ISLAMABAD – Islamabad High Court (IHC) on Wednesday allowed a 15-year-old girl to live with her husband, ruling that while underage marriage is not void under Shariah, it is considered a criminal offense under statutory law.
The decision came in response to a petition filed by the girl, Madiha Bibi, who expressed her unwillingness to return to her parents and insisted on staying with her husband. The court observed that even during her stay at a crisis center, she consistently maintained her stance of living with her spouse.
In its verdict, the court observed that under Shariah, marriage after puberty and with consent is valid. However, according to the Islamabad Child Marriage Restraint Act 2025, marriage below the age of 18 constitutes a criminal offense.
The court highlighted discrepancies regarding the girl’s age: her marriage certificate listed her as approximately 18, while official NADRA records confirmed she was only 15. The judgment also referenced the Child Marriage Restraint Act 1929 and the Muslim Family Laws Ordinance 1961.
The IHC directed that a copy of its judgment be forwarded to all relevant ministries and family court judges for guidance.
It is noteworthy that in May 2025, the Council of Islamic Ideology (CII) had rejected the Child Marriage Prohibition Bill 2025—introduced by the Khyber Pakhtunkhwa government and passed by the National Assembly—declaring it “un-Islamic.”
In a statement issued under the chairmanship of Dr. Allama Muhammad Raghib Hussain Naeemi, the CII argued that fixing an age limit, criminalizing marriage below 18, and prescribing punishments were inconsistent with Islamic injunctions.
However, the council stressed discouraging early marriages while rejecting the bill.
The council further opined that the marriage should be kept free from unnecessary legal complications in line with Islamic teachings. It also emphasized that dowry-related coercion is against Islam and that demands made by the groom’s side are unjustified.
