Islamabad, Pakistan:
The Islamabad High Court (IHC) has allowed an underage girl to reside with her husband in a judgment that emerged on Wednesday, while simultaneously issuing a forceful recommendation for the federal government to undertake a comprehensive review to strengthen laws against child marriage and protect minors. The ruling underscores the profound legal and social complexities surrounding early unions in the country.
According to UNICEF, Pakistan is home to over 19 million child brides, a figure that highlights a critical gap in the protection of minors. Nearly one in six young women are married before the age of 18, with as many as 4.8 million girls entering marriage before age 15.
The verdict, issued by Justice Muhammad Azam Khan for a hearing held on July 11, concluded that in light of the girl having “attained puberty and appears to have given free and voluntary consent,” she was “at liberty to reside with the petitioner.” The case arose from a plea filed by Muhammad Riaz, the husband, challenging an earlier order that had denied him the recovery of the girl after her family allegedly took her from his house.
The court noted significant factual discrepancies: the girl’s birth certificate, registered after the marriage, stated her age was 15 at the time of the Nikkah (marriage solemnisation) on May 30, while the marriage contract “vaguely records her age as ‘almost 18 years’.”
The girl appeared before the court and “unequivocally affirmed that she had contracted marriage with the petitioner of her own choice and expressed her desire to reside with him, explicitly declining to return to her parents,” the order stated, noting that she had maintained this position even while staying at a Crisis Centre.
The Legal Paradox of Age and Consent
Justice Khan observed a fundamental conflict in the law, noting that while an underage marriage may “not [be] void under the Shariah, it is nonetheless punishable by law and treated as contrary to public policy,” especially when it undermines a minor’s development.
The judge specifically referenced the Islamabad Child Marriage Restraint Act 2025 (ICMRA), which recently raised the minimum marriage age for girls from 16 to 18. Critically, Justice Khan pointed out that the ICMRA “does not render the marriage itself void” but is merely “enacted merely to punish the party contracting, arranging and/or solemnising a marriage with a child.”
“This bifurcation, where the marriage is considered valid under one body of law but criminal under another, creates a legal paradox that risks frustrating the very objective of the statute,” Justice Khan wrote, emphasizing the need for legal clarity.
Call for Urgent Reforms
To safeguard minors and uphold constitutional rights, the IHC judgment stressed that “statutory clarity is urgently needed.” The court called on the federal government to immediately undertake a legislative review to address the numerous “inconsistencies across various statutes qua the determination of age,” citing discrepancies in nearly a dozen acts, including the Pakistan Penal Code and the Majority Act.
Furthermore, Justice Khan issued strong directives to various state authorities:
- Public Awareness: A “sustained and comprehensive awareness campaign” must be launched to educate citizens, Nikkah registrars, and community leaders about the legal consequences and harmful effects of child marriages.
- Age Verification: The National Database and Registration Authority (NADRA) and registration authorities must integrate Birth Registration Certificates into their systems to ensure verification of age before issuing a Marriage Certificate.
- Child-Centric Justice: All courts dealing with alleged child marriages must “engage Child Protection Officers (CPOs)… to conduct a statutory welfare assessment,” ensuring a “participatory, protective and trauma-informed approach” that treats the minor as a “rights-bearing individual.”
The judgment, a blend of judicial allowance based on precedent and fervent activism for legislative change, has been forwarded to key ministries and statutory bodies, urging them to act decisively on the court’s recommendations
