Child Marriage: Disagreements among Sharia Law, National Laws and International Framework

Abstract

Child marriage is a gross violation of the rights of the child because it takes place against their will. Bangladesh has a number of child marriage prohibition laws and the purpose of that laws is to prevent child marriage. In some parts of these laws there is some disagreement with the Muslim personal law about child marriage because Muslim personal law directly and indirectly allows child marriage. These laws have some gaps in themselves. For example, the child marriage restraint act 2017.It contains a special provision child marriage is permitted under special circumstances with the consent of the legal guardian and the court for the welfare of the child. However, this section does not define what these specifics are circumstances and does not provide a standard for measuring the best interests of the child. It appears that this passage indirectly encourages child marriage rather than taking place prevent it. There are also some disagreements between Muslim personal law and some international convention. various international conventions are working to protect the interests of the child. Child marriage provides various barriers to the protection of the child's interests. based on primary and secondary information, this is qualitative research. This research paper analyzes the rationale for legalizing child marriage in Muslim personal law and also and analyzes where Muslim national law differs from Bangladesh's national law and international conventions. This research examines the international responsibility of Bangladesh in the light of child marriage.