Consent Of The Parties For Islamic Law Marriage

Two types of consent are involved here—consent of the parties and parental consent.

Consent of the parties

The parties to Islamic law marriage must freely consent to the union. But under the Malilri School of Islamic law, a father has the right to conclude marriages on behalf of his infant sons and virgin daughters iljbar). The exercise of this right results in chid marriage which is fraught with the danger of facilitating slave trade. But the rule may be ameliorated by the fact that the child has the option to repudiate the marriage contract on the attainment of the age of puberty. However, a father loses his right of Ijbar where he allows his daughter to choose a husband from among her suitors.