A petition has been submitted to the Federal Shariat Court (FSC) seeking to invalidate provisions of the Punjab Child Marriage Restraint Ordinance, 2026, which set the minimum age for marriage at 18 years, on the grounds that they are repugnant to Islamic law.
Petitioners and Respondents
The petition was filed by Mufti Aslam through his counsel, Advocate Mudassar Chaudhry. It names the Governor of Punjab, through the Secretary, along with other relevant authorities, as respondents.
Legal Arguments
According to the petition, Sections 2(d) and 3 of the Punjab Child Marriage Restraint Ordinance, 2026, are contrary to the Constitution of Pakistan and the injunctions of Islam. The petitioner argues that these provisions unlawfully restrict the right to marry, which is protected under Islamic jurisprudence.
The petition contends that Islamic law does not prescribe a fixed age for marriage but rather considers factors such as puberty and mental maturity. By imposing a blanket minimum age of 18, the ordinance allegedly overrides religious principles and parental authority.
Potential Impact
If the FSC rules in favor of the petitioner, it could nullify the minimum age requirement in Punjab, potentially allowing child marriages to resume under Islamic law. The case highlights ongoing tensions between progressive legislation and religious interpretations in Pakistan.
