A decision by the Islamabad High Court in Pakistan has sparked widespread debate across the country. Judge Muhammad Azam Khan ruled that a 15-year-old girl should be allowed to live with her husband. The case revolved around the marriage of a minor, leading the court to address the conflict between religious law and government regulations. The ruling permits the 15-year-old girl to reside with her husband.
The case involves a girl named Madiha Bibi. According to the National Database and Registration Authority (NADRA) records, she is 15 years old. However, her marriage certificate indicates her age as approximately 18. Madiha stated in court that she does not wish to separate from her husband. Even when sent to a crisis center, she insisted, “I will stay with my husband.” Islamic Sharia law considers a marriage valid if a girl has reached puberty and consents to the marriage. However, the Islamabad Child Marriage Restraint Act 2025 explicitly states that marriage under the age of 18 is a crime, creating a conflict between religious and legal interpretations.
Justice Khan’s 24-page ruling states that, according to Sharia law, the marriage is valid, but government law considers it a crime. The court acknowledged the significant discrepancy between religious and legal viewpoints on this matter. The court also stated that the time has come to harmonize all laws related to marriage, minors, and crime. Furthermore, the court directed nikah registrars to avoid registering marriages of individuals under 18. The court also issued several orders to the government:
1. Strengthen NADRA’s system to prevent marriage certificates from being issued without proper age verification.
2. Conduct large-scale campaigns to educate people about the harms and consequences of child marriage.
3. Send this decision to the Law and Justice Commission, the Council of Islamic Ideology, and other important government offices.
