Young Muslim woman wearing veilDivorce is never easy, but for one 12-year-old Saudi girl the battle to divorce her 80-year-old husband is about more than just a couple parting ways.

The girl, who was married to her father's cousin last year against both her and her mother's wishes, has been given legal assistance by the state-run Human Rights Commission as she takes her case to court in Buraidah, near Riyadh.

Currently there is no minimum age for marriage in Saudi Arabia and girls from poor families are often married off.

But a draft law that could prohibit child marriage is under discussion.

It is expected to suggest a minimum age of between 16 and 18, while in the interim, activists are urging the Government to ban notaries from sealing marriages involving girls under 18.

In such a climate of change and with Government assistance, this young girl's fight for divorce could prove a test case for the banning of child marriage.

The case has already sparked a debate within Saudi Arabia.

While some judges and clerics insist that the Prophet Muhammad's nine-year-old bride is justification for child marriage, senior cleric Sheikh Abdullah al-Manie declared that, since that was 14 centuries ago, it does not justify child marriage in the modern day.

Alanoud al-Hejailan, a lawyer for the Human Rights Commission, told The Times: "Our main concern is to safeguard the child's rights... it is in the hands of the court but the commission is firmly on the child's side."

The commission also suggested that it would pursue the case through the appeals court should a divorce be denied.

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