The Jamiat Ulema-i-Islam-Fazl (JUI-F) has approached the Federal Shariat Court (FSC), challenging the constitutional validity of the Child Marriage Restraint Act, 2025, which applies to the Islamabad Capital Territory.
The petition, submitted through senior lawyer Kamran Murtaza, argues that the law’s definition of a child as anyone below the age of 18 is inconsistent with the teachings of the Holy Quran and Sunnah. According to the party, Islamic jurisprudence considers the attainment of puberty (bulugh), rather than a fixed age, as the basis for determining eligibility for marriage.
In its petition, the JUI-F also questioned legal reasoning adopted in a 2023 judgment, claiming it wrongly linked mental maturity (Rushd) with physical eligibility for marriage. The party maintains that these are separate concepts under Islamic law and should not be treated as the same.
The petition further asks the Federal Shariat Court to direct the government to amend the Child Marriage law by introducing a judicial exception. Under the proposed mechanism, individuals under the age of 18 who have reached puberty and can prove financial capability would be allowed to seek court approval for marriage.
JUI-F pointed out that similar legal provisions already exist in several Muslim-majority countries, including Jordan, Malaysia, and Egypt. The party argues that such a system would better align Pakistan’s laws with Islamic principles.
The petition also challenges the Act’s mandatory punishment provisions. According to JUI-F, fixed sentencing limits the court’s discretion and conflicts with the Islamic concept of ta’zir, which allows judges to determine appropriate punishments based on the circumstances of each case.
In addition, the party has requested the Federal Shariat Court to strike down several sections of the Child Marriage law, including provisions that classify consensual cohabitation within a valid nikah involving minors as child abuse.
The petition asks the court to declare these provisions inconsistent with Islamic injunctions and to issue appropriate directions for legislative amendments. The Federal Shariat Court is expected to hear the matter in due course and determine whether the challenged provisions comply with the Constitution and Islamic law.
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