Jamiat Ulema-e-Islam Pakistan (JUI) has challenged the Islamabad Capital Territory Child Marriage Restraint Act, 2025 in the Federal Sharia Court, arguing that several provisions of the law are inconsistent with the Quran, Sunnah and Article 227 of the Constitution.
The Sharia petition was filed by Senator Kamran Murtaza, who requested the court to review and strike down provisions of the legislation that, according to the party, conflict with Islamic jurisprudential principles.
In the petition, JUI stated that Islam strictly prohibits the exploitation and abuse of children and considers their protection an Islamic obligation. However, it argued that the law’s definition of every person below the age of 18 as a “child” is inconsistent with the Islamic concept of puberty (Bulugh), which is regarded in Islamic jurisprudence as the criterion for legal capacity.
The petition further contended that fixing 18 years as the mandatory minimum age for marriage is not in line with Islamic teachings and centuries-old juristic consensus.
JUI-P also objected to the law’s provision prescribing a minimum sentence of two years imprisonment, arguing that mandatory punishments restrict judicial discretion and are contrary to Islamic principles of justice and punishment.
The petition challenged provisions that classify post-marital relations as “child abuse” in certain circumstances, maintaining that such provisions conflict with the Islamic concept of marriage and the rights arising from a valid marital relationship.
The party also raised concerns over provisions that, it said, create a presumption of guilt against parents and guardians, arguing that this contradicts the Islamic legal principle of presumption of innocence.
According to the petition, the law does not provide any judicial exception for extraordinary circumstances, despite the existence of such mechanisms in the legal systems of several Muslim countries.
JUI maintained that some provisions of the Act are inconsistent with Sharia principles relating to the Islamic family system, guardianship (walaya) and marriage.
The petition requested the Federal Sharia Court to review the definition of persons under the age of 18 and the related provisions, incorporate judicial discretion in mandatory sentencing, abolish the presumption of guilt against parents and guardians, and introduce a mechanism allowing judicial permission in exceptional cases.
