The Islamabad High Court (IHC) has ruled that a 15-year-old girl may live with her husband, despite confirming that marriage under the age of 18 is an offense under the Islamabad Child Marriage Restraint Act.
The decision was announced in the case of Madiha Bibi, who consistently expressed her desire to stay with her husband rather than return to her parents. Even during her stay at a crisis centre, she maintained this position.
According to the court record, her marriage certificate (nikahnama) mentioned her age as around 18 years, while official NADRA documents verified she was only 15.
Shariah Versus Law
In its detailed judgment, the Islamabad High Court noted that under Sharia law, marriage is valid after puberty with consent. However, it clarified that under civil law, marrying below 18 remains a punishable crime under the Islamabad Child Marriage Restraint Act 2025.
The court also referred to the Child Marriage Restraint Act 1929 and the Muslim Family Laws Ordinance 1961, pointing out the need to harmonize Pakistan’s family, juvenile, and criminal laws.
Key Court Recommendations
The IHC issued several directives to address loopholes regarding child marriages:
- Harmonization of laws: Marriage laws must align with juvenile and criminal justice frameworks.
- Restrictions on registrars: Nikahkhwans should not perform marriages of anyone under 18.
- NADRA verification: The authority must ensure no marriage certificate is issued without proper age checks.
- Public awareness: Campaigns should educate people about the risks and legal consequences of child marriages.
Copies Sent to Relevant Authorities
The Islamabad High Court directed that copies of its judgment be sent to the Law Ministry, Human Rights Ministry, Interior Ministry, NADRA, the Council of Islamic Ideology, and family court judges for compliance.
Balancing Religion and Law
The court concluded that while Sharia law recognizes marriage after puberty, the state must ensure child protection through effective laws and institutional safeguards. It emphasized the urgent need for a framework that balances religious principles with the legal responsibility to prevent underage marriages.
In other news read more about Girl Pregnant After Father’s Rape, Murdered Along with Newborn
