Recognising Child Marriage

1 min read

A sessions court in Karachi last week found an adult, who had married a minor, guilty under the Sindh Child Marriage Restraint Act 2013, sentencing him to two years in prison alongside a Rs25,000 fine. The court, however, declared that convictions under the Act do not nullify the validity of a nikkah involving a minor. In Sindh, the minimum legal age for marriage for both males and females is 18. This means that while an adult can be prosecuted for marrying a minor, the marriage itself remains valid.

This legal inconsistency has previously been questioned by the Islamabad High Court, which found it nonsensical to recognise a child marriage as a valid contract. It argued that since the marriage with an underage child constitutes an illegal criminal offence — statutory rape under the Pakistan Penal Code — the contract should be void. Consequently, the Islamabad Capital Territory Child Marriage Restraint Bill 2025 prohibits cohabitation resulting from a child marriage.

While a criminal court only extends its jurisdiction to criminal offences, and the right to recognise or nullify a marriage rests with family courts, this ruling fails to recognise legal inconsistencies between criminalisation and continued legal recognition. Criminal punishment then risks becoming symbolic, avoiding a conclusive legal position on whether the state supports marriage under 18. Nor does the ruling meaningfully guide family courts on assessing a nikah’s validity following a conviction.

Legal inconsistencies are wrought in the country’s legal framework, as the minimum legal age for marriage is not uniform across different provinces. Balochistan and K-P recognise 18 as the minimum age for males and 16 for females, while the rest of the country recognises 18 for both sexes. Legal rulings surrounding child marriage are desperately in need of clarity that ultimately protects the well-being of children and reduces harm to minors.

Editorial Published in Express Tribune on January 6, 2025.

Previous Story

APNA Maternal and Child Health Clinic inaugurated

Next Story

Five held for Gang-rape, Torture of Teen Girl

Latest from Blog

Private School Associations give Province-wide Strike Call in Sindh for 9th

KARACHI: All private schools and colleges in Sindh will remain closed on January 9 after the Grand Alliance of Private Sch­ools Associations anno­unced a complete strike against the involvement of the Anti-Corruption Esta­blishment (ACE) in their affairs. In this regard, the association leaders Haider Ali, Shahzad Akhtar, Tariq Shah, Anwar…

Five held for Gang-rape, Torture of Teen Girl

KHANEWAL: Police claimed to have arrested five men, including the primary suspect, for the alleged abduction, gang rape and torture of a 15-year-old girl over several days. The victim was also subjected to an acid attack before being dumped, semi-naked, in a street. Police said that as per the victim…

APNA Maternal and Child Health Clinic inaugurated

Rawalpindi: The APNA Foundation, working under the aegis of the Association of Physicians of Pakistani Descent of North America (APNA), has formally inaugurated a state-of-the-art APNA Maternal and Child Health Clinic in Chakwal, marking a significant milestone in the development of healthcare services in the region, says a press release.…

Water tanker Kills Seven-year-old Boy in Manghopir

Police in the Manghopir neighbourhood of District West arrested a water tanker driver for allegedly crushing a minor boy to death on 5 January. According to the police, the accused was driving at high speed when he struck seven-year-old Arif, son of Ghulam Abbas, who was present on a street…

Suspect held for Killing Woman, her Three Kids

KARACHI: Police on January 4 claimed to have arrested a man for his alleged involvement in killing a woman and her three children. Partially decomposed bodies of Anila, 35, her two sons, Husain Ali, 12, and Konain Ali, 10, and daughter Kishwara Zehra, 13, were found in a pit off…
Go toTop