ISLAMABAD: Jamiat Ulema-e-Islam Pakistan (JUI) has formally contested the Islamabad Capital Territory Child Marriage Restraint Act, 2025, in the Federal Sharia Court, asserting that several clauses of the legislation are incompatible with the Quran, Sunnah, and Article 227 of the Constitution.
The legal challenge was initiated by Senator Kamran Murtaza, who petitioned the court to scrutinize and invalidate parts of the law that, according to JUI, are at odds with Islamic legal principles.
In their petition, JUI emphasized that Islam categorically forbids child exploitation and abuse, considering the safeguarding of children a religious duty. Nonetheless, they argued that defining anyone under 18 as a “child” conflicts with the Islamic concept of puberty (Bulugh), which Islamic jurisprudence regards as the key marker of legal capacity and maturity.
The party further contended that setting the minimum marriage age at 18 does not align with traditional Islamic teachings or long-standing juristic consensus. They also objected to the law’s stipulation of a minimum two-year imprisonment for violations, claiming that such rigid punishments limit judicial discretion and are inconsistent with Islamic notions of justice and proportional punishment.
Additionally, JUI challenged provisions that classify certain post-marriage relations as “child abuse,” asserting that these conflict with the Islamic understanding of marriage and the rights that flow from a valid marital union. They also raised objections to clauses that presume guilt on the part of parents and guardians, arguing this contradicts the Islamic legal principle of presumption of innocence until proven guilty.
The petition highlighted that the law lacks provisions for judicial exceptions in extraordinary circumstances, unlike many other Muslim-majority countries that incorporate such mechanisms into their legal frameworks.
JUI argued that some sections of the Act are incompatible with Shariah principles related to family structure, guardianship (walaya), and marriage laws. They requested the Federal Sharia Court to review and amend the definition of minors under 18, incorporate judicial discretion in sentencing, remove the presumption of guilt against parents and guardians, and establish a system that permits judicial approval for exceptional cases.
The party further called on the court to ensure that the law aligns with the Quran, Sunnah, and well-established principles of Islamic jurisprudence.
