Photo : Dawn
NIAS Area Studies
PAKISTAN READER
Photo : Dawn
Child Marriage Restraint Bill in Pakistan:
What is the new bill? Why is a section opposing it?
Brighty Ann Sarah
On 27 May 2025, the Council of Islamic Ideology (CII) declared the Islamabad Capital Territory Child Marriage Restraint Bill as "un-Islamic." The controversy was sparked by a speech by JUI-F chief Maulana Fazlur Rehman in the National Assembly, stating that the bill was against the norms of Sharia and contrary to Pakistan’s societal values and traditions. Earlier, on 19 May 2025, the Senate of Pakistan unanimously passed a landmark bill banning child marriage in the Islamabad Capital Territory (ICT), setting the minimum age of marriage at 18 for both genders and introducing stringent penalties for violators. Introduced by Pakistan People’s Party (PPP) Senator Sherry Rehman and previously passed by the National Assembly through Member of National Assembly (MNA) Sharmila Faruqui, this legislation replaces the outdated Child Marriage Restraint Act of 1929 in the ICT. The bill penalizes solemnization of any nikah (marriage) where either party is under 18 years of age.
What is the background to Child Marriage Bill?
It all started in the British India with the Child Marriage Restraint Act of 1929, also known as the Sarda Act, introduced by politician and activist Har Bilas Sarda and supported by Mohammad Ali Jinnah. Although the cornerstone of Pakistan’s child marriage legislations, the legislation was largely symbolic due to weak enforcement and societal resistance. However, in 1961 the Muslim Family Ordinance aimed at codifying Islamic family law marriage, divorce, maintenance, and inheritance among Muslim families raised the minimum age bar for marriage to 16 for girls and 18 for boys. The ordinance was enacted in all provinces.
What are the recent developments relating to child marriage in Pakistan?
The 18th Constitutional Amendment, passed in April 2010, significantly reshaped Pakistan’s legislative landscape by devolving authority over several subjects, including child rights and marriage laws, from the federal government to the provinces. The 18th Amendment was a response to the political upheaval following General Pervez Musharraf’s regime and the return to civilian rule in 2008 to prevent the concentration of power at the executive level. Signed into law by President Asif Ali Zardari, the amendment aimed to empower provinces by granting them legislative and administrative competence. This decentralization made child marriage a provincial subject, allowing regions to tailor laws to their socio-cultural contexts.
Who is opposing the legislation? Why?
There is opposition from religious groups and parties. They are against criminalizing child marriage in Pakistan. Arbitrary interpretations of Islamic law is often weaponised to justify early marriages, with groups like the Council of Islamic Ideology and religious political parties such as Jamiat Ulema-e-Islam (JUI-F) and Jamaat-e-Islami arguing that setting the minimum marriage age at 18 contradicts Sharia law and that puberty is a permissible threshold for marriage.
Further, the significant influence maintained by these parties, particularly in conservative regions like Khyber Pakhtunkhwa and Balochistan leads to political reluctance even among progressive lawmakers. The threat of distancing the conservative voter base and causing domestic instability often discouraged such legislations.
How did Sindh succeed in passing a legislation in 2013 on child marriage?
Sindh, in 2013, enacted the Sindh Child Marriage Restraint Act of 2014, which set the minimum marriage age for both genders at 18. The landmark bill was introduced by Pakistan People’s Party MPAs, Sharmila Faruqi and Rubina Saadat Qaimkhani, and was unanimously passed by the Sindh Assembly. The PPP’s progressive ideologies, shaped by leaders like Benazir Bhutto and Asif Ali Zardari led to the unanimous support for the bill, making Sindh the first province to repeal the 1929 Act. The bill had faced severe religious and political resistance, particularly from the Council of Islamic Ideology (CII) a constitutional body tasked with advising the government on Sharia laws. The CII labeled the bill “un-Islamic” and “blasphemous,” leading to the withdrawal of an amendment that called for harsher punishments for child marriage.
What are the social issues, exacerbating the child marriage crisis?
First, patriarchal norms and cultural beliefs play a critical role in perpetuating child marriages. Women are often viewed as ‘property’ that is meant to be given away, destined for their husband’s home. Several cultural practices like ‘watta satta’, or exchange marriages, and ‘swara’ or ‘vani’ a custom in tribal areas of Sindh and Balochistan, where young girls are married off to settle disputes or debts, perpetuate the cycle of female commodification.
Second, poverty and economic pressure further acts as primary causes of child marriage, particularly in rural areas. Families marry off daughters early to reduce financial burdens or secure dowries, viewing girls as economic liabilities. The early marriage of daughters is seen as a means to shift the responsibility to her husband’s family, alleviating pressure on the natal household. This is particularly true in large families with multiple children, where parents often struggle to afford the basic needs of the home. Additionally, marrying a daughter early is an effort to secure a dowry as a payment from the groom’s family, or young brides reduce dowry obligation for the bride’s family.
Third, the lack of education and awareness among underprivileged communities often keep young girls in the dark about their own rights, and undermine the efficiency in enforcing legislations in their favour. It also creates a resistance to advocacy and awareness initiatives. The unawareness about legislations and penalties also encourage early marriage, creating a disconnect between legislation and practice.
References:
“Senate approves bill outlawing underage marriage in ICT,” The News International, 19 May 2025
“Child Marriage Restraint Act, 1929 (Sarda Act) – History, Provisions & Impact,” Legal Heights, 5 March 2025
“Pakistan: Sindh Provincial Assembly Passes Child Marriage Restraint Bill | Library of Congress,” Library of Congress, 23 May 2014
“Pakistan bill aiming to ban child marriages shot down as 'anti-Islamic' and 'blasphemous,” The Independent, 16 January 2016
“The 18th Amendment: Historical Developments and Debates in Pakistan,” NUS Institute of South Asian Studies (ISAS), 4 September 2020
In Focus
Iran makes arrangements for facilitating the movement of Pakistani pilgrims
On 28 May, the Interior Ministry informed that during Muharram and Arabeen, Iran-Pakistan border would remain open for the entire time for facilitating the movement of the pilgrims. This was decided when Pakistan’s interior minister Mohsin Naqvi held a discussion with Iran’s Minister for Interior, Eskandar Momeni in Tehran. Iran’s interior minister informed that the government would make arrangements for around 5000 devotees from Pakistan to stay in Mashad. Further, the government would also assist the Pakistani devotees for travelling to Iraq. Tehran and Islamabad have also decided to formulate a “hotline” for quick resolution of problems incurred by the devotees. In addition to that, “trilateral conference” which saw the participation of interior ministers from Iraq, Pakistan and Iran would be held in Mashad for deliberating on issues concerning devotees from Pakistan. Tehran also voiced concerns regarding the arrest of fisherman from Iran who unknowingly trespassed the water boundary. On this issue, Naqvi affirmed “full cooperation” from Pakistan.
Iftikhar A. Khan, “Pakistan, Iran to keep border open 24/7 for pilgrims,” Dawn, 29 May 2025
ON INDIA
PM Sharif warns India against weaponizing Indus Water Treaty
On 28 May, at the second Trilateral Summit in Lachin, Azerbaijan, Prime Minister Shehbaz Sharif reiterated that Pakistan is committed to regional peace and dialogue if India demonstrates sincerity. He warned that India’s attempts to allegedly weaponize the Indus Waters Treaty, critical for 240 million Pakistanis, would never succeed, assuring protective measures are in place.
The PM again highlighted Pakistan’s military response to the recent tensions, including the downing of six fighter jets and damage to Indian installations, praising Field Marshal Asim Munir’s leadership. PM Sharif went on to underscore Pakistan’s deep ties with Turkiye and Azerbaijan, calling them “three souls, one heart,” united historically and morally on issues like Kashmir, Nagorno-Karabakh, and Northern Cyprus. He thanked Presidents Erdogan and Aliyev for their consistent support during the recent tensions with India.
Foreign Office labels PM Modi's remarks on Indus Water Treaty as "inflammatory"
On 28 May, Pakistan’s Foreign Office strongly condemned Prime Minister Narendra Modi’s remarks on the Indus Waters Treaty, calling them “inflammatory” and rooted in “historical revisionism.” In response to PM Modi’s public speeches, Pakistan accused the PM of using jingoism for political gain and warned against undermining long term regional stability. The FO labelled his public rallies as a “troubling departure from international norms.”
It further stated that the ideological base of India’s current government has normalized mob violence, hate campaigns, and the targeting of religious minorities, and that the government’s conduct in Kashmir is marked by systemic repression. The FO statement added that it is deeply ironic for a state engaged in such practices to portray itself as a victim. (“India can’t block our water, we’re taking measures, says Shehbaz,” The News International, 29 May 2025, “FO slams Modi’s censure of IWT,” Dawn, 29 May 2025)
In Brief
POLITICS AND GOVERNANCE
Imran Khan calls for protest amidst alleged human rights violations in Adiala jail
On 29 May, Dawn reported that the jailed former prime minister Imran Khan communicated via X to the public to get ready for a massive protest. This communication spurred concerns about his condition in Adiala jail, Rawalpindi, where he purported the denial of basic rights. Imran khan stated that he has not been granted his usual 30-minute meeting with his wife, Bushra Bibi, despite his legal right to it. He claims that his wife has been imprisoned for 13 months without proper evidence against any offence and asserted that he will not bow down for any tyranny nor make deals. (“Imran asks masses to prepare for nationwide protest,”Dawn,29 May, 2025)
SOCIETY
Council of Islamic Ideology declared the Islamabad's Child Marriage Restraint Bill "un-Islamic"
On 29 May, Dawn reported on the Council of Islamic Ideology's(CII) staunch opposition to the Islamabad Capital Territory Child Marriage Restraint Bill, 2025. The CII declared the bill as "un-Islamic," and has "appealed to President Asif Ali Zardari not to sign the bill into law." The bill had been passed unanimously by the ICT assembly on 19 May and raised the minimum age of marriage for both genders to 18. The CII member Maulana Jalaludin stated that the bill was "not only against the norms of Sharia but also contrary to the values of our society and our traditions.” ("Clerics warn president against signing child marriage bill," Dawn, 29 May 2025)
On opposition to Child Marriage Restraint Bill:
"It is perplexing to witness our parliamentarians enable such regressive views, apparently to foster male control," criticizes an editorial in Dawn
On 29 May, an editorial in Dawn titled "Patriarchal views" criticized the CII's protest against the ICT Child Marriage Restraint Bill as patriarchal and obstructive to progressive regulations that protect women and girls. The editorial highlights that beyond defying basic human freedom, the action has "flouted Pakistan’s commitments under international law." The editorial calls for a more progressive stance from the leadership and urges the religious leaders to audit how religious scriptures are interpreted, reiterating that "the parliament has to stop marching backwards." The editorial also warns that the role played by the CII in legislative decisions has to be re-evaluated. ("Patriarchal views," Dawn, 29 May 2025)
MEDIA
On the safety of journalists:
“For those who choose to tell the truth, the cost is often terrifyingly high – threats, intimidation, violence and, far too frequently, death.” says editorial in Dawn
On 29 May, Dawn in an editorial titled “Journalism is not a crime” reported that the journalists in Pakistan face frequent threats, violence and death as part of reporting the truth. Recently, the death of Abdul Latif Baloch in Balochistan shows how dangerous it is for reporters to work in high-conflict places. Although police have investigated, the reason for Baloch’s death is still unclear. According to the Committee to Protect Journalists, Pakistan holds the 12th spot on its 2024 Global Impunity Index, at least 75 journalists have been killed since 1992 and several crimes remain unsolved. Because of state interference and threats from insurgents, journalists in regions like Balochistan face a difficult situation for free media. Even though the government promises to protect journalists, they rarely keep their word, so many of them are forced to flee the country. The restriction of Media’s ability to report freely had made journalism a deadly profession in Pakistan.(“Journalism is not a crime,” Dawn 29 May 2025)
SECURITY
Militant attacks across Pakistan; Balochistan and POK
On 29 May, Dawn reported on the militant attacks that took place all over Pakistan. In the Musakhail area in Balochistan, following reports that stated militants were planning to attack the area, the security team launched an operation on 28 May, during which an exchange of fire took place and the militants were killed. The militants had large stocks of arms and ammunition in their possession, which were seized by security officials. The authorities stated that the same group was involved in an earlier attack against security forces at the check posts in Rarasham, where they killed seven civilians. The search operation is continuing in the area.
Similarly, in the Pakistan Occupied Kashmir (POK) region, it was alleged that four terrorists were killed in an exchange of fire with police in Hussain Kot village in the Poonch district. The police conducted an operation in the forest area after receiving intelligence reports about the suspects hiding there. The operation resulted in the deaths of two constables and five injuries.
In addition to that, the Director General of the Balochistan Levies suspended 62 Levies personnel on charges of accepting bribery at check posts. The decision followed multiple complaints raised by truck drivers, passengers, and other travelers. The DG stated that they follow a “zero tolerance policy” against corruption. The action was taken against Levies officials from 18 districts of Balochistan. An inquiry officer has been appointed to investigate the suspended officers and has been asked to submit a report within 15 days.(“62 Balochistan Levies officials suspended over bribery charges,” Dawn 29 May 2025, Saleem Shahid“Four ‘militants’ gunned down in Balochistan,” Dawn, 29 May 2025, Tariq Naqash,“4 ‘terrorists’ killed in AJK encounter,” Dawn 29 May 2025, Muhammed Zafar Baloch“Four militants killed in Musakhel,” The News International, 29 May 2025)
EXTERNAL
"Those who fight for other countries are not real Mujahideen" claims Afghanistan Taliban commander
On 29 May, The News International reported that Saeedullah Saeed, the commander of Afghanistan Taliban, addressed and warned the Fitna Ai Khawarij terrorist to not fight against Pakistan in the name of Jihad during the police officials passing out parade. He highlighted that it is illegitimate to fight against any other country. He stated that it is the prerogative of state to announce jihad, not of an individual or group to do Jihad. He iterated that those who fight for other countries are not real Mujahideen. In addition to it, he stated that those who decide to fight Pakistan against the state directives of the leadership will be declared as ‘Fasad’ not as ‘Jihad’. He further said that those who attack Pakistan are disobedient to the Shariat as well as the Afghan Emirate. Defence experts claimed that the statement of the commander strengthened Pakistan’s narrative on internal security. It further claimed that the alleged "Jihad" is on the behalf of the Indian government and proxies by Fitna Al Khawarij who are against the Shariat and the peace of the state. (“Afghan Taliban commander warns terrorists against fighting Pak forces,” The News International, 29 May 2025)
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