Islamabad High Court Rules on Child Marriages in Pakistan
The Islamabad High Court has issued a significant judgment regarding child marriages in Pakistan. The ruling, led by Justice Khan, addresses the legal contradiction between the Islamabad Child Restraint Marriage Act of 2025 and Islamic jurisprudence. Under Islamic law, a marriage is considered valid if both parties have attained puberty and give free consent, regardless of age. This principle has led to a legal contradiction in Pakistan, where the 2025 Act criminalises marriages involving individuals under 18 but does not explicitly declare them void. Justice Khan argued that in the absence of explicit statutory language declaring child marriages void, Islamic principles must determine their validity. The court recognised the grave consequences of validating child marriages, including physical harm, psychological trauma, and exposure to abuse or exploitation. To prevent such marriages, the court directed district administrations and license-issuing authorities to ensure all Nikah Registrars are trained to avoid solemnising or registering any marriage involving a minor. Additionally, all relevant courts must engage Child Protection Officers to assess the marital status of minors before making a determination. The Islamabad High Court has disposed of the writ petition related to an underage marriage. While the court allowed the underage girl, Madiha Bibi, to reside with her husband, it recognised the serious implications of validating child marriages and directed measures to prevent their occurrence. The court also called for a legislative review to harmonise age definitions across Pakistani statutes.
