Islamabad Child Marriage Law 2025 Under Fire in Sharia Court Petition

The Jamiat Ulema-e-Islam Pakistan has formally challenged the Islamabad Capital Territory Child Marriage Restraint Act, 2025 in the Federal Sharia Court, arguing that several of its provisions are inconsistent with the Quran, Sunnah, and Article 227 of the Constitution of Pakistan.

The petition was filed by the Senator Kamran Murtaza, who asked the court to review and set aside important sections of the law that the petitioner deemed to be contrary to Islamic jurisprudence.

JUI’s Core Legal Arguments

JUI has admitted in its petition that the exploitation and abuse of children is strictly proscribed in Islam and that there is a great weight placed on their protection. The party, however, contended that all minors below 18 constitute a “child” in violation of the Islamic doctrine of puberty (Bulugh) which is generally viewed as the age of responsibility in Islamic jurisprudence.

The petition also had argued that the provision of 18 years as the minimum age for marriage is not in line with the dictates of Sharia or the centuries-old consensus of jurists.

Objections to Sentencing and Legal Structure

JUI also challenged the two-year minimum prison term in the law, stating that such fixed sentences are not reflective of the Islamic principles of justice and stifle judicial discretion.

The petition also challenged the terms of the petition that make certain post marital relations “child abuse” in certain conditions, which the petitioner challenges as conflicting with the Islamic idea of a marriage and the rights that stem from a valid marital contract.

In addition, the party stated that the law raises a presumption against the parents and guardians, which it claims is infringement upon the principle of presumption of innocence in Islam.

Demand for Judicial Review and Exceptions

According to the petition, the law fails to provide judicial flexibility for exceptional circumstances, despite such mechanisms existing in several other Muslim-majority countries.

JUI has urged the Federal Sharia Court to:

• Re-examine the definition of a child under 18
• Introduce judicial discretion in sentencing
• Remove the presumption of guilt against parents and guardians
• Allow judicial permission mechanisms for exceptional cases

The party states that some of the provisions of the Act are not in sync with the Islamic family law, such as guardianship/wilayah and marriage rules.