The Islamabad High Court has issued a controversial verdict that is generating significant discussion throughout Pakistan. Judge Muhammad Azam Khan’s ruling allows a 15-year-old girl to remain with her husband. This decision stems from a case concerning the marriage of a minor, which prompted the court to address the conflict between religious law and government laws. Consequently, the 15-year-old girl has been granted permission to live with her husband.
The case centers around Madiha Bibi. According to NADRA records, her age is 15, but her marriage certificate indicates she is about 18. Madiha testified in court that she wishes to remain with her husband, even while at a crisis center, where she asserted her desire to stay married. Islamic Sharia law approves of a marriage if the girl has reached puberty and agrees to the marriage, making it a legal union. Yet, the Islamabad Child Marriage Restraint Act 2025 defines marriages performed under the age of 18 as illegal, thus creating a legal paradox.
In a 24-page judgment, Justice Khan detailed that while Sharia regards the marriage as valid, government law deems it a crime. The court admitted there’s a considerable disagreement between religious and legal views on this issue. The court stated it is time to unify laws pertaining to marriage, minors, and criminal offenses. Further, the court directed Nikah Registrars to not register marriages of individuals under 18 years of age. The court also ordered the government to:
1. Improve NADRA’s system to ensure that marriage certificates are not issued without proper age validation.
2. Implement extensive campaigns to raise awareness about the detriments and effects of child marriage.
3. Distribute this judgment to the Law and Justice Commission, the Council of Islamic Ideology, and several other essential government offices.