Child marriage: Custom or crime?

By Anood Al-Sabah

KUWAIT: Within the complex fabric of Kuwait’s legal and social structure, one aspect that sparks considerable controversy is the provision that allows girls as young as 15 to get married. Ingrained in the country’s long-standing customs and traditions, this law contradicts the principles enshrined in the Kuwaiti constitution regarding fairness, freedom, equal rights, and safeguarding the welfare of its young citizens. Even though the constitution upholds families as foundational pillars of society, modern global perspectives, and a growing appreciation for safeguarding the youths through education challenge whether this marriage age aligns with Kuwait’s constitutional ideals.

In addressing any societal issue, it’s essential to appreciate the historical, cultural, and legal contexts that frame it. Article 9 affirms the family as the cornerstone of Kuwaiti society, emphasizing its foundation on religion, morality, and patriotism (Kuwait constitution). The decision to legalize marriages for 15-year-olds may be seen as an endeavor to guard cultural or religious customs that are deep rooted in Kuwait’s history. When viewed through this lens, the law appears to conform to the constitutional obligation of protecting the sanctity of the family and fortifying its bonds. However, numerous individuals raise doubts concerning whether a 15-year-old is suitable for entering into matrimony.

During an interview, Sara Al Ali, a mother of three, stated, "No, absolutely not; a girl at that age is still a child and needs time to develop and get a deeper understanding of life and what she wants. She should not be expected to handle these responsibilities, so the age should be 18 - minimum.” This perspective is rooted in concerns about young brides’ mental and emotional well-being.

Speaking to Kuwait Times, 23-years-old Lujain Al-Muhana stated, "If a law grants a 15-year-old girl’s eligibility for marriage, surely that decision will be made for her; the capacity of her understanding of this law is nonexistent, unless introduced at an even younger age which ultimately challenges the ethicality of this even more. This law masks many underlying consequences of marrying off girls in their early-middle years of adolescence. The probability of broken families will increase, the probability of higher levels of education being robbed will increase, and the probability of struggling to raise children due to the lack of skills and knowledge will increase. The assumption that younger girls can commit to not only a man, but potentially children during their own prime developmental years cannot be justified and will most likely induce trauma as opposed to the alternative.”

Youth protection is a prime concern in the nexus between societal well-being and individual rights. These concerns resonate in Article 10 (Youth Protection), which obligates the state to care for the young and protect them from exploitation and moral, physical, and spiritual neglect. Advancing beyond the immediate effects on individual growth and well-being, early marriages have the potential to limit the broader societal contributions that these young individuals can offer in the future.

In a rapidly evolving world where holistic education and personal autonomy hold increasing importance, coercing young girls into assuming marital responsibilities can hinder their progress. Additionally, there is considerable debate surrounding whether a 15-year-old possesses the emotional and psychological preparedness necessary to navigate the complex terrain of marital relationships; thus, it becomes imperative to question whether marriage at such a tender age aligns with this level of commitment – particularly when considering the consequential responsibilities and pressures commonly associated with married life.

In a time where society acknowledges education as a vital tool for empowerment and progress, the prospect of hindrance in this journey for young girls sparks unease. Article 13 (Education) and Article 40 (Compulsory and Free Education) underline the significance of education as a requisite for societal progress (Kuwait Constitution).

Early marriage could interfere with the educational paths of 15-year-old girls. Aside from potential individual consequences, such a practice might have broader implications for achieving national objectives like eliminating illiteracy and promoting economic growth, as Article 20 (Kuwait Constitution) emphasized. This situation brings up queries about how well traditional customs align with contemporary Kuwaiti society’s changing desires and requirements.

Ensuring the well-being and progress of society necessitates placing individual rights at the core of any democratic system. The broader implications of this law can also be viewed through the lens of Article 6 and Article 8 of Kuwait constitution. The constitution’s democratic underpinnings center on the notion that ultimate authority lies with the people and it is the responsibility of the state to protect the well-being, serenity, and equitable opportunities of its populace.

With marriage bringing immense transformations and obligations, some may contend that allowing girls as young as 15 to make this choice could potentially hinder their access to certain opportunities, thus impinging upon principles of fairness. In a country striving to blend tradition with modern progressiveness, such intricacies in legislation warrant thoughtful introspection and examination.

Social implications

Traditional customs and practices, deeply rooted in centuries of cultural progression, greatly influence the formation of legal frameworks. Throughout history, young marriages were not uncommon. Occurring in Kuwait and various parts of the globe, these unions often hinged on social, economic, or political motivations.

Nevertheless, akin to any society that evolves with time, public perspectives and awareness around early marriages have also shifted within Kuwait. The prevailing global tendency leans towards elevating the age at which individuals enter matrimony, prioritizing personal growth, education and empowerment, particularly for girls and young women. Against this backdrop, many Kuwaitis express their concerns regarding existing legislation concerning this matter.

Economic implications

Nationwide economic growth is a major objective for any country to strive towards. In line with the principles in Article 20 about the national economy, which stresses the importance of enhancing living standards and fostering economic advancement, one can assert that entering into matrimony at such an early stage hampers the potential prosperity of adolescent girls. The institution of marriage imposes numerous obligations on these young brides, often causing them to forsake higher education or career pursuits. As time passes, this could have far-reaching consequences on the nation’s overall economic trajectory, particularly if a substantial portion of its female populace remains inactive within the workforce.

Role of international community

The phenomenon of globalization has also had an influential role in transforming perspectives. As nations increasingly engage with each other, they are bound to encounter global norms and customs. In this regard, international agreements like the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) promote raising the minimum age for marriage. This dynamic presents a unique challenge for Kuwait as it navigates through a junction where domestic legislation could potentially clash with its international obligations.

The way forward

Establishing channels for open discussions, conducting thorough research, and, most significantly, amplifying the voices of those directly affected by these issues are ways this matter can be addressed. Another potential approach could involve implementing a step-by-step strategy: gradually increasing the minimum marriage age while enlightening society about the advantages associated with such alterations.

Acknowledging that every society is influenced by its distinct cultural, historical, and religious background is crucial. These factors often impact legal choices and frameworks, including the age for consent and marriage. However, as societies progress and aspirations change, constitutions and laws are frequently scrutinized.

In Kuwait, while the law permitting girls (aged 15) to marry may align with certain aspects of the constitution; it contradicts others - specifically those emphasizing safeguarding young people, their right to education, and ensuring equal opportunities. Like any debate or discussion on this matter, it is essential to listen attentively to a range of perspectives, one such perspective being that of mothers like Sara Al Ali. Doing so, helps ensure that society’s evolving needs are met while preserving the nation’s cultural heritage and history. Striking this balance can be challenging but remains an imperative goal for any progressive country.