Mariage des enfants

In the Palestinian Territories, marriages are mostly arranged by parents. In Islam, marriage is a private contract, which is valid if the conditions of Islamic law are met, namely the consent of both spouses, that of the girl's guardian (usually her father) and the presence of two witnesses. The contract is registered by the Sharia (Islamic law) court and then forwarded to the Palestinian Authority's civil registry. The public celebration of the marriage within the community marks the beginning of married life.

In 2018, the median age at first marriage was 20–21 for women and 24–25 for men. In some communities, children are married off before reaching the age of majority. This affects girls more than boys. In the West Bank, a 2019 presidential decree set the minimum age for marriage at 18, although it allows the chief judge or religious authorities to validate marriages below this age in unspecified cases. In the Gaza Strip, the Personal Status Law sets the minimum age for marriage at 18 for men and 17 for women, although exceptions allow marriage from the ages of 14 and 15 respectively. Penal codes punish those involved in the marriage of a girl under the age of 15; however, legislation in Gaza invalidates these penalties if a medical certificate is presented attesting that consummating the marriage would not be detrimental to her health.

Early marriage can be caused by many factors, including traditions and socio-cultural norms, economic constraints, and situations of crisis and conflict. Frequently cited causes include respect for customs, endogamy, poverty in the girl's family, dropping out of school, seeking protection, and the desire to preserve family honour. For the girls themselves, factors such as idealising marriage, peer pressure, fear of exceeding the marriageable age, and a lack of alternatives to secure their future also come into play. War and conflict reinforce the practice of early marriage. Early marriage exposes girls to serious risks to their physical and psychological health, including domestic violence and divorce, and limits their access to education and employment.

Despite a downward trend over the last decade, child marriage remains a widespread practice in the Palestinian Territory. Available data suggest that the Gaza Strip is more affected than the West Bank, particularly in the Gaza, North Gaza and Khan Yunis governorates, in Bedouin communities and areas with restricted access. According to actors on the ground, the context of war has caused an increase in these marriages in the Gaza Strip. In the West Bank, Hebron has the highest rates, followed by marginalised rural areas and the Jordan Valley. Early marriage appears to be influenced more by factors such as low levels of education, school dropout, poverty, population displacement, the presence of extended families and a conservative patriarchal culture than by place of residence.