ISLAMABAD: The Islamabad High Court (IHC) has allowed 15-year-old Madiha Bibi to reside with her husband, ruling that although underage marriage is not invalid under Sharia law, it remains a criminal offence under Pakistani law.
Justice Mohammad Azam Khan issued a detailed judgement, noting that the girl had consistently refused to go with her parents both in court and at the crisis centre, instead expressing her desire to stay with her husband.
The judgement observed that while Nikah after puberty with consent was valid under Islamic principles, the Islamabad Child Marriage Restraint Act 2025 makes marriage below the age of 18 a crime. The court also pointed out discrepancies in the bride’s age records: her Nikah Nama stated she was approximately 18, whereas Nadra records confirmed she was only 15.
Recommending systemic reforms, the court directed the government to harmonise marriage, juvenile and criminal laws, and to strengthen Nadra and Nikah registration system to prevent underage unions. It suggested that marriage registrars be legally bound not to solemnise marriages of individuals under 18, and that marriage certificates be issued only after computerised age verification.
The court further ordered the launch of a nationwide public awareness campaign to highlight the harms of child marriage. References to the Child Marriage Restraint Act 1929 and the Muslim Family Laws Ordinance 1961 were also cited in the judgement.
A copy of the decision has been forwarded to the Law and Justice Commission of Pakistan, the ministries of law, human rights, interior, the chief commissioner Islamabad, DG Nadra, the secretary of the Islamic Ideology Council, as well as judges of the district, family and guardian courts.
Published in Dawn, October 2nd, 2025
