The Superior Court of Islamabad has allowed a 15 -year -old girl to live with her husband, ruling that “while minors marriage is valid under Shariah, it is considered a crime under Pakistani law.”
Judge Muhammad Azam Khan issued the detailed trial in the case of Madiha Bibi, who had married his own election.
In his statement to the Court, Madiha said she did not want to return with her parents and confirmed her desire to stay with her husband. The court pointed out that even during her stay in a crisis center, she constantly expressed her preference to live with him by her own will.
The sentence explained that under Shariah, marriage after puberty with consent is valid. However, the Islamabad 2025 Child Marriage Restriction Law criminalizes marriage under 18.
The court observed that, although Madiha’s marriage certificate registered his age of approximately 18 years, Nadra’s official records confirmed that he was 15 years old at the time of his marriage.
In its verdict, the court made several recommendations to the government. He requested reforms in the NADRA system to ensure that marriage certificates are not issued without proper age verification.
In addition, he recommended that marriage registrars be prohibited from performing 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 minor marriage, and requested the harmonization of marriage, criminal and child protection laws to eliminate contradictions.
The judgment also cited the Children’s Marriage Restriction Law of 1929 and the Ordinance of Muslim Family Laws 1961.
The copies of the decision were ordered to be sent to the Pakistan Law and Justice Commission, the Ministries of Law, the Human and Interior Rights, the Chief Commissioner of Islamabad, the Director General of Nadra, the Secretary of the Council of Islamic Ideology, as well as District, Family and Guardian Courts.
The court concluded that the effective application of these measures is essential to prevent minor marriages and safeguard the rights of minors in Pakistan.
