The Islamabad High Court has allowed a 15-year-old girl to live with her husband, ruling that “while underage marriage is valid under Shariah, it is considered a crime under Pakistani law.”
Justice Muhammad Azam Khan issued the detailed judgment in the case of Madiha Bibi, who had married of her own choice.
In her statement to the court, Madiha said she did not wish to return to her parents and confirmed her desire to remain with her husband. The court noted that even during her stay at a crisis centre she consistently expressed her preference to live with him of her own free will.
The judgment explained that under Shariah, marriage after puberty with consent is valid. However, the Islamabad Child Marriage Restraint Act 2025 criminalises marriage under the age of 18.
The court observed that although Madiha’s marriage certificate recorded her age as approximately 18 years, official NADRA records confirmed she was 15 at the time of her marriage.
In its verdict, the court made several recommendations to the government. It called for reforms in the NADRA system to ensure marriage certificates are not issued without proper age verification.
It further recommended that marriage registrars be prohibited from conducting nikah ceremonies for individuals under 18.
The court urged the launch of public awareness campaigns to educate people about the legal consequences and disadvantages of underage marriage, and called for harmonisation of marriage, criminal, and child protection laws to eliminate contradictions.
The judgment also cited the Child Marriage Restraint Act 1929 and the Muslim Family Laws Ordinance 1961.
Copies of the decision were ordered to be sent to the Law and Justice Commission of Pakistan, the ministries of Law, Human Rights, and Interior, the Chief Commissioner of Islamabad, the Director General of NADRA, the Secretary of the Islamic Ideology Council, as well as judges of district, family, and guardian courts.
The court concluded that effective enforcement of these measures is essential to prevent underage marriages and safeguard the rights of minors in Pakistan.
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