The Islamabad High Court (IHC) has ruled in favor of a 15-year-old girl, permitting her to live with her husband despite being under the legal marriage age. Justice Mohammad Azam Khan issued the judgment, highlighting the contrast between Pakistan’s statutory law and Islamic Sharia law. Under the Child Marriage Restraint Act 2025, marriages involving individuals below 18 are prohibited; however, Sharia law does not consider such unions invalid.
The case involved Madiha Bibi, who had married her partner of her own choice. During court proceedings and while staying at a crisis center, she repeatedly expressed her clear wish to remain with her husband. The court acknowledged her consent, noting it as a crucial factor in its decision.
The marriage certificate recorded her age as 18, though official records with NADRA confirmed she was only 15. Addressing this discrepancy, the court recommended reforms to strengthen NADRA’s verification system to prevent the issuance of marriage certificates without proper age validation. It further suggested that Nikah Registrars be legally bound to avoid registering marriages involving underage individuals.
This judgment underscores the complex intersection of statutory law, Sharia principles, and personal consent in Pakistan’s legal framework on child marriage.
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