ISLAMABAD – A petition has been filed in the Federal Shariat Court seeking to nullify the recently enacted Child Marriage Restraint Bill 2025, arguing that it is both unconstitutional and in conflict with Islamic teachings.
The legal challenge was submitted by a citizen, Shehzada Adnan, through his counsel Advocate Mudassar Chaudhry, naming the Ministry of Interior and its secretary as respondents. The petition targets the bill’s provision that sets the minimum legal age of marriage for girls at 18 years in the Islamabad Capital Territory.
The petitioner contends that the legislation contradicts the Quran, Sunnah, and Hadith, and claims that Islamic jurisprudence does not mandate a specific age for marriage. He argues that criminalizing child marriage — particularly with penalties involving imprisonment with hard labor — violates both the Constitution and Islamic principles, asserting that “the state has no right to criminalize what is not forbidden in Islam.”
According to the petition, the law infringes upon the religious freedoms of Muslim citizens and imposes unjust punishment for a practice that, in the petitioner’s view, is religiously permissible. He requested the court to declare the law null and void and to bar law enforcement agencies from registering cases under it.
The legislation, which came into effect after being signed by President Asif Ali Zardari on May 30, was hailed by child rights advocates as a landmark step in protecting minors and aligning Pakistan with international human rights standards. The bill was initially introduced as a private member’s initiative by PPP MNA Sharmila Faruqui and passed by Parliament before receiving presidential assent.
However, the bill has drawn criticism from religious circles. The Council of Islamic Ideology (CII), Pakistan’s top religious advisory body, has opposed the legislation, calling it incompatible with Sharia. In a statement issued last month, the council said setting a minimum marriage age of 18 “contradicts Islamic principles,” and criticized the proposed punishments as being inconsistent with religious teachings.
The CII also rejected a similar bill introduced in Khyber Pakhtunkhwa, arguing that labeling underage marriage as abuse is not in accordance with Islamic injunctions. The council further noted that neither bill was referred to it for review prior to being debated in the legislatures.
The Federal Shariat Court is expected to hold hearings in the coming weeks. The case could have far-reaching implications for the future of child protection laws in Pakistan and their compatibility with religious interpretations.
