The recently enacted bill against child marriages has been challenged in the Federal Shariat Court on the grounds of being “unconstitutional” and “un-Islamic.”
The petition was filed by citizen Shehzada Adnan through Advocate Mudassar Chaudhry, naming the Ministry of Interior and its secretary as respondents. The petitioner argues that the law contradicts Islamic teachings, claiming it was enacted against the injunctions of the Holy Quran, Sunnah, and Hadith. The plea cites several Quranic verses and asserts that the legislation violates principles established in Islamic jurisprudence.
The petition also objects to the punishment prescribed in the law—imprisonment with hard labor—calling it excessive and inconsistent with both the Constitution and Islamic principles. The petition states,
The state has no right to criminalize what is not forbidden in Islam. The imposition of harsh punishments and legal restrictions on marriage violates the religious rights of citizens.
The petitioner has requested the Federal Shariat Court to declare the Child Marriage Restraint Bill 2025 null and void, and to issue a restraining order preventing law enforcement agencies from registering cases under the law.
President Asif Ali Zardari signed the Islamabad Capital Territory Child Marriage Restraint Bill 2025 into law on May 30, following its passage by parliament. The bill, introduced as a private member’s initiative, is seen as a significant step toward protecting children’s rights in Pakistan and aligns with international human rights standards.
However, the Council of Islamic Ideology (CII) has also rejected the ban on underage marriage, declaring it contrary to Islamic principles. In a statement issued after a recent meeting chaired by CII Chairman Raghib Hussain Naeemi, the council said that setting a legal age limit for marriage contradicts Sharia and described the bill’s provisions, including punishments for underage marriage, as inconsistent with Islamic teachings.
The CII further criticized the Khyber Pakhtunkhwa government’s ‘Ban on Marriage of Children Bill 2025’, reiterating that declaring marriage under the age of 18 as abuse is not in line with Islamic injunctions. The council also noted that the bill was not referred to it for review before being proposed in parliament.
The Federal Shariat Court is expected to hear the petition in the coming weeks.