The Islamabad High Court in Pakistan has issued a ruling that has generated considerable discussion across the nation. Judge Muhammad Azam Khan, in his decision, permitted a 15-year-old girl to remain with her husband. This case stemmed from the marriage of a minor, prompting the court to address the conflict between religious and government laws. The ruling grants the 15-year-old the right to stay with her husband.
The case revolves around Madiha Bibi. Official NADRA records indicate her age as 15 years, though her marriage certificate lists her as approximately 18. Madiha herself testified in court that she does not want to be separated from her husband. Even when placed in a crisis center, she insisted on staying married. Islamic Sharia law considers marriages valid if the girl has reached puberty and willingly agrees to the marriage. In contrast, the Islamabad Child Marriage Restraint Act 2025 deems marriage under the age of 18 as a crime, creating a contradiction between religious and legal stipulations.
In a 24-page judgment, Justice Khan noted that while Sharia law validates the marriage, the government’s laws classify it as a criminal act. The court recognized the substantial difference between religious and legal views. The court stated that the time has come to unify laws related to marriage, minors, and crime. Moreover, the court instructed nikah registrars to avoid registering marriages involving individuals under 18. The court also directed the government to:
1. Strengthen NADRA’s system for age verification to prevent the issuance of marriage certificates without proper documentation.
2. Launch extensive public awareness campaigns to inform people about the adverse effects and consequences of child marriage.
3. Disseminate this ruling to the Law and Justice Commission, the Council of Islamic Ideology, and several critical government departments.