wali, order the
solemnization of the
marriage of a female who
though less than fifteen but
not below twelve years of
age, has attained puberty.
V Art. 79. Guardian for marriage Mwali). - The
following persons shall have authority to act
as guardian for marriage Mwali) in the order of
precedence:
Ma) Father;
Mb) Paternal grandfather;
Mc) Brother and other paternal relatives;
Md) Paternal grandfather's executor or
nominee; or
Me) The court.
- 6nder Islamic Law, no particular age is specified
for marriage. The Qur¶an however alludes to the
marriageable age as being the age of majority.

And test the orphans Min your charge) until they reach a


   ; then, if you find them to be mature
in mind, hand over to them their possessions.
MAl-Qur¶an, Surah al-Nisa¶, 4:6)

- Since it is presumed that only when a person

attains the age of majority will he or she be
considered mentally matured, reaching the age of
puberty is considered as the marriageable age.
 D 
  

  

 

 


Marriage through a wali by a minor below the
prescribed ages shall be regarded as
betrothal and may be annulled:

© upon the petition of either party

© within four years after attaining the age of puberty
© no voluntary cohabitation has taken place
© the wali who contracted the marriage was other
than the father or paternal grandfather
 ÿ



V Guardian must 

 the court for authority
V Authority of the court must be attained 
 the
marriage
© otherwise the guardian may be liable for illegal solemnization
V Validity of the marriage is    by lack of court
authority since authority of the court is not an essential
requisite
© Option of Puberty or right to repudiate still exists
V Purpose of court authority: intended    the girl¶s
welfare by ascertaining that she has already attained
puberty which makes her fit for cohabitation and
procreation which are among the purposes of marriage
V Incumbent upon the
guardian to prove that the
girl has attained puberty
V If between 1 -15 years
old, but has NOT attained
puberty yet, she cannot be
contracted to marriage
MArabani)
V If below 1 years old, she
cannot be contracted to
marriage, whether or not
attained puberty Mvoid for
being contrary to law,
CMPL Art. 16)
 î !" 

ÿ  #
V Right of the minor boy and girl, who was contracted into
marriage by their guardian other than their father or
grandfather during their minority, to repudiate their marriage
© 6pon attaining puberty or 15 years old
© No cohabitation takes place
V Exercised by petition in court within 4 years after reaching
puberty or age of 15
V Marriage remains valid until court decrees dissolution of
marriage
© All legal incidents Mright to carnal relations, mutual
inheritance, unpaid dower, etc) arising from marriage arises

 $ %&
  

V Majority age = full
active legal capacity
© Capable of
contracting own
marriage
  $

V Thayibbah à woman who has
been married but was
divorced or widowed
© Can give consent to own
marriage without intervention
of guardian
V Virgin of sound mind and
majority age
© First view: can give consent
without intervention of
guardian
© Second view: cannot give
consent without intervention of
a guardian who must
exclusively utter words of
proposal and acceptance
One of the companions of the Prophet MSAW) told him one
day that he proposed to a girl. The Prophet MSAW) said,
³Have you seen her?´ He said, ³No´. He said to him, ³See
her. For this would bless your marriage with success´. The
same is true as far as the girl is concerned. The messenger
of Allah has given the girl the right to express her views on
the proposed person. He said, ³The permission of the virgin
is to be sought. And if she does not object, her silence is her
permission.´ As for the divorced or one who is widowed, no
one has a say with her. Mhttp://www.zawaj.com/tag/marriage-
in-islam/)
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a) Those contracted with. a female observing 'idda;
b) Those contracted contrary to Article
;
c) Those wherein the consent of either party is
vitiated by violence, intimidation, fraud, deceit or
misrepresentation;
d) Those contracted by a party in a condition of
death-illness Mmarad-ul-maut) without the same
being consummated;
e) Those contracted by a party in a state of ihra~m;
and
f) Mixed marriages not allowed under Islamic law.