Photonews Logo Photonews logo
  • Home
  • Pakistan
    • Punjab
    • Sindh
    • Khyber Pakhtunkhwa
    • Azad Jammu Kashmir
    • Balochistan
    • Gilgit – Baltistan
  • World
  • Business
  • Entertainment
  • Videos
    Zayn Malik
    Videos

    Zayn Malik Releases Die For Me Music Video Ahead of New Album

    February 6, 2026 3 Min Read
    Masters of the Universe teaser
    Videos

    Masters of the Universe Teaser Reveals Nicholas Galitzine as He-Man

    January 22, 2026 3 Min Read
    Bridgerton Season 4 trailer
    EntertainmentVideos

    Bridgerton Season 4 Trailer Reveals Benedict’s Love Story

    December 26, 2025 2 Min Read
  • Sports
  • Technology
  • Offbeat
  • Blog
  • Contact
Reading: IHC Rules on Child Marriage, Calls for Reforms in Pakistan
PhotoNews PakistanPhotoNews Pakistan
Font ResizerAa
Search
  • Home
  • Pakistan
    • Punjab
    • Sindh
    • Khyber Pakhtunkhwa
    • Balochistan
    • Azad Jammu Kashmir
    • Gilgit – Baltistan
  • World
  • Business
  • Entertainment
  • Videos
  • Sports
  • Technology
  • Offbeat
  • Blog
  • Contact
Have an existing account? Sign In
Follow US
© 2022 Photonews. All Rights Reserved.
Islamabad High Court Imran Khan £190 million appeal
PhotoNews Pakistan > Pakistan > IHC Rules on Child Marriage, Calls for Reforms in Pakistan
Pakistan

IHC Rules on Child Marriage, Calls for Reforms in Pakistan

Web Desk
By Web Desk Published October 1, 2025 6 Min Read
Share
Islamabad High Court (IHC)Emblem featuring IHC building.
SHARE

The Islamabad High Court has disposed of a writ petition concerning an underage marriage. It has also made broad recommendations for legislative reforms regarding child marriages in Pakistan.

Justice Muhammad Azam Khan issued a detailed judgment in a case filed by petitioner Muhammad Riaz. He sought the return of his wife, Madiha Bibi, after her family members took her from his home. The couple married on May 30, 2025, at the Tehsil Courts Complex in Taxila, despite opposition from the woman’s family.

The case centered on a factual dispute regarding Madiha’s age. The marriage certificate (Nikahnama) recorded her age as “almost 18 years.” However, a birth certificate produced after the marriage indicated that she was born on September 15, 2009. This made her only 15 years old. The discrepancy led to a contested question of fact. It would typically require evidence and adjudication by a competent forum. In court, Madiha expressed that she married of her own free will and wished to remain with her husband. She declined to return to her parents. Justice Khan allowed her to reside with the petitioner. The ruling stated that the Islamabad Child Restraint Marriage Act of 2025 does not invalidate such marriages but instead punishes those who facilitate them.

The judgment addresses a legal contradiction in Pakistani law. Under Islamic jurisprudence, a marriage is considered valid if both parties have attained puberty. This is traditionally presumed to occur at around 15 years of age. It also requires free consent, regardless of statutory age requirements. However, according to the Islamabad Child Restraint Marriage Act of 2025, any marriage involving a person under 18 is criminalised. It carries penalties for the adult party and facilitators. Notably, the law does not explicitly declare such marriages void. Justice Khan referenced several Supreme Court and High Court precedents. These precedents establish that while child marriages constitute criminal offences, they are not rendered invalid under Islamic law.

Read: Islamabad Reports 68 Child Abductions, Low Conviction Rates in 2024

The judgment quoted a 1970 Supreme Court case, Mauj Ali. That case held that a marriage is valid under Muhammadan Law when a girl has attained puberty and married of her own free will. This entitles the husband to her custody, despite potential criminal liability under the Child Marriage Restraint Act. The court invoked the Enforcement of Shariah Act of 1991. This act affirms that Shariah is the supreme law of Pakistan and mandates that laws be interpreted consistently with Islamic principles when multiple interpretations are available. Justice Khan argued that without explicit statutory language declaring child marriages void, Islamic principles must prevail in determining their validity.

The judgment expressly disagreed with a 2022 Islamabad High Court decision in Mumtaz Bibi. That decision stated that child marriages are void ab initio, as they violate Sections 375 and 377A of the Pakistan Penal Code, which deals with rape and sexual abuse. Justice Khan contended that declaring such marriages void would create significant complications regarding the legitimacy of children born from these unions. It would also affect the recognition of spousal rights. Additionally, it would potentially expose minors to honor-based violence, family abuse, and social stigma. The court distinguished consummation within a valid marriage from the exploitative acts that rape laws aim to penalize. It emphasized that the lawful relationship and consent inherent in marriage fundamentally alter the legal analysis.

However, Justice Khan acknowledged the troubling consequences of this legal position. The court recognized that validating child marriages while criminalizing them weakens the deterrent effect of protective legislation. It risks normalizing the exploitation of minors. The judgment highlighted that early marriages often lead to forced pregnancies, poor reproductive health, and domestic violence. There is denial of education and lifelong socio-economic marginalisation. This is particularly true for girls in rural and underprivileged communities. The court emphasized that the real dilemma arises when a child, who may have attained puberty, lacks ‘rushd’ or mental maturity. This lack impairs their ability to understand or bear the responsibilities of marital life. Validating such marriages can lead to severe and irreversible consequences, including physical harm, psychological trauma, and vulnerability to abuse or exploitation.

Recognizing these irreconcilable contradictions, Justice Khan issued seven urgent recommendations to the federal government. The court directed that all Guardian Courts, Family Courts, and courts exercising jurisdiction under Section 491 must engage Child Protection Officers under the Islamabad Child Protection Act of 2018. They are to conduct statutory welfare assessments before determining the custody, care, or marital status of minors. These assessments should evaluate the attainment of puberty, the voluntariness of consent, and a medical examination to assess bone age. Additionally, they should consider socio-economic background and the character and age of the parties involved.

TAGGED:Featured
Share This Article
Facebook Twitter Pinterest Whatsapp Whatsapp LinkedIn Email Copy Link Print
Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Advertisement

Recent Posts

Kiera Thieneman

Dillon Thieneman Draft Reaction Goes Viral During NFL Pick

Claude Mythos AI

Claude Mythos AI Leak Sparks Security Concerns

Eid ul Fitr Holiday

May 2026 Public Holidays Pakistan: 5-Day Break Possible

Post Archives

More Popular from Photonews

Pakistan Green Bonds
Business

Pakistan Eurobond Issuance Upsized to $750 Million

3 Min Read
WhatsApp Meta AI dedicated tab
Tech

WhatsApp Tests AI Chat Summaries for Unread Messages

3 Min Read
Ustad Jan Ali Gilgit Baltistan
Gilgit - Baltistan

What Ustad Jan Ali’s False Death Rumor Teaches Us About Truth

3 Min Read
Sports

World Cup Fans Outraged by Soaring Transit Ticket Prices

Football supporters are furious over World Cup transit ticket prices after reports that public transport fares…

April 18, 2026
World

UK, France Host Strait Of Hormuz Reopening Talks In London

Talks on reopening the Strait of Hormuz entered a new phase on Wednesday, April 22, as…

April 22, 2026
Top NewsWorld

Louisiana Domestic Violence Shooting Kills Eight Children

A Louisiana domestic violence shooting left eight children dead early Sunday in Shreveport, where police said…

April 20, 2026
Sports

Cristiano Ronaldo Marks Bella Esmeralda’s Birthday With Tribute

Cristiano Ronaldo Bella Esmeralda's birthday celebrations were marked by joy and emotion as the football star…

April 20, 2026
PhotoNews Pakistan

Always Stay Up to Date

Subscribe to our newsletter to get our newest articles instantly!

Categories

  • World
  • Pakistan
  • Punjab
  • Sindh
  • Khyber Pakhtunkhwa
  • Balochistan
  • Azad Jammu Kashmir

 

  • Top News
  • Business
  • Entertainment
  • Sports
  • Videos
  • Tech
  • Offbeat
  • Blog
  • About Us
  • Privacy Policy
  • Code of Ethics & Editorial Standards

© 2026 Phototnews
All Rights Reserved.

Welcome Back!

Sign in to your account

Lost your password?