ISLAMABAD: The Islamabad High Court (IHC) has allowed an underage girl to reside with her husband while at the same time urging the federal government to address contradictions in laws on child marriage and strengthen safeguards for minors.
The development surfaced on Wednesday as details of a July 11 ruling became public.
The case was brought before Justice Muhammad Azam Khan by petitioner Muhammad Riaz, who challenged an order passed by a district judge on June 23. The lower court had refused to recover the girl, alleging that her family had forcibly taken her away from her husband’s home just days after the marriage.
According to documents submitted, the marriage took place on May 30. The girl’s Nikahnama recorded her age as “almost 18 years,” though a birth certificate registered after the union stated she was 15 at the time of solemnisation. Justice Khan noted that the court was not empowered to conclusively determine the girl’s age but remarked that she had attained puberty and given her consent freely. On this basis, the court granted her liberty to live with the petitioner.
During her appearance in court on July 11, the girl confirmed she had married of her own choice, expressed her wish to remain with her husband, and declined to return to her parents. She maintained this position even while staying at Islamabad’s Crisis Centre. Justice Khan observed that the trial court had overlooked the risks to her “life, honour and dignity” if she were returned to her family against her will.
The judgment carefully dissected the paradox between Shariah principles and statutory law. It pointed out that while Islamic law does not render underage marriages void, Pakistan’s penal codes treat such unions as punishable and contrary to public policy, particularly where they affect minors’ physical, emotional, or educational development.
Justice Khan said this inconsistency “risks frustrating the very objective of the statute,” which is intended to deter child marriages.
The order also examined whether child marriage could fall within the scope of rape under Sections 375 and 377A of the Pakistan Penal Code. Justice Khan noted that established precedents have not classified consummation within such marriages as rape due to the “element of lawful relationship and consent within marriage.”
Petitioner’s counsel Advocate Shumaila Rafique Awan relied on earlier Supreme Court rulings to argue that the marriage was valid under the Muslim Family Laws Ordinance of 1961. Lawyers representing the respondents disagreed, pointing to a 2022 IHC decision that deemed marriages involving minors void ab initio under the Child Marriage Restraint Act of 1929.
Justice Khan, however, stressed that the recently enacted Islamabad Child Marriage Restraint Act 2025 (ICMRA) raised the marriage age for girls to 18 but did not make underage marriages void; instead, it prescribed punishment for contracting, arranging, or solemnising such unions.
The ruling called attention to disparities in laws across provinces, with Sindh and the Islamabad Capital Territory setting 18 years as the legal minimum, while other provinces retain 16 years. The judge urged the federal government to remove these inconsistencies and adopt a clear statutory stance to ensure minors’ protection.
The court issued a series of recommendations to close gaps in enforcement. It advised the government to launch awareness campaigns targeting citizens, public officials, and Nikkah registrars to highlight the harmful consequences and penal implications of child marriages. The ruling directed district administrations to ensure registrars are trained and warned against solemnising underage marriages.
The judgment further recommended linking birth registration with the issuance of marriage certificates, using Nadra’s database to verify ages before contracts are registered. It also stressed that family courts, guardianship courts, and courts exercising Section 491 jurisdiction must involve Child Protection Officers to conduct welfare assessments. These reports, Justice Khan said, should guide decisions on custody, care, and marital status.
The order concluded that minors must be recognised as “rights-bearing individuals” whose welfare should guide judicial outcomes. Copies of the judgment were sent to the ministries of law, human rights, and interior, the Law and Justice Commission of Pakistan, the Islamabad chief commissioner, Nadra, the Council of Islamic Ideology, and all district and sessions judges.
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