In law, minor cannot act independently but can act only through the Guardian. Therefore, it is of paramount importance to know as to who is minor. According to strict Islamic Law, the majority is attained on puberty.
The earliest period for a boy to reach to an age of puberty is 12 years, when he ejaculates for the first time whereas for a girl, it is 9 years, when she gets menstruation. However, under Muslim Law, in absence of specific proof, the puberty is presumed on the completion of the age of 15 years after which a minor ceases to be a minor and can act independently.
It was held that a Muslim wife of 16 years may sue for her Divorce without intervention of a Guardian. It may be noted that in India, Muslims are also governed under the provisions of the Indian Majority Act, 18875. However, the Majority Act itself provides that matters relating to Marriage, Divorce and Dower (Mahar) will be governed according to Personal Law.
The Indian Majority Act, 1875, divides minors into two groups and fixes their age. The first group consists of Minors for whom the Court has appointed Guardians and the second group consists of all minors for whom the Court has not appointed guardians. The age of majority for all minors (except those for whom the Court has appointed a Guardian) is fixed as the age of 18 years as they (minors) will be deemed to be major. However, for any reason whatsoever, in any particular case, before the age of 15 years, if any Court has appointed a Guardian, such minors even after the age of 18 years will be treated as minor and will be treated to have reached the age of majority on attaining the age of 21 years.