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ast week, the National Assembly passed The Islamabad Capital Territory Prohibition of Child Marriage Bill, 2025. This is another effort to end child marriage in the jurisdiction of the Islamabad Capital Territory.
Many civil society groups have lauded the bill. The law follows similar legislation in Sindh to curb child marriages. National Assembly Member Sharmila Faruqui had introduced the bill. It will be implemented in the federal capital. No court other than that of the district and sessions judge shall take cognizance of or try any offence under it. With its introduction, the Child Marriage Restraint Act, 1929, will stand repealed to the extent of the Islamabad Capital Territory.
MNA Faruqui, who had also introduced a similar bill in the Sindh Assembly when she was an MPA, said the bill had been proposed with a similar objective – “to curb, discourage and eventually eradicate the concept and phenomenon of child marriages.”
“In modern day and age, we have the resources and the research that proves that child marriage is harmful to all children, especially girls who have are able to bear children. Child marriages are in complete violation of the rights of children and international obligations. Goal 5 of the United Nations Sustainable Development Goals focuses on gender equality and includes a target to end child marriage by 2030,” the objective of the bill reads.
“Therefore, in order to restrain child marriages and protect the basic rights of children, it is expedient to enact a law for the ICT,” it adds.
The bill, passed by both houses last week, will become an Act after the signature of the president. Under the new law, no nikah registrar shall register a marriage where one or both the contracting parties are below the age of 18 years. Any person solemnising a nikah must ensure that the contracting parties possess valid computerised national identity cards (CNICs) issued by the National Database and Registration Authority, showing their dates of birth.
The violators shall be liable to be punished with simple imprisonment for a term that shall not be more than one year and with a fine amounting to Rs100,000, or both, unless they can prove tht they believed that this was not a child marriage. Male adults above 18 years of age marrying a child will be punished separately. “Whoever, being a male above eighteen years of age, contracts a child marriage shall be punished with rigorous imprisonment which may extend to three years but shall not be less than two years and shall be liable to fine.”
Under the new law, no nikah registrar shall register a marriage where one or both the contracting parties are below the age of 18 years. Any person solemnizing a nikah must ensure that the contracting parties possess valid computerised national identity cards issued by the National Database and Registration Authority, clearly showing their dates of birth.
Any form of co-habitation, before attaining the age of eighteen years, with or without consent, resulting from a child marriage shall be considered child abuse under this law.
“Any person who induces, forces, persuades, entices or coerces any child bride or child groom to engage in any such activity prohibited by Sub-Section (1) or commits an act of child abuse shall be punished with imprisonment for a term which shall not be less than five years and may extend up to seven years and with fine which shall not be less than Rs 1 million, or both.”
The bill states that any person that recruits, harbours, transports, provides or obtains any child for the purpose of marriage shall be punished with imprisonment of either description for a term of three years and fined.
The bill also set the punishment for the parent or guardian concerned in a child marriage. It says: “Where a parent or guardian or any other person in any capacity, lawful or unlawful, does any act to promote the child marriage, child abuse or permits child marriage to be solemnised, or negligently fails to prevent it from being solemnised, [they] shall be punished with rigorous imprisonment which may extend to three years but shall not be less than two years and shall also be liable to fine.”
Jamiat Ulemai Islam chief Maulana Fazl-ur Rehman, opposed the bill, describing it as a violation of the shariah. He said that the bill should have been referred to the Council of Islamic Ideology. Awami National Party Senator Aimal Wali Khan also opposed the law, saying it will cause difficulties for the parents.
Senator Naseema Ehsan said she was married at 13. She called the bill a necessary step forward. “Not every household is like mine. This is about protecting girls,” she said. Senator Samina Mumtaz said child marriage was a “sin,” noting that it is also prohibited in other countries including Egypt. Senator Sarwar Ali noted that Saudi Arabia, the birthplace of Islam, has also legally set 18 as the minimum age for marriage.
Most human rights defenders and civil society organisations have lauded the law declaring it a step toward eliminating child marriage in the capital area. The legislation is being seen in-line with international human rights standards.
The writer is a staff member. He can be reached at vaqargillani@gmail.com