In its verdict, issued by Justice Muhammad Azam Khan, the court emphasised that while child marriage is not void under Shariah law, it remains a criminal offence under Pakistani statutory law, particularly under the Islamabad Child Marriage Restraint Act 2025, which prohibits marriage under the age of 18.

Girl chose to stay with husband

The judgment noted that Madiha Bibi, in her statement, expressed her wish not to return to her parents and instead chose to live with her husband.

The judgment stated that under Shariah, a marriage is valid once a girl reaches puberty and gives her consent, although the country’s statutory law sets 18 as the legal age for marriage.

Age discrepancy

The court pointed out a discrepancy in Madiha’s age: her marriage certificate lists her as about 18 years old, while her NADRA record shows she is only 15.

The ruling refers to the Child Marriage Restraint Act of 1929 and the Muslim Family Laws Ordinance of 1961, indicating the historical and legal framework governing marriage in Pakistan.

The court suggested that underage marriage and criminal laws should be harmonised to eliminate legal contradictions.

It also recommended that Nikah registrars must be prohibited from officiating marriages of individuals under 18.

The court stressed that NADRA’s system should be improved so as to prevent the issuance of marriage certificates without age verification.

The court also called for a launching a public awareness campaign to inform citizens about the harms of underage marriage.