RabiaTahir
Recent legislative progress of the Child Marriage Restraint Bill by the Punjab Assembly, has renewed national attention on the urgency of addressing child marriage across Pakistan.
It has demonstrated that reform is both possible and actionable within existing legal, political, and social frameworks. Against this backdrop, the situation in Khyber Pakhtunkhwa appears increasingly critical, not due to a lack of dialogue, but due to the persistence of the ghairat(honor) brigade.Ten years have passed in discussion, review, and repeated consultation. Yet the bill is awaiting progress.
At the center of the discussion lies a blurred line between advisory input and legal obligation. The Council of Islamic Ideology has raised 19 plus arguments about the bill, but these are advisory in nature not binding. In contrast, the Federal Shariat Court has issued interpretations that carry constitutional weight and open space for legislation . This distinction is critical. When it is not clearly understood, it creates room for hesitation to be presented as due process slowing decision making while giving the impression of caution.
Many Islamic countries have strengthened the wellbeing of women and children and accelerated economic progress by raising the legal age of marriage. A close regional example is Bangladesh, where policy action has been closely linked with improvements in girls’ education, health outcomes, and labour force participation. Across the Muslim world, countries such as Turkey, Egypt, Bangladesh, and the United Arab Emirates have set 18 years or above as the minimum legal age for marriage. Perspectives from institutions such as Al-Azhar University reinforce that safeguarding wellbeing is not in opposition to faith it is part of it.
But beyond legal and theological debates lies a more immediate reality. In KP, a significant proportion of girls remain out of school. Early marriage is not an isolated issue,it is a driver of interrupted education, compromised health, and limited life choices. It is a development issue, a human rights issue, and increasingly, a measure of whether policy commitments translate into lived change. Pakistan’s alignment with Sustainable Development Goal 5.3 underscores that this is not just a provincial concern; it is a national and global commitment.
This raises a legitimate question for Pakistan’s policy discourse: how are religious interpretations in these contexts understood, and why is there inconsistency in how similar principles are applied locally across different provinces of same country ?
Once analysed from historic lense,The Child Marriage Restraint Act 1929 has remained part of the legal framework for decades throughout Pakistan’s post-independence history. Nearly a century ago, during deliberations on what became the Child Marriage Restraint Act 1929, a proposal was initially introduced to protect girls within a specific community. It was Muhammad Ali Jinnah who argued that such protections must extend to Muslim girls as well. Despite opposition from several members, his position prevailed grounded in the principle that safeguarding girls’ wellbeing transcends communal boundaries.
This moment remains instructive. It demonstrates that even in a contested environment, leadership was able to prioritize protection, equity, and long-term societal benefit over resistance. Revisiting this history is not merely symbolic but pointed of long term choices. It was later reinforced through the Muslim Family Laws Ordinance 1961, which included provisions related to the minimum age of marriage before these were diluted during the period of Zia-ul-Haq.
On the other hand,Islamic legal thought does not rely on a single measure of maturity. It distinguishes between physical maturity (bulūgh), intellectual capacity (ʿaql), and sound judgment (rushd). The Qur’an itself, in Qur’an 4:6, emphasizes that even after reaching marriageable age, individuals must demonstrate Rushd, sound judgment before being entrusted with responsibility. Similarly, references to puberty in Qur’an 24:59 establish biological maturity, while repeated Qur’anic calls to reason underscore the importance of intellect (ʿaql) in decision-making.Together, these principles make it clear that readiness for marriage is not defined by age alone, but by the ability to make informed, responsible decisions.
This raises a critical question,ifPakistan’s constitutional framework is aligned with Islamic principles, and if multiple provinces have already enacted laws to restrain child marriage, why does Khyber Pakhtunkhwa continue to show resistance?
Khyber Pakhtunkhwa presents a unique context with Political Continuity but Policy Stagnation, same party in power since 2013, governance continuity has been a defining feature. In principle, such continuity should enable legislative progress more efficient.In practice, however, internal divisions and resistance within political ranks have slowed momentum on Child Marriage Restraint bill.This brings the discussion to a fundamental point,Is this a political contest, or a development imperative for decision makers in the province?
According to our female MPA’s from KP,Framing child marriage legislation as a political risk overlooks its potential as a political opportunity. Embedding child protection within party manifestos can transform it from a contested issue into a shared commitment one that extends beyond individuals and electoral cycles.
It’s time for leadership of Khyber Pakhtunkhwa to move from debate to implementation, the discussion consistently converges on a set of practical and achievable reforms that no longer require conceptual clarity but administrative will.
Strengthening the governance of marriage through mandatory CNIC verification, digitisation of the Nikah registration system, regulation and certification of Nikah registrars, and stronger oversight of marriage documentation offers a clear pathway to reducing underage marriages through enforceable systems rather than reliance on fragmented practice. These measures reinforce a simple but critical principle,The Family, as one of the most foundational social institutions, must be entered into through transparent, accountable, and legally protected processes. After a decade of consultations on Child Marriage Restraint Bill in KP, the issue is no longer a lack of understanding of the problem or its solutions; what remains is the urgency of action ,referral to the relevant committee, refinement where required, and timely presentation before the Provincial Assembly. At this stage, delay is no longer procedural; it carries tangible human costs, reflected in the 60% interrupted education , constrained futures and diminished rights of girls across the province. The decision ahead is therefore not merely legislative but generational in nature, testing whether leadership prioritises political hesitation or public responsibility, and whether the outcome serves institutional positioning or the protection of people. The question is no longer about agreement, but about timely and decisive action.
If all citizens are equal under the law, why does the future of a daughter in Punjab appear to be valued differently from that of a daughter in Khyber Pakhtunkhwa?Are we prepared to bear the long-term consequences of such disparity?
The writer is Founder and Executive Director of Frontier Women Alliance for Inclusive Development (FWAID), a women-led organization advancing intersectional inclusion across Pakistan. Asa social activist , gender and inclusion specialist she works at the nexus of gender, disability, and governance to translate legal frameworks into practical, community-level impact.
