The Superior Court of Lahore has ruled that, according to Islamic law, a marriage contracted after reaching puberty is valid, even if the individual is lower than the age of child marriage restriction, 1929. In Punjab, the minimum age of marriage is 18 for men and 16 for women.
Judge Tariq Mahmood Bajwa issued the ruling as he dismissed a request presented by a father who seeks to recover his 15 -year -old daughter. The father said that his 15 -year -old daughter was under the illegal custody of Mudassar Ali and his family.
Previously, the police reported that they could not recover it, but was produced before the court during the last hearing. The girl told the court that she was not being arrested, had reached puberty and had married Ali by her own choice. He also said he wanted to live with her husband.
The court pointed out that no evidence challenged his puberty claim. The father’s lawyer argued that under Section 2 (a) of the Child Marriage Restriction Law, a woman under 16 is legally a girl.
However, the court examined the history of the law, noting that it was promulgated during the British domain to restrict children’s marriages, but did not make such marriages void. The subsequent amendments that increase the legal age also did not invalidate marriages below that age.
Citing the 2022 decision of the Federal Court of Shariat in Farooq Omar Bhoja vs. Pakistan Federation, the LHC observed that although the State can establish a minimum marriage age, marriages below that threshold are not automatically null.
According to Islamic law, the court explained, two conditions govern marriage: the healthy mind and the achievement of puberty. Puberty is a biological milestone that can be tested with evidence, but is generally presumed at age 15. The previous achievement is also recognized.
Referring to the principles of DF Mulla of the Mohammedan Law, the court said that since the girl was 15 years and 8 months and confirmed her maturity, she was legally competent to marry.
The court concluded that Islamic scholars recognize puberty as the transition from childhood to adulthood. According to this, the petition was fired, and the girl’s desire to stay with her husband was confirmed.
