CII recommends ban on consummation of underage marriages

ISLAMABAD:

The Council of Islamic Ideology (CII) has declared consummation of marriage with underage girls a punishable offence and recommended the government introduce suitable legislation to ban such practices. “It is essential to impose a legal ban on this practice and to punish the guilty,” CII’s Chief of Research Directorate Muhammad Ilyas Khan told The Express Tribune.

According to Islamic injunctions, underage marriage is permissible, though its consummation is forbidden before the bride attains puberty, Khan said.

The CII had declared underage marriage unlawful in its 195th session on May 21, 2014 while reviewing the Child Marriage Restraint Act 1929. According to this law, child marriage is an offence punishable with a fine of Rs1,000 and an imprisonment of one month. Under the same law, the minimum age for marriage is 18 years for males and 16 years for females.

“Islamic laws allow a child to annul his/her marriage after attaining puberty if it was arranged by a close relative other than father or grandfather,” Khan added. Even a marriage arranged by a father or grandfather, but with mala fide intention, could be abolished by the bride and bridegroom after attaining puberty. A child girl who was married by her father to a person of questionable character also has the right to annul it. The sale and purchase of girls for marriages, even by fathers and grandfathers or any other family member, is strictly un-Islamic, said Khan, while giving details of CII’s decision.

Keeping in view such Islamic principles, forced girls’ marriages like Sawara, Sansiti and Vani have already been declared un-Islamic by the CII. Forced marriages of girls under centuries’ old customs are usually to resolve blood feuds. Such forced marriages are often decided by Jirgas or panchayats which are self-styled councils of elders from local communities. They convene informal courts to adjudicate disputes.

The CII official said that the age of puberty varies for each individual, but it is the responsibility of the bride’s parents to send their daughter to the house of her husband after the Nikah only when the girl attains the age of puberty.

The Punjab government has recently defied the CII by enacting The Punjab Child Marriage Restraint Act, proclaiming child marriage as a punishable offence. In accordance with the new law that came into effect with an amendment in the Child Marriage Restraint Act 1929 by the Punjab Assembly, parents of a child bride and bridegroom, along with the Nikah Khawan and Nikah Registrar (those who solemnize the marriage) will be punished with six-months imprisonment and a fine of Rs50,000 for violation of the act .

Meanwhile, a senior member of the CII, requesting anonymity, told The Express Tribune that the council has taken notice of the passage of The Punjab Child Marriage Restraint Act.

According to the 1973 Constitution, relevant laws and procedure, national parliament and provincial assemblies are barred from any legislation against the Holy Quran and Sunnah. The Punjab government has decided to file a reference before the council, seeking its advice on the new legislation soon, the CII official added. “The Punjab government took the decision after it came to know about CII’s decision in favour of child marriage last year.”

Published in The Express Tribune, March 14^th, 2015.