Abstract

Marriage in Muslim law is a civil contract. It is the institution where by men and women are joined in a special kind of social and legal relationship for the purpose of having a family. It originates a legal relation, a partnership in in life, securing harmony, happiness, peace of mind. good fellowship and connubial relations between couple.” Marriage brings about a relation between a man and a woman, based of and arising from, a permanent contract for intercourse and procreation of children. It is recognized as the basis of human society.

Under Muslim law, every person who is of sound mind and who has attained puberty, has the capacity to enter into a contract of marriage. A minor person cannot marry without the consent and intervention of his or her guardian. A minor cannot possess sufficient understanding before attaining puberty, to comprehend the implications of a contract of marriage. For this reason a marriage contracted by a minor is not valid. A marriage contracted by a minor who has not attained the age of puberty or who does not possess understanding or who cannot comprehend the consequences of the contract is a mere nullity.” Nevertheless marriage of minors in Bangladesh is very much a common fact. In this context the present study will attempt to give a penpicture of the position of minors in marriage and examine the provisions of Muslim law and Statutory laws in Bangladesh.