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

APTA Seeks Early Regularisation of Primary Teachers

PESHAWAR: All Primary Teachers Association (APTA) Khyber Pakhtunkhwa president Azizullah Khan has urged the provincial government to complete the regularisation of 14,000 teachers at the earliest and implement its decision to upgrade primary school teachers. Talking to reporters here on Friday, he said a separate directorate for primary education was…

Reducing the burden

PAKISTAN’S students do not need voluminous textbooks especially in the early stages; they need better learning. The Punjab government’s decision to revise the curriculum from pre-primary to Grade 5, reduce textbook volume by 25pc, and shift students away from rote learning is therefore a welcome step. The current education system…
textbook load reduced

New Primary Curriculum to Cut Textbook Burden by 25pc

LAHORE: The Punjab government on Thursday approved a new curriculum from Early Childhood Care and Education (ECCE) to Grade 5 for implementation from the academic year 2027, with the authorities claiming that the revised syllabus would reduce the burden of textbooks and shift students away from rote learning. The approval…

Polio’s Stubborn Pockets

PAKISTAN enters its latest polio campaign in a better position than it did a year ago. Only four cases have been reported so far in 2026, compared with 31 last year. That is real progress, but it would be a mistake to read too much into the decline. As vaccinators…
Go toTop