Pakistan’s top religious body rejects child marriage bill passed by parliament as ‘un-Islamic’

Pakistan’s top religious advisory body on Tuesday rejected the recently passed Child Marriage Restraint Bill 2025, declaring it un-Islamic and incompatible with Islamic teachings.

The Council of Islamic Ideology (CII), a constitutional body tasked with vetting legislation for compliance with Shariah, said the bill’s provisions contradict Islamic principles.

The legislation, which prohibits marriage under the age of 18 in Islamabad Capital Territory, was approved by the Senate on May 19, following earlier passage in the National Assembly. It defines a “child” as anyone under 18 and classifies any such marriage as a “child marriage.”

Despite objections from religious groups including Jamiat Ulema-e-Islam-Fazl (JUI-F), which demanded the bill be sent to the CII for review, the Senate rejected the motion and passed it by a majority vote.

In its statement, the CII expressed particular concern over a clause that allows a husband to be prosecuted for rape if he marries and has sexual relations with a girl under 18. The council labeled this provision “fundamentally flawed” and “completely un-Islamic,” arguing that Islamic law does not recognize marital rape, even in cases involving minors.

The CII further described the bill’s criminalization of child marriage and sexual relations with minors as influenced by “Western thought,” saying such concepts are not rooted in Islamic jurisprudence.

Key provisions of the bill

Punishments for offenders

• An adult man who marries a minor girl faces rigorous imprisonment between 2 to 3 years and a fine.
• Any sexual activity resulting from a marriage involving an individual under 18 -- regardless of consent -- will be treated as rape. The offender faces 5 to 7 years of imprisonment and a minimum fine of PKR 1 million.
• Child trafficking for marriage attracts 5–7 years of imprisonment, discouraging forced or deceptive child marriages.
• Parents or guardians who facilitate child marriages can be jailed for 2–3 years and fined, holding them accountable for negligence.
• Nikah registrars who illegally register child marriages risk 1 year in jail and a PKR 100,000 fine, ensuring strict compliance.

Court and legal process

• Only the district and sessions judge has the authority to handle these cases, ensuring specialized legal scrutiny.
• Trials must be completed within 90 days, prioritizing swift justice for victims.
• Courts can issue emergency injunctions to stop planned child marriages, with protections for whistleblowers.