The Majority Act, 1875 , was enacted to determine the age of majority for Indian citizens. It defines when a person attains the age of majority and becomes competent to enter into contracts and manage their own affairs.

The Majority Act of 1875 (Indian Majority Act, 1875 earlier) As per section 3(1) of the Indian Majority Act 1875 every person domiciled in India shall attain the age of majority on completion of 18 years and not before. Unless a particular personal law specifies otherwise, every person domiciled in India is deemed to have attained majority upon completion of 18 years of age. Section 3(2) states that in computing the age of any person, the day on which he was born is to be included as a whole day and he shall be deemed to have attained majority at the beginning of the eighteenth anniversary of that day. But if the child born is appointed a guardian or he/she is under court of wards then he/she attains majority after his completion of 21 years of age.

However, there has been some confusion regarding whether Muslims fall under the purview of this act. Under Sharia law , Muslims attain majority at the age of 15, which means they can marry at this age.

Does that mean a Muslim at the age of 15 can make a legal contract under Indian contract act? Will that contract be legally binding?

Well, the answer of these questions is NO.

According to the section 11 of The Indian Contract Act, 1872 - Every person is competent to contract who is of the age of majority according to the law to which he is subject) and who is of sound mind and is not disqualified from contracting by any law to which he is subject.

The age of majority is not defined under the Indian Contract Act, but it does say the age of majority will be determined according to the law to which he is subject. One can say that 15 will be the age of majority for Muslims to be bound under the contract. But later, the Indian Majority Act, 1875, came and clarified the confusion.

Section 2. of The Majority Act, 1875- Saving:
Nothing herein contained shall affect:

1. the capacity of any persons to act in the following matters (namely), - marriage, dower, divorce and adoption;
2. the religion or religious rites and usages of any class of [citizens of India];
    

Firstly, Section 2(a) of the Majority Act, 1875, saves personal laws as regards the age of majority only insofar as marriage, dower, divorce, and adoption are concerned, thereby indicating that in all other matters, the age of majority is governed by the Majority Act, where the age of majority is 18 years.

Secondly, the Gujarat High Court in Yunusbhai Usmanbhai Shaikh v/s. State of Gujarat and the Calcutta High Court in Ruhul Amin Sekh v/s. State of West Bengal have held that the age of majority is 15 years only for the purposes of marriage, dower, and divorce, and for all other matters, minority continues until the completion of 18 years of age.

Thirdly, Section 3(1) of the Majority Act, 1875, lays down that "Every person domiciled in India shall attain the age of majority on his completing the age of eighteen years and not before." There is nothing in Section 3(1) to exclude Muslims.

Now the most important question arises. The marriage under Muslim law is purely a civil contract; does that mean they are making a contract legally?

To understand Muslim marriage, it's important to recognize its unique characteristics.

In Islam, marriage is highly encouraged. Prophet Mohammed emphasized that celibacy has no place in Islam, highlighting the significance of marital bonds. The Quran emphasizes fairness in marital relationships. Marriage in Islamic law is often referred to as Nikah. Nikah is essentially a civil contract, aimed at legitimizing sexual relations and ensuring the welfare of children. Shyama Charan Sircar stated that Muslim marriage is not a sacrament but a civil contract.

In Muslim marriage, mutual agreement and free consent are fundamental. It is seen as a sacred contract between a man and a woman, based on love, mutual consent, and the pursuit of righteousness. Nikah serves multiple purposes, including establishing lineage, preventing immorality, and preserving the human race. Although Islamic law allows polygamy, with a limit of four wives, subsequent marriages are considered irregular.

Mental maturity, puberty, and free consent are crucial for the validity of a Muslim marriage. If these conditions aren't met, the marriage is likely to be considered void. In the case of Yusuf v. Sowramma , it was highlighted that Muslim marriage holds no religious or social significance; it's purely a civil contract.

From a legal standpoint, Muslim marriage is akin to a contractual agreement, formalized through a contract signed by the bride and groom in the presence of witnesses. However, when seen through a religious lens, Muslim marriage holds a deeper significance. It's considered a devotional act, emphasizing the duty of spouses to love and honor each other.

Muslim marriage, therefore, has a dual nature. It's a legally binding civil contract, ensuring legal enforceability, but it also carries deep religious and spiritual significance. This blending of legal and spiritual elements makes Muslim marriage a unique institution, where practical and emotional commitments coexist.

In essence, characterizing Muslim marriage as a civil contract doesn't diminish its religious and spiritual importance. Instead, it recognizes the dual nature of this union, emphasizing its legal standing alongside its moral and ethical obligations.

Conclusion
Muslims, like all Indian citizens, are subject to the Indian Majority Act, and therefore, attain majority at the age of 18. Despite the age of marriage under Sharia law being 15, the Indian Contract Act, 1872, and the Indian Majority Act, 1875, govern the age of majority for entering into contracts. Muslim marriage, known as Nikah, is considered a civil contract under Islamic law, but it also carries deep religious and spiritual significance.

While legally a civil contract, Nikah is not solely viewed through a legal lens. It is also seen as a devotional act, emphasizing the moral and ethical responsibilities of the spouses. This duality makes Muslim marriage a unique institution, blending legal and spiritual elements.

Reference:

• The Majority act, 1875
• The Muslim Personal Law (Shariat) Application Act, 1937
• The Indian Contract Act, 1872
• Yunusbhai Usmanbhai Shaikh vs State Of Gujarat, Sep 23 (2015)
• Ruhul Amin Sekh v/s. State of West Bengal, march 21 (2017)
• Ink and intent: understanding marriage as a contract in Islamic Law - Aishwarya Sandeep- Parenting and Law
• Yousuf Rawther v. Sowramma, AIR 1971 Ker. 261

Written By: Aisha Adil