LHC Rules Marriage is Valid if Person is Past Puberty, even below Legal Age

1 min read

The Lahore High Court has ruled that under Islamic law, a marriage contracted after attaining puberty is valid, even if the individual is below the age set in the Child Marriage Restraint Act, 1929. In Punjab, the minimum marriage age is 18 for males and 16 for females.

Justice Tariq Mahmood Bajwa delivered the ruling while dismissing a petition filed by a father seeking to recover his 15-year-old daughter. The father claimed his daughter, aged 15 years and 8 months, was in the illegal custody of Mudassar Ali and his family.

Earlier, the police reported they could not recover her, but she was produced before the court during the latest hearing. The girl told the court that she was not being detained, had reached puberty, and had married Ali by her own choice. She also said she wanted to live with her husband.

The court noted that no evidence challenged her claim of puberty. The father’s lawyer argued that under Section 2(a) of the Child Marriage Restraint Act, a female under 16 is legally a child.

However, the court examined the history of the law, noting it was enacted during British rule to restrict child marriages but did not make such marriages void. Later amendments raising the legal age also did not invalidate marriages below that age.

Citing the Federal Shariat Court’s 2022 ruling in Farooq Omar Bhoja vs. Federation of Pakistan, the LHC observed that while the state can set a minimum marriage age, marriages below that threshold are not automatically void.

Under Islamic law, the court explained, two conditions govern marriage: sound mind and attainment of puberty. Puberty is a biological milestone that can be proven with evidence but is generally presumed at age 15. Earlier attainment is also recognised.

Referring to DF Mulla’s Principles of Mohammedan Law, the court said that since the girl was 15 years and 8 months and confirmed her maturity, she was legally competent to marry.

The court concluded that Islamic scholars recognise puberty as the transition from childhood to adulthood. Based on this, the petition was dismissed, and the girl’s wish to remain with her husband was upheld.

News Published in Express Tribune on September 25, 2025.

Previous Story

Flood Victim Girl goes Missing from Pir’s Mansion

Next Story

Peshawar High Court stays Deportation of Afghan Refugee married to Pakistani Woman

Latest from Blog

IHC Seeks Answers on Action under ‘Zainab’ Child Protection Law

ISLAMABAD: More than five years after the passage of a landmark child protection law, key provisions of the Zainab Alert, Response and Recovery Act, 2020 — including the agency meant to issue rapid alerts for missing children — remain unimplemented, the Islamabad High Court was told on June 4. During the…

Woman, Two Others Arrested for ‘Selling’ Girl in Swabi

SWABI: The police on 3rd June recovered a girl, who was allegedly sold for Rs50,000 to a man from Punjab, and arrested three accused. The incident occurred in the Chota Lahor tehsil, the police said, adding that the girl’s father, Ayaz Khan, was reportedly kept in the dark about the…

Conviction Rate in Rape Cases in Sindh Climbs to 22pc in Five Years

• Official report links legal reforms, specialised investigation units and gender-based violence courts for sharp increase • Police cite better evidence handling and coordination with medico-legal officers; majority of cases still end in acquittals KARACHI: The conviction rate in rape cases in Sindh rose to 22 per cent in 2025…

KP to set up 72 Chief Minister Model Schools

PESHAWAR: Khyber Pakhtunkhwa Chief Minister Sohail Afridi has directed the education department to immediately initiate work on the legal framework for the construction of 72 Chief Minister Model Schools across the province. He stated this while chairing a meeting on the initiative, which is part of the government’s education reform…

SC Upholds Death Sentence Awarded to Child Rapist, Killer

ISLAMABAD: The Supreme Court has upheld a sentence awarded to a child rapist and a murderer, ruling that individuals who voluntarily become intoxicated cannot claim exemption from criminal liability. “Intoxication caused by one’s own negligence or recklessness does not excuse the offence,” affirmed Justice Muhammad Hashim Khan Kakar in a…
Go toTop