May 39, 2025
By Rehan Piracha
LAHORE
Despite an uproar by the Council of Islamic Ideology (CII), President Asif Zardari has approved the Islamabad Capital Territory (ICT) Child Marriage Restraint Bill, making the federal capital and Sindh the only regions in Pakistan where marriage under the age of 18, especially for girls, has been prohibited.
The bill, now and Act, aimed at safeguarding children’s rights and eradicating underage marriages, was passed by both houses of Parliament unanimously and reached the presidency on May 27. It faced fierce opposition from religious groups, with CII arguing that classifying an under-18 marriage as rape, contradicts Islamic law.
In contrast, the National Commission on Child Rights (NCRC), immediately issued a statement denouncing this response while the National Commission on the Status of Women (NCSW), and the Human Rights Commission of Pakistan (HRCP) strongly endorsed the legislation and dismissing the CII’s objections.
Support from rights bodies
The NCSW stated that the ICT bill aligns with constitutional and international human rights standards, setting 18 as the minimum marriage age for both boys and girls. The commission highlighted that Pakistani law already recognizes 18 as the age for obtaining a CNIC, for voting, and for driving—key markers of legal responsibility.
“Marriage is a binding contract that requires maturity,” the NCSW emphasized, citing a 2024 Lahore High Court (LHC) ruling that underscored the disproportionate harm early marriages inflict on girls’ health and rights.
The commission clarified that the law is neither anti-Islamic nor foreign-imposed but a necessary measure to protect children. It urged religious bodies to support the reform, which aligns with Constitutional Articles 25 and 35 and international commitments like the CRC and CEDAW.
Meanwhile, the HRCP condemned the CII’s attempts to block the bill, calling it a “long-overdue legal standard” that shields minors—especially girls—from exploitation. “Framing child protection as un-Islamic undermines fundamental rights,” the HRCP asserted, urging the state to uphold its obligations.
Push for nationwide reform
Umme Laila Azhar, NCSW’s interim chairperson, welcomed the bill’s enactment and revealed that the commission is finalizing a position paper to advocate for a uniform marriage age (18) across Pakistan. Currently, Punjab, KP, and Balochistan permit marriage at 16.
According to Umme Laila, the delay or stalling of the child marriage restraint legislation in Punjab, Khyber Pukhtunkhwa (KP), and Balochistan could be attributed to a combination of legal, political, religious, and administrative factors.
She listed religious opposition and CII reservations as major factors blocking the child marriage restraint legislation in Punjab, KP and Balochistan. “Conservative religious groups often argue that setting a legal age (especially 18 years) contradicts Islamic injunctions, citing puberty as a marker for marriage eligibility,” she explained.
In several cases, the CII has expressed reservations about increasing the minimum age of marriage, reinforcing resistance at the legislative level over the time, she added.
The above resistance from the clergy and the CII consequently has led to political reluctance and lack of consensus among provincial legislators in these provinces. “Influence of tribal and customary practices, Jirgas and tribal systems has always been there especially in parts of KP and Balochistan, local dispute resolution bodies such as jirgas often endorse early marriages as a way of settling disputes or reinforcing alliances,” Azhar noted. These factors lead to weak enforcement of existing child marriage restraint laws in these regions, she added.
ICT legislation model for Punjab: JAC
Irfan Mufti of the Joint Action Committee for People’s Rights, a coalition of 38 NGOs, hailed the ICT law as a “model for Punjab,” which houses half of Pakistan’s population. “The JAC members would be holding meetings with Punjab Chief Minister Maryam Nawaz in coming days to initiate bill in the Punjab Assembly based on the Islamabad Capital Territory Child Marriage Restraint Act,” he told Voicepk.net.
According to Mufti, the ICT Marriage Restraint Act has better protections than the legislation enforced in Sindh. The punishment for facilitating child marriages has been raised to three years from two years in the ICT legislation as compared to two years in the Sindh marriage law, Mufti said.
Under the ICT Marriage Restraint Act, the Nikah registrar would not register a Nikah where bride or groom is below the age of 18 years. In addition, the Nikah registrar is mandated to ensure that both groom and bride possess NADRA’s computerised identity cards clearly stating their date of birth.
The ICT law sets a maximum punishment of three years for a male above 18 years who contracts a child marriage. In addition, the guardian or parent would face a maximum punishment of three years if they promote or solemnise or fail to prevent solemnisation of child marriage. The law establishes that the parent and guardian would deemed to have failed to prevent child marriage unless contrary is proved.
Child marriage remains entrenched in Pakistan, with 1 in 3 girls married before 18, according to the UNFPA. These girls face higher risks of domestic violence, health crises, including fistula, STIs, and maternal mortality, and lost education and autonomy.
Global treaties like the CRC and CEDAW prohibit child marriage, and the 1994 International Conference on Population and Development urged its elimination. With Islamabad’s move, activists hope other provinces will follow.