The minimum age for marriage in Pakistan is often debated, possibly due to a lack of legal awareness among the public. However, the government has established laws through federal legislation, provincial amendments, and Islamic principles. Here, we aim to provide an overview of the legal age of marriage in Pakistan and its interpretation in both legal and religious contexts.
What is the Legal Age for Marriage in Pakistan?
The legal age of marriage in Pakistan varies by provincial amendments. According to the Child Marriage Restraint Act 1929 (“CMRA 1929”), the minimum marriage age is 16 years for females and 18 years for males. Punjab, KPK, and Balochistan have adopted the minimum age requirement from CMRA 1929. However, Sindh has raised the minimum age for both genders to 18 years under the Sindh Child Marriage Restraint Act, 2013. Courts may also consider puberty as a determining factor under Islamic jurisprudence.
Legislation for Marriage Age in Pakistan
The Child Marriage Restraint Act (CMRA) 1929 outlines the legal requirements for marriage age in Pakistan. However, different provinces have introduced amendments, leading to variations in legal standards.
Federal Law
Under the Child Marriage Restraint Act 1929, the legal age for marriage in Pakistan is:
- 16 years for females
- 18 years for males
Provincial Laws
- Sindh: The Sindh Child Marriage Restraint Act, 2013 sets the minimum marriage age at 18 years for both males and females.
- Punjab, Khyber Pakhtunkhwa, and Balochistan: These provinces continue to follow the Federal law, where the minimum marriage age for girls remains 16 years.
Legal Age of Marriage in Islam
Islamic teachings do not prescribe a specific age for marriage but emphasize maturity (bulugh) and mental capability. Islamic jurisprudence often recognizes puberty as a determinant of maturity, though interpretations may vary.
Section 178 of Mohammadan Law by D.F. Mulla
According to Mohammadan Law by D.F. Mulla, a Muslim who is of sound mind and has reached puberty can enter into a marriage contract. If there is no other evidence, puberty is generally presumed at 15 years of age. This means that, according to Mohammadan law, 15 years is considered the standard age of maturity for marriage unless proven otherwise.
Summary of Marriage Age Laws in Pakistan
| Province | Law | Minimum Age for Girls | Minimum Age for Boys |
|---|---|---|---|
| Federal (Applicable in Punjab, KPK, Balochistan) | Child Marriage Restraint Act 1929 | 16 years | 18 years |
| Sindh | Sindh Child Marriage Restraint Act 2013 | 18 years | 18 years |
| Islamic Perspective | D.F. Mulla, Sec. 178 | 15 years (or presumed puberty) | 15 years ( or presumed puberty) |
Minimum Age of Girl for Marriage in Pakistan
The minimum legal age for a girl to marry in Pakistan varies by province. Under the Child Marriage Restraint Act 1929, the minimum age for girls is 16 years in Punjab, Khyber Pakhtunkhwa, and Balochistan. In Sindh, however, the minimum age is 18 years under the Sindh Child Marriage Restraint Act 2013. Additionally, Islamic jurisprudence presumes puberty at 15 years in the absence of other evidence, as per Section 178 of Mohammadan Law by D.F. Mulla.
Conclusion
The legal age of marriage in Pakistan varies based on federal law, provincial regulations, and Islamic interpretations. While Sindh sets the minimum age at 18 years for both genders, other provinces follow the federal law of 16 years for females and 18 years for males. Islamic law recognizes puberty as a factor, generally presumed at 15 years.
Frequently Asked Questions (FAQs):
What is the punishment for child marriage in Pakistan?
Under the Child Marriage Restraint Act 1929, anyone facilitating a marriage below the legal age can face fines and imprisonment of up to three years.
Can a girl under 16 get married with parental consent?
No, in provinces following federal law, the minimum age for marriage is 16 years for females. In Sindh, the minimum age is 18 years for both genders, regardless of parental consent.
Is a marriage valid if performed below the legal age?
While Islamic law considers puberty as a factor, the civil law in Pakistan sets specific age limits. If a marriage takes place below the legal age, it can be legally challenged and declared invalid in some cases.
