A law that prohibits the marriage of children under eight years of age has been challenged in the Federal Court of Shariat (FSC) in Islamabad, arguing that it was against the Constitution, as well as in the principles of Islam and should be abolished.
The 18 -year project, on May 27, signed the bill, which sought to protect the rights of children and eradicated the marriages of children under 18, after navigating through both Chambers of Parliament.
However, the movement attracted a strong opposition of the religious segments of society, with the Council of Islamic Ideology (CII), a constitutional body responsible for giving legal advice on Islamic issues to the government and Parliament, dictating that “classifying marriage under the age of 18 as a violation did not comply with the Islamic law.”
A citizen, Shahzada Adnan, presented a petition through his lawyer, lawyer Mudassar Chaudhry, against the recently promulgated Law of Restriction of Child Marriage Restrictions of Islamabad Territory of Islamabad.
The petitioner said that the law is in “clear and disgusting conflict to the Sharia” and that is why it must declare “non -Islamic, unconstitutional and against the fundamental of Islam.”
Reproduced several sections of the law that said it should be challenged. The law is related to the record of child marriage, the punishment for male adults who marry a child, the punishment for child abuse and the punishment for parents or guardians worried in a child marriage.
The petitioner maintained the law related to child marriage is against the Sacred Koran and Hadith, as well as the Constitution.
The petition said that in “according to the declared legislation, the Islamic concept of marriage is totally denied as according to [to the] Judicial mandate of Islam, age does not matter, but puberty is the key [to the] Nikah ceremony. “
He continued that the “contested law [is] Ultra viés and against the basic fundamental laws of Sharia. “The petition also meets with the verses of the Sacred Koran.
The petition also says that “the contested law is against the commandment in the Qur’an”, while in Islam, “marriage (Nikaḥ) is a sacred contract and a highly recommended act.”
The petitioner said that the state legislative bodies did not consider the opinion of the CCI that has declared the “act contested as Islamic and against the spirit of Islam, as well as the constitution of Pakistan.”
He added that in Islamic Fiqh (jurisprudence), “there is no specific age obliged to marriage. However, the general principle is that both parties must have reached maturity and have the mental capacity to understand the responsibilities of marriage.”
I read that Islamic scholars generally “consider the age of 15-16 years as the appropriate age for marriage due to their suitability.”
The Chief of Jui-F, Maulana Fazlur Rehman, recently rejected the law and announced manifestations of protest throughout the country, claiming that “facilitated fornication while making legitimate marriages difficult.”
“Pakistan is a strange country: during the time of General Musharraf, a constitutional amendment was approved on behalf of the rights of women who decriminalized fornication,” Fazl said.
“Now, they are trying to prohibit the marriage of people under 18. The ICI has already rejected this and all the ulema and their parties have agreed that it contradicts the Qur’an and the Sunnah,” he added.
Fazl announced a series of demonstrations and a great conference in the Hazara division of Khyber Pakhtunkhwa on June 29. He said the party will organize demonstrations to “raise awareness about national sovereignty and Islamic governance.”
