ISLAMABAD – The Islamabad High Court (IHC) has allowed a 15-year-old girl, to live with her husband.
The court remarked that while early marriage is considered invalid under Pakistani law for those below 18, it is not deemed “invalid” under Islamic Sharia law.
Madiha Bibi had chosen to marry her partner of her own free will.
Justice Mohammad Azam Khan issued the detailed judgment, where he allowed the young girl to stay with her husband, despite her being under the legal age for marriage.
The decision came after Madiha expressed her desire to stay with her spouse both in a statement to the court and during her time at the crisis center, where she reaffirmed her wish to live with him.
The court acknowledged that while the Child Marriage Restraint Act of 2025 prohibits marriage for individuals under 18, the case was nuanced due to the girl’s clear consent and wishes to live with her husband.
The marriage contract showed her age as 18, although official records with the National Database and Registration Authority (NADRA) revealed she was only 15.
In its ruling, the court also made a significant recommendation to the government, urging that NADRA’s system be enhanced to prevent the issuance of marriage certificates without proper age verification.
The court proposed that “Nikah Registrars” be legally bound to refrain from registering marriages involving individuals under 18 years of age.
