Islamic Perspectives on Age of Consent: An Analytical Study in the Contemporary World

Abstract

Setting and harmonizing the minimum age for sexual relations has become a public outcry led by international humanitarian organizations. Neither the classical religious laws nor the laws of ancient societies, as seen today in many Muslim and non-Muslim countries, had a harmonized age of consent. Although the idea dates back to the Industrial Revolution, its goal has traditionally been attributed to individual societies to protect children from sexual exploitation and deprivation of basic human rights. Recent research into child abuse and exploitation has shown that the number of child abuse cases is increasing rapidly. This consequence has led to United Nations humanitarian organizations calling for the age of consent to be harmonized to 18 years. However, this idea has not found global consensus. Different countries and states have different ages of consent, which are influenced by factors such as individual maturity, cultural differences, parental rights, legal clarity and social norms. This article conducts an in-depth documentary analysis to examine the age of consent from an Islamic perspective in today's society, based on the Islamic Maqasid Sharia. Literary works suggest that early marriage and the protection of girls from exploitation and fundamental rights are the main reasons for the global demand for harmonization of the age of consent. However, the paper notes that age of consent harmonization alone cannot adequately address child exploitation. Studies have shown that child abuse, including rape, occurs at the early stages of learning and voluntary sexual relationships between children often begin as early as primary school. Given these findings, the paper recommends that age of consent determination should be delegated to countries or states in consultation with their religious institutions. The aim is to ensure that setting the age of consent benefits and does not harm individuals, as traditional norms and cultural realities are best understood by local citizens and religious leaders. Furthermore, the paper emphasizes that moral values should be a primary concern in solving this problem, supported by faith-based teachings and behaviour education through schools and religious gatherings