JUI-F Challenges Islamabad's Child Marriage Law in Shariat Court
The Jamiat Ulema-i-Islam (JUI-F) has filed a petition with the Federal Shariat Court (FSC) in Pakistan, challenging the constitutional validity of the Islamabad Capital Territory Child Marriage Restraint Act, 2025. The party argues that the law's definition of a "child" as anyone under 18 years old contradicts Islamic principles, specifically the concept of "bulugh" (puberty) as the age of marriageability. Filed in June by senior counsel Kamran Murtaza, the petition seeks to have key provisions declared repugnant to the Quran and Sunnah.
The JUI-F's petition contends that a previous FSC ruling on March 6, 2023, which upheld an 18-year minimum marriage age, was made "per incuriam." This earlier judgment, while citing child welfare and education, allegedly conflated the concept of "Rushd" (mental maturity) with marriageability, a point the JUI-F argues is a misinterpretation of Islamic jurisprudence, particularly the Hanafi school of thought. The petition requests the FSC to overrule or reconsider the reasoning in the 2023 Ali Azhar case regarding this conflation.
Furthermore, the JUI-F seeks to amend the Act to define "child" as someone who has not attained puberty, which can be indicated by physical signs or, by age 15 according to the Hanafi school. They also propose incorporating a judicial exception mechanism, similar to laws in Jordan, Malaysia, Egypt, and Tunisia, allowing marriages below 18 with court permission under exceptional circumstances. The petition also challenges mandatory minimum sentences for marriage-related offenses, arguing they lack judicial discretion and conflict with Islamic principles of "ta'zir" (discretionary punishment) and "adl" (justice).
This legal challenge by the JUI-F centers on the interpretation of Islamic law concerning the age of marriage, specifically within the context of Pakistan's secular legislation. The core of the dispute lies in reconciling the statutory age of majority (18) with religious interpretations of puberty as the determinant for marriageability. The petition's strategy appears to be leveraging the Federal Shariat Court's mandate to review laws against Islamic injunctions, aiming to influence legislative definitions and judicial discretion. By referencing established Islamic jurisprudence and comparative legal practices from Muslim-majority nations, the JUI-F seeks to establish a legal framework that accommodates traditional interpretations while potentially allowing for judicial oversight in exceptional cases. This case highlights the ongoing tension between evolving societal norms, international human rights standards, and deeply rooted religious interpretations within legal systems, posing questions about the balance between state sovereignty, religious freedom, and the protection of minors in the digital age.
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