IHC Rules Underage Marriage Not Invalid In Sharia

The Islamabad High Court (IHC) on Wednesday allowed a 15-year-old girl to live with her husband and rules that underage marriage was not invalid in Sharia, but was a crime under the law

ISLAMABAD, (UrduPoint / Pakistan Point News - 1st Oct, 2025) The Islamabad High Court (IHC) on Wednesday allowed a 15-year-old girl to live with her husband and rules that underage marriage was not invalid in Sharia, but was a crime under the law.

The court made recommendations to the government in its decision, saying that the NADRA system should be improved in such a way that marriage certificates are not issued without age verification and marriage registrars should be required not to administer 'nikah' of anyone under the age of 18.

Justice Muhammad Azam Khan of the Islamabad High Court has issued a detailed decision in a case related to underage marriage, in which he allowed Madiha Bibi, a girl who married of her choice, to go with her husband. The court wrote in the decision that Madiha Bibi, in her statement given in the court, expressed her desire not to go with her parents and to live with her husband. Even during her stay at the crisis center, the girl wanted to live with her husband of her own free will.

The court said that although according to Sharia, marriage is valid after puberty and consent but marriage below the age of 18 is a crime under the Islamabad Child Marriage Restraint Act 2025.

The age of the bride was recorded as approximately 18 years in the marriage certificate, while according to NADRA records, she was 15 years old, it noted.

The court decision has recommended that harmony be created in marriage, minor and criminal laws. Marriage registrars should be required not to administer 'nikah' of anyone below the age of 18. The NADRA system should be improved in such a way that marriage certificates are not issued without age verification.

The decision said that an awareness campaign should be launched among the public so that the disadvantages of underage marriage can be avoided. References to the Child Marriage Restraint Act 1929 and the Muslim Family Laws Ordinance 1961 have also been included in the court decision.

The court, while giving recommendations to the government in the decision, also directed to send its copy to all the concerned ministries and family court judges. The court wrote that a copy of this decision should also be sent to the Law and Justice Commission of Pakistan, Ministry of Law, Ministry of Human Rights, Ministry of Interior, Chief Commissioner Islamabad, DG NADRA, Secretary Islamic Ideology Council, District Court, Family Judges and Judges of Guardian Courts.