The Federal Shariat Court’s latest ruling should lay to rest a nearly century-long debate over an issue directly impacting the well-being of girls and society as a whole. On Thursday, a three-judge bench dismissed a petition against certain sections of the Child Marriage Restraint Act, 1929, that fixes 16 years as the minimum marriageable age. In a 10-page verdict, the court stated in unequivocal terms that setting a minimum age for marriage is not against Islamic injunctions. Basing much of its reasoning on the importance that Islam places on education, the verdict observed that the CMRA helps girls at least get a basic education and cited the example of several other Islamic countries with similar legislation on their statute books.
While child marriage affects both boys and girls, in the latter’s case it has multifaceted adverse consequences directly linked with the patriarchal culture in Pakistan and the rigours of childbearing. There is overwhelming evidence of the harm the practice can inflict on the physical, intellectual and mental health of underage females. Almost always, girls in this part of the world are married to adult men, sometimes much older than them, and are thus extremely vulnerable to marital rape and domestic violence. Hearing a petition against the Child Marriage Restraint Act of 1929, the Federal Shariat Court has turned down a petition making an appeal against the Act and terming it un-Islamic. The court has ruled that the education of girls is vital and this is laid down in the Quran.
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