JUI-F has filed a petition in the Federal Shariat Court (FSC), challenging the constitutional validity of the Islamabad Capital Territory Child Marriage Restraint Act, 2025. The party argues that several provisions of the law are inconsistent with Islamic teachings and should be reviewed by the court.
The petition was submitted through senior counsel Kamran Murtaza. According to the filing, the law defines a child as anyone below the age of 18. JUI-F argues that this definition conflicts with the Holy Quran and Sunnah. The party maintains that Islamic jurisprudence recognizes puberty, also known as bulugh, as the point at which a person becomes eligible for marriage rather than a fixed age.
The petition asks the Federal Shariat Court to examine whether the Act is compatible with Islamic injunctions. It also seeks to challenge the legal reasoning adopted in a 2023 case. According to JUI-F, that judgment incorrectly linked mental maturity, or Rushd, with the physical ability to marry.
The party argues that mental maturity and physical maturity are separate legal concepts in Islamic jurisprudence. It says the current law does not properly reflect this distinction. The petition requests the court to reconsider the interpretation used in the earlier ruling.
One of the main requests made by JUI-F is the introduction of a judicial exception mechanism. Under this proposal, individuals below the age of 18 could apply to a court for permission to marry. Approval would only be granted if the applicant has reached puberty and can prove financial capability.
The petition states that similar legal arrangements already exist in several Muslim-majority countries. It specifically mentions Jordan, Malaysia, and Egypt as examples where courts can consider such applications under certain legal conditions.
The party also challenged the punishment provisions included in the Child Marriage Restraint Act. According to the petition, the law imposes mandatory penalties that do not align with the Islamic concept of ta’zir. In Islamic law, ta’zir allows judges to exercise discretion when determining punishments in certain cases.
The petition further argues that mandatory sentencing limits judicial discretion. It says courts should have greater flexibility when deciding cases based on individual facts and circumstances.
In addition, JUI-F has objected to provisions that classify consensual cohabitation within a legally valid nikah involving individuals below 18 as child abuse. The party argues that these sections are inconsistent with Islamic legal principles and should be declared invalid.
The petition asks the Federal Shariat Court to declare several provisions of the Islamabad Capital Territory Child Marriage Restraint Act, 2025, as being against Islamic injunctions. It also requests directions for the federal government to amend the law in line with the court’s findings.
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The case is expected to be heard by the Federal Shariat Court, which has the authority to examine whether laws are consistent with the Holy Quran and Sunnah. The court’s decision could have significant legal implications for the implementation of the Child Marriage Restraint Act in the Islamabad Capital Territory.
