# Is child marriage legal in Western countries?

*Is child marriage legal in the West? Ages of consent and the Romeo and Juliet principle*

- URL: https://muftiabulayth.org/r/8xuhmcz2n3u/s/33/
- Date: 2021-04-13 · Kind: question · Transcript tier: machine · Recording: Monday Nights with Mufti #210 | Q&A Unscripted & Unrestricted! 😉 | Mufti Abu Layth (2:01:53–2:05:50)
- Status: general teaching
- Watch from the start of the segment: https://www.youtube.com/watch?v=8XuHMCz2N3U&t=7313s
- Recording page: https://muftiabulayth.org/r/8xuhmcz2n3u/

**Topics:** The marriage contract; Marriage

**Question as asked:** Child marriage is still legal in a lot of Western countries, including secular France; they base it on puberty and parental permission, right?

**Summary (not a quotation; machine-made, unchecked):** No: Mufti Abu Layth says Western ages of consent cluster around sixteen and do not allow an adult with a child, and imams should condemn child marriage with one voice.

**Checked position (checked by two independent reviews, not by the channel):** Mufti Abu Layth says Western age-of-consent laws do not permit adults to marry or have relations with children, and that imams should speak with one voice in condemning child marriage.

**Evidence, his words at 2:03:48:** “there needs to be a strong unified voice in condemning it and nobody says these ridiculous things like nine-year-olds and stuff like that that is just sick” (https://www.youtube.com/watch?v=8XuHMCz2N3U&t=7428s)

## Longer summary

A viewer says child marriage is still legal in many Western countries, including secular France, based on puberty and parental permission. Mufti Abu Layth says this twists or misunderstands the facts: ages of consent vary within a fairly stable margin, usually around sixteen, sometimes a year lower or higher. He explains what he calls the Romeo and Juliet clause in the UK, under which it is not considered in the public interest to prosecute teenagers of similar age in a relationship, and says this is not the same as permitting a grown man with a child. He says it is a shame that imams are shaky on this, that there needs to be a strong unified voice condemning child marriage, and that talk of nine-year-olds is sick. He then dismisses a comment that slavery was not wrong by nature, saying he pities such people.

## Transcript (machine tier, 2:01:53–2:05:50)

[2:01:11] much love to you as well may allah bless you and forever keep you smiling um funny child marriage is still legal in a lot of western countries including secular france they base uh puberty and parent permission being necessary right uh not exactly i think what you're saying is a it's twisting facts okay i i strongly feel you're twisting facts or you've misunderstood them and i've got a whole explanation of this

[2:01:50] stating that you see there is a difference between the age of consent for uh for sexual intercourse between countries but there's there's like a reasonably stable margin okay now some people may have it slightly one year ahead one year below so usually in a lot of these countries it's like 16 um and some countries may have it one year below they may have it 15 some countries may have it i mean usually i don't think they go over 16 some countries in some parts of the world do they go to 18 some countries actually have it as 21 i think but which is

[2:02:30] but still uh and then they have something called a like in the uk it's called a romeo and juliet clause um which is that sexual intercourse if it did happen under that age so if it was under let's say so in the uk being 16 but if it happened when somebody was 15 or 13 but the people involved if they are of a similar age and they were in a relationship so let's say at secondary school a boy and a girl or boyfriend and girlfriend and then along the way they engage in a sexual relationship

[2:03:09] then they feel that they don't necessarily consent to it as in legal as in the law doesn't necessarily state that this is fine but what it states is that it's not in the public interest to prosecute these these children so uh and i believe they they put that under the romeo juliet clause and there's a similar thing in most of european countries so it's not the same as saying here's a you know you get a grown man and you get a child it's not like that okay uh so just to be clear on those things so and i've mentioned before that it's a

[2:03:48] shame that imams uh are so shaky on this matter there needs to be a strong unified voice in condemning it and nobody says these ridiculous things like nine-year-olds and stuff like that that is just sick okay [Music] um all right so right there you go so all right what's going on let me follow up on some of these comments ramadan kareem mufti everyone blessings are upon us shukra and sugar and sugar and

[2:04:27] uh right so what's going slavery was not wrong by nature you're just lying bro [Laughter] all right i lied tikka get a life you know people like that you see this is the problem with people isn't it that if they feel that slavery there's nothing wrong with it you know i feel sorry for these people wallahi i pity them i pity them now

[2:05:03] right okay okay cool let me take a look at some of the facebook questions because i've been so just right all right all right put his version up what's this six hours i don't know what the six hours are about for one thing useful to display the problematic mindset and the reasoning of the dogmatists much appreciated are you i've just taken a look there right i don't know you ignore this

[2:05:42] [Laughter] my dearest apologies i'm you know you have to kind of you have to bear with me today i've not been 100 here so what is going on what is going on then facebook people post your questions let me see post your questions people clear you're doing it you're doing it much love much love right i tell you what facebook people post your question what i'm going to do is let me just this is i'm just going to push this cable and just

## Cite

Mufti Abu Layth Archive, segment 8XuHMCz2N3U/s/33. https://muftiabulayth.org/r/8xuhmcz2n3u/s/33/

Not a fatwa: these answers were given to specific people at specific times. Ask a qualified scholar about your own situation.
