Marriage of Immature Girls in the Libyan Society: A Sociological View of the Criteria that Judges Follow to Grant Marriage Permissions (Judges in Benghazi, a Model)

Abstract

Age, maturity, social and economic conditions, personal status laws as well as marriage acceptance of both parties (the man and the woman) are all essential criteria and norms that judges in Libyan Courts take into consideration when they grant marriage permissions. In recent years, granting permission for a marriage to underage girls has become very common in many developing countries. In Libya, the marrying of underage girls has emerged with legal permission. However, such permission contradicts the Libyan law of marriage of girls, which permits marriage to girls who have reached the age of 18. Girls who are to marry but are still under the age of 18 must get marriage permission from the judge in any of the three courts in Benghazi. This study, therefore, was conducted to know the criteria and norms on which the judges base their decision when they need to grant marriage permission to underage girls. To achieve the aim of the study, the researchers relied on a social survey using a questionnaire as a tool of data collection. The questions were seeking to know what criteria and norms the judges in Benghazi courts consider when granting marriage permission to underage girls. The questionnaire was distributed among 50 judges (26 males and 24 females); the researchers emptied the collected data into tables and analyzed it.  The study concluded that the judges' decision to grant marriage permission to underage girls is solely based on the girl's desire to marry. That is to say, the judges did not consider the underage girls' social or economic conditions, nor did they give any consideration to their mental, physical or psychological abilities.