81. In regard to the conditions for marriage,
puberty or the age at which men and women acquire the
physiological capacity for reproduction is regarded as an
essential condition. The actual age of puberty, however,
cannot be determined in advance, as it varies in accordance
with individual characteristics. Most legislative acts
therefore deliberately specify a technical age for puberty
which is higher than the actual age. The authorities are then
permitted to licence marriage before that age in exceptional
cases. The age at which marriage may be licensed is determined
by a number of considerations, including physiological
capacity and the general social customs and traditions of the
two spouses and their families, including their educational
attainment.
82. On this subject, the position adopted in
the personal status laws of the different confessional groups
can be summarized as follows:
Age of puberty and age at which marriage may
be licensed in accordance with the laws of the different
confessional groups
83. In all the personal status laws, mutual
consent is deemed to be an essential condition for the
validity of a marriage. This condition, however, is subject to
two restrictions, particularly in the case of young girls. The
first is a pragmatic social restriction, as a significant
proportion of marriages are still contracted in accordance
with the traditional method whereby no real substance is given
to the opinion of the girl or even to that of the young man in
some cases, since the responsibility for arranging the
marriage and creating an atmosphere conducive to its
conclusion is assumed by the family. The second restriction is
that the family must consent to the marriage of a minor. In
this connection, there are various levels, which can be
summarized as follows:
- A cleric who marries a minor (under 18
years of age) without the agreement of his guardian is
committing a crime punishable under article 483 of the Penal
Code;
- Family consent is desirable in all cases,
whatever the age of the marriage suitor, although this does
not imply that parents have the right to force their children
into marriage;
- Family consent is generally required until
the age of legal majority is attained, or, in the case of the
Greek Orthodox church, until the age of 21;
- In most of the laws, the marriage of a
minor requires permission from the competent cleric and the
guardian, although in the event of the latter's arbitrary
exercise of his right, the cleric may dispense with
requirement for his consent (in accordance with the
Sunna);
- In the Greek Orthodox sect, the consent of
the family dispenses with the need for the consent of the
minor in the marriage contract;
- In general, some distinction is made
between males and females in regard to the requirement for
consent and the minimum age of marriage;
- The guardian may give a minor in marriage without
his or her consent (Greek Orthodox and
Shiite).