"IJBAR": THE RIGHT OF A GUARDIAN TO CHOOSE A HUSBAND OR WIFE FOR HIS WARD: A CRITIQUE

The jurists are not unanimous on the extent and scope of its application.Some group of jurist upheld and recognized its use to all categories ofwomen that have not tested marital life and under-aged male children.While others restricted its use to only under-age children of both sexes.One point that is common to all the jurists however, is their recognitionof the legality of the marriage of minors and under-aged children. Since thelaw did not insist on’ any age limit for marriage, it follows therefore thatsomebody must represent those that are under-age and inexperienced intheir marriage. Moreover, it is a settled law that minors have no capacityto engage in any contractual transaction either for themselves or on behalfof others but can only do so through their guardians. Likewise at that agethey do not have the know-how to the intricacies of life as such they haveno consent to give or with-hold. It is thus the guardian that is expected tostand for their interest, perhaps this account for the justification ‘of theexercise of the power of compulsion over minors. What on the other handaccount for the application of the doctrine of Ijbar on adult may be lack ofexperience in matrimonial affairs.