The High Court of Islamabad allowed a 15 -year -old girl to live with her husband, judging that “although the marriage of minors is valid under Sharia law, he is considered a crime under the Pakistani law.”
Judge Muhammad Azam Khan rendered the detailed judgment in the case of Madiha Bibi, who had married his own choice.
In his declaration in court, Madiha said that she did not wish to return to her parents and confirmed her desire to stay with her husband. The Court noted that even during her stay in a crisis center, she constantly expressed her preference to live with him from her free will.
The judgment explained that by virtue of Sharia law, marriage after puberty with consent is valid. However, Islamabad’s law Child Marriage Restraint Act 2025 criminalizes marriage under the age of 18.
The Court observed that although Madiha’s marriage certificate recorded its age at around 18, the official files of Nadra confirmed that it was 15 years old at the time of her marriage.
In its verdict, the court made several recommendations to the government. He called for reforms in the Nadra system to ensure that marriage certificates are not issued without verification of the appropriate age.
He also recommended that marriage registrars are prohibited from leading Nikah ceremonies for people under the age of 18.
The court has urged the launch of public awareness campaigns to educate people on the legal consequences and disadvantages of the marriage of minors, and called for the harmonization of marriage, the criminal and child protection to eliminate contradictions.
The judgment also cited the law of 1929 on the restraint of children’s marriage and the order of the laws on the family of Muslims 1961.
Copies of the decision were sentenced to be sent to the Pakistan law and justice committee, law ministries, human and interior rights, the Chief Commissioner of Islamabad, Director General of Nadra, Secretary of the Islamic Ideology Council, as well as judges of the district, family and tutor judges.
The Court concluded that an effective application of these measures is essential to prevent minor marriages and protect the rights of minors in Pakistan.
