A petition has been filed in the Federal Shariat Court challenging the Punjab Child Marriage Restraint Ordinance 2026, which establishes 18 as the minimum legal age for marriage and classifies underage marriage as a non-bailable criminal offence. The petition was submitted by Mufti Muhammad Aslam through his lawyer, Advocate Mudassar Chaudhry.
Petition's Core Arguments
The petition contends that several key provisions of the ordinance are in conflict with the Constitution of Pakistan and fundamental Islamic principles. It argues that while the state has the authority to legislate on administrative matters, it cannot enact laws that directly contradict Shariah law. The petitioner has requested the court to declare the relevant sections of the ordinance invalid and to suspend its implementation until a final verdict is issued.
Background of the Ordinance
The Punjab Child Marriage Restraint Ordinance 2026 was introduced earlier this year with the aim of setting 18 as the minimum marriage age for both boys and girls. It also seeks to strengthen legal measures against child marriage by making underage marriage a non-bailable offence, thereby increasing the severity of punishment for violators.
Legal and Religious Implications
According to the petitioner, the ordinance violates the Islamic legal principle that a person who has reached puberty is eligible for marriage. The petition argues that fixing a uniform age of 18 disregards variations in physical and mental maturity as recognized in Islamic jurisprudence. It further claims that the ordinance interferes with the personal law of Muslims, which is protected under the Constitution.
The Federal Shariat Court has been asked to examine the ordinance's compatibility with the injunctions of Islam as laid down in the Holy Quran and Sunnah. The petitioner also seeks a stay order to prevent the enforcement of the law until the court delivers its final judgment.
Reactions and Next Steps
The challenge has sparked debate among legal experts, religious scholars, and human rights activists. Supporters of the ordinance argue that it is a necessary step to protect children from early and forced marriages, which often lead to negative health, educational, and social outcomes. Opponents, however, view it as an overreach of state authority into religious matters.
The Federal Shariat Court is expected to hear the petition in the coming weeks. The outcome could have significant implications for child marriage legislation across Pakistan, as similar laws exist in other provinces.
