The Senate chairman sought voting and passed the bill with an opposition of five votes PHOTO: FILE
Senator Sherry Rehman presented the bill to be passed unanimously, but it triggered a heated debate over the issue.
Senator Ghafoor Haidri raised an objection, saying fixing the age of 18 years for Nikah is inconsonant with the Shariah; therefore, the bill may be sent to the Islamic Ideology Council (IIC) for further discussion.
Senator Mushtaq Ahmad rejected the bill saying it was against Article 2-A of the Constitution as defining 18 years for puberty is against Shariat.
He suggested reducing the age of puberty from 18 to 15 in consultation with the IIC.
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Senator Maulana Attaur Rehman also opposed the bill on the grounds that the committee had not invited Ulema for consultation and brought the bill to the house without hearing them; therefore, the matter may be sent to the CII for further discussion.
Senator Maulana Faiz Muhammad said the Senate was not a proper forum to discuss matters like this; therefore, it may be referred to the CII for further discussion.
State Minister for Parliamentary Affairs Ali Muhammad Khan said, “Though the intent of the bill is noble, some of the issues require technical consultation as the country came into being in the name of Islam. The Constitution binds us to make legislation in consonance with Islamic laws.”
He also recommended sending the matter to the CII.
Senator Raza Rabbani, in support of the bill, apprised the house that the bill was earlier sent to the CII; however, it remained pending there for years without discussion.
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He said the Sindh Assembly had already passed the same bill which was not challenged or opposed at any forum so far.
He further said the age of puberty of girls in other Islamic countries is also 18 years.
Federal Minister for Religious Affairs Noorul Qadri said, “A similar bill was sent to the CII in 2010 by former parliamentarians Marvi Memon and Atiya Anayatullah which was returned by the council with the observation that according to Fuqaha, the age of puberty varies and cannot be fixed.”
The mover of the bill Senator Rehman, however, urging the Senate chairman for voting on the bill, said the age of voting, eligibility for national identity card was also 18, “so why the age of puberty cannot be fixed accordingly”.
Giving details of Muslim countries that declared 18 years as the age of puberty, she said, in Algeria the age was 19, while Bangladesh, Egypt, Turkey, Morocco, Oman, United Arab Emirates, and even the Saudi Arabia had fixed 18 years as the age of puberty.
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"We are not promoting western values, but are trying to save innocent lives as a Pakistani woman dies every 20 minutes because of marriage at an early age," the senator said, adding that the entire world legislated to protect the lives of their girls, but unfortunately 21 per cent marriages took place under the age of 18 in Pakistan.
Leader of the house Senator Shibli Faraz favoured the bill, saying he was part of the committee, which deliberated on the bill and the CII was confused and never took a clear position on the issue when their opinion was sought. Senator Sassui Palijo said, “The girls in Pakistan are exploited in the name of Islam.”
She said Prophet Muhammad (Peace Be Upon Him) was the first person, who protected girls and gave them rights at a time when they used to be buried alive.
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In favour of the bill, Senator Farooq H Naik said, “The bill fixes the marriage age, but does not restrict anyone from marrying a girl under the age of 18. Marriage before the age of 18 will not be invalid but the bill is criminalising the act for the protection of girls."
Senator Mushahidullah, in support of the bill, said to ensure the discipline in society and to curb women’s exploitation, such legislation would be very effective.
Senator Taj Roohani said the age of puberty even from a medical point of view was 18 years; however, some girls reached the age of puberty at the age of 11 or 12 because of good nutrition.
Winding up the debate on the bill, the Senate chairman sought voting and passed the bill with an opposition of five votes.
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