Statute and salvation

Express Tribune

2 days ago

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In a moment of historic magnitude and noble resolve, the Parliament of Pakistan has enacted the Islamabad Capital Territory Child Marriage Restraint Act 2025, a legislative triumph in the pursuit of justice, equality and preservation of childhood. By raising the minimum legal age of marriage to eighteen years for both young men and women within the federal capital, this enlightened decree supplants the antiquated ordinance of 1929, a relic of colonial jurisprudence.
This bill, advanced with conviction by the member of the National Assembly, Ms Sharmila Faruqui, and championed with eloquence in the Senate by Senator Sherry Rehman, met stiff resistance from conservative quarters who claimed its incompatibility with religious and cultural tenets. Yet, the force of reason triumphed, notably drawing strength from the province of Sindh, where a similar statute has withstood the test of time since 2014. Even the Council of Islamic Ideology, the highest body of religious deliberation in the land, had previously given its assent to Sindh's reform, thereby rendering obsolete the theological objections to the federal measure.
Under the auspices of the 2025 Act, any nuptial arrangement involving individuals below the age of maturity is henceforth unlawful within the jurisdiction of Islamabad. Nikah registrars are now duty-bound to authenticate the ages of both parties through national identity documents issued by NADRA. Those who dare defy the law — be they officiants, adult men preying upon minors, or conspirators enabling such unions — shall face stringent punishment, including imprisonment of up to three years and pecuniary penalties scaling to one million rupees. More significantly, the law designates all conjugal relations with a minor as statutory rape, regardless of consent or marital sanction.
This legislative deliverance is not merely timely; it is imperative. According to the 2023 Demographic and Health Survey, nearly 28.9 per cent of Pakistani girls are wed before they attain the age of eighteen, while 4 per cent are forced into matrimony before the tender age of fifteen. Such unions, forged in coercion and cloaked in custom, breed domestic violence, maternal mortality and educational deprivation.
Though limited in geographical application, the reverberations of this statute are felt far and wide. It heralds a new era wherein the voice of conscience may triumph over the outdated traditions. Provinces such as Punjab, Khyber-Pakhtunkhwa and Balochistan, where child marriage remains alarmingly prevalent, must now reflect upon their own legislative inertia and consider whether silence in the face of national reform is a tenable position.
A consensus across the republic must now be forged. The provinces must harmonise their legal frameworks with the capital's enlightened statute, thereby affording equal protection to every child beneath the crescent and star. The state must invest in grand campaigns to enlighten families and communities about the grievous costs of premature marriage.
The machinery of justice must be fortified with special courts and trained officers capable of swift intervention and resolute enforcement. Moreover, the nation must extend its hand to those vulnerable girls who stand at the precipice of such fates, offering them the sanctuaries of education, psychological support and shelter. Community leaders should emphasise the importance of every child's dignity and protection
The latest turn in the saga of the bill reveals that the Council of Islamic Ideology has challenged the Act as un-Islamic, and a petition in the Federal Shariat Court now seeks its annulment on constitutional and religious grounds. The bill's landmark move to ban child marriage and set the legal age at 18 marks a major victory for child rights yet faces constitutional challenges and implementation hurdles that will determine its true effectiveness.