A recent ruling by the Islamabad High Court has stirred significant controversy in Pakistan. The court, presided over by Judge Muhammad Azam Khan, decided that a 15-year-old girl should be permitted to live with her husband. The case concerned the marriage of a minor, leading the court to address the differences between religious and governmental legal frameworks. The court’s decision specifically allows the 15-year-old girl to continue living with her spouse.
The case involves a young woman named Madiha Bibi. According to NADRA records, her age is 15, however her marriage certificate presents her age as approximately 18. Madiha insisted in court that she did not want to separate from her husband. Even while residing at a crisis center, she reiterated her desire to stay with her husband. Islamic Sharia law approves of marriages where the girl has reached puberty and willingly consents to the marriage. However, the Islamabad Child Marriage Restraint Act 2025 categorizes marriages below the age of 18 as criminal offenses, highlighting a clear contradiction.
In a detailed 24-page judgment, Justice Khan stated that, under Sharia law, the marriage is valid, while government law considers it a criminal act. The court acknowledged the significant discord between religious and legal perspectives. The court emphasized the need for harmonization of laws related to marriage, minors, and criminal actions. Moreover, the court instructed nikah registrars to not register any marriages involving individuals under 18 years of age. The court also issued directives to the government, including:
1. Enhance the NADRA system to prevent the issuance of marriage certificates without proper age validation.
2. Launch widespread public awareness campaigns to educate citizens about the dangers and implications of child marriage.
3. Transmit this ruling to the Law and Justice Commission, the Council of Islamic Ideology, and other crucial governmental bodies.
