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The issue of underage marriage of a girl is always under discussion in Pakistan. Recently, a 16-year-old named Sawera Falak Sher ran away and got married, after which her parents had filed a case against her daughter in the Islamabad High Court.
The court took note of the incident and ruled that no girl under the age of 18 can get married while the girl’s parents cannot get her married before the age of 18. Under the ruling, the court ordered 16-year-old Falak to be returned to his parents.
What is marriage?
Marriage is a Sunnah duty and also a necessity because a human has many such desires and there are some social requirements for which marriage is very important. How long can a person live alone? At some point in his life, he needs a loving, caring, and compassionate partner for whom there is no better way than marriage.
Medical experts and marriage
Regarding marriage, medical experts say that after puberty, since the girl has only undergone physical changes but she is still too young to have a relationship, it is better not to get her married.
Regarding marriage, many doctors forbid parents to marry their daughters before the age of 18, while some say that a girl should be married after the age of 20 because they believe that underage girls’ health is endangered due to marriage and having children at an early age and a child is healthy only when his mother is healthy.
Medical experts also said that about 70 percent of women in Pakistan suffer from anemia, a major reason for which is early marriage and having children immediately after marriage.
Islam and marriage?
Islam has a very different opinion about marriage. It clearly states that a girl should get married as soon as she reaches puberty.
Regarding marriage, the Prophet (PBUH) said: “Whoever of you is able to bear the burden of family (non-maintenance) should get married, because marriage is a protection of the lower eye and the private parts. I have a special involvement and whoever does not have the power should fast.
In another hadith, the Holy Prophet (PBUH) has said, “Whoever does not get married in spite of the requirements of the soul, then he is out of our way.”
If we study the life of the last Holy Prophet (PBUH), then he too had married Hazrat Ayesha at the age of 9 years and had her ruksati at the age of 12 years.
Law and marriage
The Islamabad High Court recently issued a judgment regarding underage marriage that any person who is under 18 is considered as a child as per law.
Such a child needs care from a parent, guardian, or person appointed by the state to take care of them. The marriage contract with such a child cannot be attributed.
Furthermore, Justice Babar Sattar in his detailed judgment further stated, “No girl under the age of 18 is considered eligible to marry of her own free will while the parents of the girl cannot marry her before the age of 18.”
“Biologically, puberty is 18 years old, but physical changes are not legal before 18 years of age,” he said.
Stress on parents
The Islamabad High Court’s statement has added to the anxiety of parents who think of marrying off their daughters before the age of 18, cannot do as per the law. One cannot marry a girl while Islam and Islamic scholars insist that a girl should be married immediately after puberty.
