Islamabad High Court Allows 15-Year-Old Girl to Live With Husband

The Islamabad High Court (IHC) has permitted a 15-year-old girl to live with her husband, while reiterating that marriages below the age of 18 are an offense under the Islamabad Child Marriage Restraint Act.

Case Background

The case centered around Madiha Bibi, who refused to return to her parents and consistently stated, including during her stay at a crisis center, that she wished to remain with her husband by choice. While her marriage certificate recorded her age as 18, NADRA’s official records confirmed she was only 15.

Shariah vs. Legal Framework

In its ruling, the IHC noted that under Sharia law, marriage is considered valid once an individual reaches puberty and consents. However, the court highlighted that Pakistani law—specifically the Islamabad Child Marriage Restraint Act 2025—criminalizes marriage under 18. The judgment also referenced the Child Marriage Restraint Act 1929 and the Muslim Family Laws Ordinance 1961, stressing the urgent need for consistency across various legal instruments.

Court’s Recommendations

To bridge these gaps, the IHC issued a set of recommendations, including:

• Legal harmonization: Aligning child marriage laws with juvenile and criminal justice frameworks.
• Marriage registrars: Prohibiting nikahkhwans from officiating marriages of individuals below 18.
• NADRA verification: Strengthening the system to prevent issuance of marriage certificates without accurate age verification.
• Awareness campaigns: Launching initiatives to educate the public on the risks and legal consequences of child marriage.

Directives for Implementation

The court directed that copies of the ruling be sent to key institutions, including the Law and Justice Commission, Ministry of Law, Ministry of Human Rights, Ministry of Interior, the Islamabad Chief Commissioner, NADRA, the Council of Islamic Ideology, and family court judges.

Striking a Balance

Concluding its judgment, the IHC emphasized the need for a legal framework that both respects religious values and safeguards children’s rights. The court made clear that while Sharia allows marriage after puberty, the state carries the duty to prevent underage marriages through robust legislation and enforcement.