The Jamiat Ulema-i-Islam-Fazl (JUI-F) has filed a petition in the Federal Shariat Court (FSC), challenging the constitutional and Islamic validity of the Islamabad Capital Territory Child Marriage Restraint Act, 2025.
The petition argues that several provisions of the recently enacted law are inconsistent with the injunctions of the Holy Quran and Sunnah and asks the court to declare the disputed sections invalid.
JUI-F questions definition of a child
The petition, submitted through senior counsel Kamran Murtaza, challenges the Act’s definition of a child as any person under the age of 18.
According to the JUI-F, Islamic jurisprudence recognizes puberty (bulugh) as the determining factor for marriage eligibility rather than a fixed age limit. The party argues that the legislation conflicts with established Islamic legal principles by imposing a universal minimum age for marriage.
Petition seeks review of earlier legal reasoning
The petition also requests the Federal Shariat Court to revisit the reasoning adopted in a 2023 judgment.
According to the filing, the earlier decision incorrectly linked mental maturity (Rushd) with the physical capacity to marry. The JUI-F maintains that the two concepts should be treated separately under Islamic jurisprudence.
Proposal for judicial exception
A key request in the petition is the introduction of a judicial exception mechanism within the Child Marriage Restraint Act.
Under the proposed framework, individuals below the age of 18 who have attained puberty and can demonstrate financial capability would be allowed to seek court approval for marriage.
The petition argues that similar legal mechanisms exist in countries including Jordan, Malaysia, and Egypt, where courts may authorize marriages under specific circumstances.
Mandatory punishments also challenged
The JUI-F has also objected to the Act’s mandatory sentencing provisions.
According to the petition, fixed punishments restrict the application of the Islamic principle of ta’zir, under which judges may exercise discretion when determining penalties in certain offences.
The party argues that the legislation should provide greater judicial flexibility in accordance with Islamic legal principles.
Provisions relating to child abuse questioned
The petition further asks the Federal Shariat Court to declare several sections of the Act inconsistent with Islamic injunctions, including provisions that classify consensual cohabitation within a legally valid nikah involving persons below the statutory age as child abuse.
The JUI-F maintains that these provisions require reconsideration to ensure compatibility with Islamic jurisprudence.
Court to decide constitutional challenge
The Federal Shariat Court is expected to examine whether the challenged provisions of the Islamabad Capital Territory Child Marriage Restraint Act, 2025, are consistent with Islamic injunctions as required under Pakistan’s constitutional framework.
The filing marks the latest legal challenge to the legislation, placing the debate over child marriage laws, constitutional interpretation, and Islamic jurisprudence before the country’s highest court for Shariah-related matters.
