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Global differences in the minimum age of marriage: Why do boys and girls marry at different ages in some countries?
Around the world, the legal status of marriage and the associated rights and obligations vary from place to place. Marriage laws in every country set a minimum age for marriage, and often there are significant differences between the ages for boys and girls. Some of these differences stem from the influence of culture, religion, and social structure.
According to the United Nations Population Fund, 158 countries have a minimum marriage age of 18 for girls, but in 146 countries, girls can marry younger with the consent of their parents or other authorities.
It is worth noting that the legal provisions for men are very different, with 180 countries setting 18 as the minimum age for marriage without consent. Despite this, in 105 countries boys can marry before the age of 18 with the consent of their parents or an authority, and in 23 countries boys can marry as young as 15.
These provisions show how responsibilities and obligations are unequal between men and women in various countries' legal systems. In some cultures, women's legal status in marriage is often restricted, and even forced marriages occur. The legal provisions of some countries in the Civil Code, such as Article 1105 of the Iranian Civil Code, clearly state that "between husband and wife, the position of head of the family is the exclusive right of the husband." Such provisions are not widely used in modern times. There are still challenges to women’s rights in society.
In some places, expectations of marriage include the obligation to procreate. In northern Ghana, for example, marriage payments signal a woman’s responsibility to reproduce; and women who use contraception risk threats and coercion.
As society changed and developed, many countries carried out legal reforms in the 20th century to promote gender equality in marriage. For example, Switzerland passed a referendum in 1985 guaranteeing women equal legal status with men in marriage, and these reforms came into effect in 1988. In 1965, France reformed the law to no longer require married women to obtain their husbands' permission to work, and in 1985 it abolished the husband's exclusive right to manage his children's property.
Despite this, many countries still retain the tradition that men have higher rights in marriage. In Latin America and some Western countries, the dissolution of marriages has become easier as no-fault divorce laws have become more accepted. However, in some countries where marriages are arranged, the formal dissolution of the marriage may be complicated by the property that has been exchanged between families.
In some parts of Africa, a dowry is paid so that a woman is considered to belong to her husband and his family. If she wants a divorce, her husband may demand the return of the dowry she has paid, but the woman's family is often unable or unwilling to pay for the withdrawal.
In addition, the influence of sociocultural and religious beliefs further complicates relationships between spouses, leading to different expectations of marital roles and their practice. In many cultures, marriage is not an individual choice but a collective decision of a family or community, especially in the case of traditional arranged or forced marriages.
Currently, in many countries, the ways of obtaining marriage are still controversial, including free love, arranged marriage and forced marriage. Forced marriages are considered void or revocable in some jurisdictions. Forcing someone to marry is considered a criminal offense in some countries, which shows that marriage laws involve not only individual choices but also the enforcement of the law and social moral standards.
With the global emphasis on gender equality, will the differences in minimum marriage ages be gradually eliminated over time?
