The Federal Shariat Court, the country’s top court on Islamic laws, has given two verdicts in the week which should be highlighted and end the long-held debate on the controversial topics.
In the first edict, the court declared the tribal custom of swara (or vani) as un-Islamic. It observed that the tradition of giving way girls in marriage, particularly a minor, to settle personal disputes including murder was against the injunctions of Islam. The archaic custom is of arranged or forced child marriage is often decided by tribal elders and is considered a grave human rights violation.
In another landmark verdict, the Federal Shariat Court has ruled that setting a minimum age limit for marriage was not against the tenets of Islam. The Child Marriage Restraint Act (CMRA) has set the minimum age for marriage for both boys and girls. The court maintained that apart from physical health and economic stability, mental health and intellectual development are also important for a healthy marriage which can be achieved by acquiring an education.
The court stated that education is fundamental for women empowerment as it is the key to a prosperous nation. According to the teaching of Islam, providing the best education to a girl child or a daughter is one of the best deeds for a person. It stated that setting a minimum age for marriage is not prohibited as many Islamic countries have such laws.
The verdict should end the debate on setting a minimum wage for marriage. It should also receive the endorsement of other religious scholars, while politicians should also support the decision. Sindh is the only province that has set the minimum age for marriage at 18 for both boys and girls. Other provinces have failed to follow suit and legislation has faced controversy and is often not ratified.
Child marriage is caused by gender inequality, poverty, social norms, and insecurity. It has devastating consequences for the physical and mental well-being of young girls. Child marriage is a human rights violation and deprives a girl of a future and leads to a dangerous cycle of servitude and harm. Many religious clerics and politicians have supported this practice endemic to our society. We need to end the practice and guarantee a girl’s right to a fair, more secure and prosperous future for all of us.
