A petition challenging the Sindh child marriage act was rejected by the Shariat Court.
According to the verdict of the full bench, the injunctions of Islam allow for the establishment of a minimum age for marriage.
ISLAMABAD: The Sindh Child Marriage Restriction Act 2013, which established the minimum age of marriage for both girls and boys in the province at 18 years old, was invalidated by the Federal Shariat Court (FSC) after a petition was filed contesting its legality.
On Monday, a full bench, including the Chief Justice Dr. Syed Muhammad Anwar and Justice Khadim Hussain Shaikh, heard a citizen’s petition.
The petitioner had argued that the Act contravened Islamic tenets and was un-Islamic.
After hearing evidence from both parties, the FSC determined that the Sindh Child Marriage Restriction Act 2013 does not contravene any Islamic or constitutional laws because it complies with Islamic edicts. The court additionally declared that provision 2(a) of the Act is consistent with Islamic teachings that safeguard children’s rights and promote their welfare.
The Sindh Child Marriage Restriction Act 2013 was passed in order to restrict child weddings in the province by establishing a minimum age requirement.
Both men and women must be at least 18 years old to get married under this law.
The FSC held that “setting a minimum age for marriage i.e an act which is “mobah” (permissible) and not absolutely “fard” (mandatory) like marriage is in accordance with the injunctions of Islam, because such fixation of minimum age limit provides reasonable time period to girls to complete basic education at least, which normally helps in developing mental maturity (Rushd / رشد) in a person”.
The ruling stated that setting an age limit for marriage by the state or a government, as done in the challenged law, is not prohibited by Islamic law as set down in the Holy Quran and Sunnah.
“The act of establishing a minimum age for marriage and setting age for an adult eligible to solemnise marriage pursuant to impugned Section 2(a) of the Sindh Child Marriages Restriction Act, 2013 is not against the injunctions of Islam as put down in the Holy Quran and Sunnah,” it added.
