ISLAMABAD (Dunya News) – The Islamabad High Court (IHC) has allowed a 15-year-old girl to live with her husband.
Justice Muhammad Azam Khan of the Islamabad High Court issued a detailed 24-page verdict, in which it was stated that child marriage is not invalid under Shariah law, but it is a criminal offense under statutory law.
The verdict noted that Madiha Bibi, in her statement to the court, expressed her wish not to return to her parents and instead to stay with her husband. Even during her stay at the crisis center, the girl repeatedly expressed her desire to live with her husband of her own free will. While under Islamic law, a marriage is considered valid after puberty and with mutual consent, the Islamabad Child Marriage Restraint Act 2025 declares marriage under the age of 18 to be a criminal offense.
The court cited the Child Marriage Restraint Act 1929 and the Muslim Family Laws Ordinance 1961, stating that according to NADRA records, the girl's age is listed as 15 years, while the Nikah Nama (marriage certificate) mentions her age as approximately 18 years.
In its verdict, the court made several recommendations and directed that copies of the decision be sent to all relevant ministries and family court judges. The court emphasized the need for harmonization between marriage laws, underage marriage provisions, and criminal laws. It directed that Nikah Registrars be strictly prohibited from registering marriages involving individuals under the age of 18.
The court also recommended improvements to the NADRA system to ensure that marriage certificates cannot be issued without proper age verification. It called for a public awareness campaign to educate people about the harmful effects of child marriage.
Lastly, the verdict instructed that copies of the decision be sent to the Law and Justice Commission of Pakistan, the Ministry of Law, and the Ministry of Human Rights. It also ordered that the decision be sent to the Ministry of Interior, the Chief Commissioner of Islamabad, the Director General of NADRA, and the Secretary of the Council of Islamic Ideology.