Minimum age for marriage in Islam
Minimum age for marriage in Islam
Minimum age for marriage in Islam is not fixed, but puberty is the set criteria however, the legal Age for Marriage in Pakistan is 18 years for a male and 16 years for a female, as the Superior Courts determine Girl/Boy having age above 16 years sui juirs and accept their marriage without the consent of parents. The Courts have accepted the minimum age 16 of the girl for marriage and hold that 16 years girl and above is capable to contract her marriage as per her own wish. However, the Government of Pakistan and Provincial Governments, especially the Sindh Government, insist upon a minimum age for marriage as 18 for girls. In this way, the minimum legal age of marriage for a girl is still disputed in Pakistan.
Minimum Age For Marriage in Islam is Not Determined
Though, the minimum age for marriage is not determined in Islam according to Pakistani laws, a male and female who have attained the age of 18 years can get into marriage with their free will and consent. Pakistani laws provide liberty and protection to such marriages. Court marriage is legal and valid according to laws applicable in Pakistan, and it is acceptable and recognized all over the world.
Maria, a 13-year-old Christian, eloped with Ali in the year 2020. Neither the magistrate nor the Lahore High Court granted the parents’ request for restoration of Maria’s custody. Several decisions of the superior courts hold that minors may be married after they reach puberty under Islamic rules. The Child Marriage Restraint Act of 1929, however, makes it illegal to marry a girl under the age of 16 and a boy under the age of 18. The requirement is 18 years in Sindh for both genders.
The minimum age for marriage in Islam is puberty but in Pakistan, i.e., 18 years.
The Pakistani government is a signatory to many international conventions protecting the right of religious minorities to raise their children in their own beliefs. Therefore, the question becomes whether the Muslim rule defining puberty as the marriage age should also be applied to non-Muslims? The international community is expressing a growing consensus that child marriage needs to be eradicated, yet international conventions haven’t been able to stipulate an age in which children are legally able to marry, and members have largely been left to determine this.
Proof of age for marriage
For court marriage purposes, in order to verify their age and other information, the female and male applicants must submit copies of their passports, CNICs, or other documents as proof that they are at least 18 years old. They must swear an affidavit if they do not have proof of their age.
An affidavit of free will must be completed by the girl before the judicial officer or oath commissioner to attest that she is Sui Juris, and that she will marry a man of her choice under free will.
The Nikah/Marriage will be performed and registered in the Union Council after a thorough examination of the required documents. Accordingly, the Nikah Khawan/Registrar will prepare and issue the Nikah Nama, and the Union Council Secretary will issue the Computerized Marriage Certificate which is also called the NADRA marriage certificate (because NADRA has developed the computerized system for issuing marriage certificates for the Union Councils.
When the newly married couple is harassed before or after the court marriage, they may file a writ petition in the court of law for the protection of their lives and families. If someone gets to register any false FIRs against the female or the male, they can file a writ petition in the High Court to have the false FIRs quashed.