By Anna Heitmann, Pakistan Researcher
Qazi Ikram haq, ‘Hands with Mehndi Art’, via Pexels, April 25th, 2022.
IHC ruling allows underage girl to continue consensual marriage, as it is valid under Shariah law.
The Islamabad High Court (IHC) has made a ruling regarding a case involving a 15 year old girl who had been married. The girl, Madiha Bibi, made a statement to the Court that she married out of her own choice, did not want to return to her parents, and wants to stay with her husband. The Court allowed her to do so, given that this is her wish, despite her being a minor.
Although child marriage is a crime under the Pakistani law, the Court stated that the marriage itself is not automatically void. When considering the Shariah law, consensual underage marriage after puberty is valid, yet, the individuals facilitating the child marriage, such as parents or nikah registrars, can face punishment under Pakistani law. This shows the contradiction of laws in Pakistan.
Moreover, there is a discrepancy of how child marriage laws vary depending in the province in Pakistan. In Sindh for example, the minimum age for marriage is 18 years for both genders, whilst in Punjab and Islamabad, the legal minimum age for girls remains 16. The federal laws then are not clear on whether child marriages are to be considered void or just as punishable offenses. In this case, Madiha’s marriage certificate recorded her age as “almost 18 years”.
The IHC highlights the need for stronger legal protections and renewed reforms to protect children from child marriages. This ruling exposes the loopholes that allow child marriages to continue and could set a dangerous precedent for future cases.
