Advertisement
Monday, Aug 08, 2022
Outlook.com
Outlook.com

Setting Minimum Age For Girls’ Marriage Not Against Islam, Says Top Islamic Court In Pakistan

The Federal Shariat Court of Pakistan held that the sections in which the minimum age limit prescribed by the Child Marriage Restraint Act (CMRA) 1929 for both girls and boys for marriage were not un-Islamic.

Setting Minimum Age For Girls’ Marriage Not Against Islam, Says Top Islamic Court In Pakistan
Representational Image | Stock Photo
Setting Minimum Age For Girls’ Marriage Not Against Islam, Says Top Islamic Court In Pakistan
outlookindia.com
2021-10-29T14:24:36+05:30

Pakistan’s top Islamic court has ruled that setting the minimum age limit for a girls’ marriage was not against the teachings of Islam as it dismissed a petition which challenged some sections of the Child Marriage Restraint Act.

This landmark verdict on child marriages may settle the controversy fuelled by the insistence of radical Muslims that Islam has not allowed to fix age for marriage.

A three-judge bench of the Federal Shariat Court (FSC), headed by Chief Justice Mohammad Noor Meskanzai, on Thursday heard the petition which challenged some sections of the Child Marriage Restraint Act (CMRA) 1929.

Dawn newspaper reported that the apex Islamic court dismissed the petition and categorically declared that setting any minimum age limit for girls’ marriage by an Islamic state was not against Islam.

“After examining the petition, we are of the considerate view that the petition is misconceived, hence, it is dismissed in limine,” said the judgement authored by Justice Dr Syed Mohammad Anwer.

In the 10-page verdict, the FSC held that the sections in which the minimum age limit was prescribed by the act for both girls and boys for marriage was not un-Islamic.

The section 4 of the CMRA prescribes punishment for marrying a child to a simple imprisonment which may extend to six months and a fine of 50,000 Pakistani Rupees. Whereas Section 5 and 6 explain the punishment for solemnising nikah of a child and permitting or promoting child marriage.

The judgement described that the importance of education as "self-explanatory" and said that the need for education is "equally important for everybody, irrespective of gender".

“That is why Islam has made the acquisition of education mandatory for every Muslim as mentioned in a Hadith stating ‘Acquisition of knowledge is mandatory upon every Muslim’,” the verdict says.

For a healthy marriage, it says, not only physical health and economic stability but mental health and intellectual development are also equally important factors, which are achievable through education.

Education is fundamental for women's empowerment as it is the key for the development of an individual and consequently for the future generation of any nation, it says.

One of the purposes of marriage in Islam is protection and promotion of genealogy and generation of a person, the verdict observes, adding that this concept comes under the topic of Hifz-un-Nasal, which is one of the goals of Shariat according to the concept of Maqasid-us-Shariah as narrated by Ibrahim Bin Musa Bin Mohammad Shatbi.

There are many Islamic countries wherein the minimum age for marriage for male and female is fixed, like in Jordan, Malaysia, Egypt and Tunisia, etc, the verdict points out, according to the report.

Advertisement

Outlook Newsletters

Advertisement
Advertisement
Advertisement

Read More from Outlook

Lament Of Separation: Songs Of Habba Khatun, Last Queen Of Kashmir, Still Echo In Valley

Lament Of Separation: Songs Of Habba Khatun, Last Queen Of Kashmir, Still Echo In Valley

In happy times and sad, Habba Khatun’s sensuous songs make both young and old emotional. With the never-ending conflict bringing tragedies to every doorstep, Habba’s lyrics of separation amplify their mourning.

How Indian Laws Govern People’s Right To Love And Live

How Indian Laws Govern People’s Right To Love And Live

In India, only those relationships between a man and a woman are considered to be legitimate when there is a marriage between the two.

Kohli Quits Test Captaincy, Leaves Leadership Vacuum

Kohli Quits Test Captaincy, Leaves Leadership Vacuum

Virat Kohli, 33, had recently stepped down as India's T20I captain and was subsequently removed as the ODI captain.

UP Elections 2022: How Congress Is Harnessing Power Of 'Persecuted' Women To Counter BJP

UP Elections 2022: How Congress Is Harnessing Power Of 'Persecuted' Women To Counter BJP

A Mahila Congress leader, who is the face of the ‘Ladki Hoon, Lad Sakti Hoon’ campaign, however, has accused the party of anti-women bias after she was denied a ticket.

Advertisement