A Turning Point in Pakistan’s Fight to End Child Marriage: The Child Marriage Restraint Act 2025 for Islamabad Capital Territory

This new legislation repeals the outdated Child Marriage Restraint Act of 1929 for Islamabad and introduces stricter punitive measures. Under the Act, anyone—including family members, religious clerics, or marriage registrars—who facilitates or forces a child into marriage can face up to seven years in prison. Since, in Pakistan, any sexual activity is only considered permissible within the context of marriage, the law makes it clear that sexual relations involving a minor, even within marriage and even with consent, will be considered statutory rape. If an adult man is found to have married a girl under 18, he may face up to three years in prison.

However, despite isolated legislative progress, Pakistan still ranks among the poor-performing countries in terms of the prevention of child marriage. With approximately 1.9 million child brides, the country has the sixth highest absolute number globally. Nationally, over 21 percent of girls are married before the age of 18, and 3 percent before they turn 15.¹

These numbers reveal that legislation alone—particularly its punitive nature, weak enforcement, and limited public awareness—is insufficient. A critical lens is needed to challenge and undo the deep hold of child marriage.

The Legal Landscape of Child Marriage in Pakistan

In Pakistan, law-making is shared between the national and provincial governments. The National Parliament has two parts—the Senate and the National Assembly. Each of the four provinces (Punjab, Sindh, Khyber Pakhtunkhwa, and Balochistan) has its own single-house legislature, called the Provincial Assembly.

The decentralisation enabled by the 18th Constitutional Amendment, which devolved not only child protection but also critical sectors influencing child marriage—such as education, health, nutrition, and employment—to the provinces, has become a double-edged sword. It allows regional tailoring of policy but also invites delay, inconsistency, and avoidance in politically sensitive contexts.

The passage of the Child Marriage Restraint Act in Islamabad was a monumental step, setting a national precedent and reigniting long-stalled conversations in other provinces. In Khyber Pakhtunkhwa, the provincial cabinet approved a similar draft law mirroring the federal provisions. However, rather than presenting the bill to the Provincial Assembly for debate, the government referred it to the Council of Islamic Ideology (CII), reflecting the political anxiety surrounding the misuse of religious sentiments to not accept the new law. In Balochistan and Gilgit-Baltistan no similar legislative progress has been made.

Senator Sherry Rehman, one of the key champions of the Child Marriage Restraint law, described its passage as the beginning of a new era of reform in Pakistan. Yet the journey to get here was anything but smooth. Rehman recalled that over the last seven years, several attempts to introduce the bill were either defeated or blocked from even reaching the parliamentary agenda due to strong opposition, particularly from religious factions. Bills were repeatedly revised, only to be stalled again. At times, the resistance was so strong that it seemed like the bill would never be passed. But persistence paid off.

Misuse of religion as a barrier

Opposition to the bill came largely from conservative quarters. Maulana Jalaluddin, a member of the Council of Islamic Ideology (CII) affiliated with the JUI-F party, publicly urged the President not to sign the bill, warning that it was against the norms of Sharia and societal traditions. He described the legislation as part of a Western agenda meant to destroy the family system. In response, Pakistan People's Party’s lawmaker Sharmila Faruqi, who had tabled the Islamabad Capital Territory Child Marriage Restraint Bill, 2025 in the National Assembly, urged that the issue should not be given a religious colour but should be understood within the framework of fundamental human rights.²

Sharmila Faruqi also referenced the 2022 judgment of the Federal Shariat Court, which dismissed a petition challenging Sindh’s child marriage law. The court stated that setting a minimum age for marriage was not against Islamic injunctions. It explained that while puberty is one factor in Islamic marriage eligibility, it is not the only one—financial well-being, health, and mental maturity are equally significant considerations under Islamic teachings.³

However, on Friday, 23rd May 2025, coordinated sermons across many mosques in Pakistan condemned the Child Marriage Restraint Act in Islamabad. This backlash has had a chilling effect, with provincial governments growing hesitant to pursue similar legislation. The law is now being challenged in the Federal Shariat Court, where petitioners argue that marriage eligibility should be based on puberty, not age, under Islamic jurisprudence. These developments have created both legal and social hurdles for advocates of nationwide reform.

Navigating Barriers and Building Solutions

Pakistan’s new legislation is not just a domestic reform; it is part of its broader commitments as a signatory to multiple international conventions and frameworks. From the Universal Declaration of Human Rights (UDHR) and the Convention on the Rights of the Child (CRC) to the Sustainable Development Goals (SDGs), Pakistan has repeatedly pledged to eliminate child marriage. In 2014, it signed the Kathmandu Call to Action and participated in the South Asia Initiative to End Violence Against Children, further cementing its role in the regional campaign to end child marriages.

However, if Sindh’s experience over the past decade is any indication, passing a law is only the beginning. Despite its early lead, Sindh has seen a troubling rise in early marriages since the enactment of its law. A joint study by UNFPA and the Population Council reported that from 2014 to 2019, girl child marriages under the age of 15 in Sindh rose by 1.5%, while those under 18 increased by 2.2%. Few cases have resulted in convictions. The reasons are multi-layered, ranging from inefficient law enforcement and corruption to deeply rooted societal norms and economic conditions.⁴

In Pakistan, in many cases, girls themselves choose early marriage as an escape from even more dangerous circumstances at home. Some flee abusive environments or forced marriages to male relatives by eloping with partners of their choice. In a society where male guardianship is often the only perceived shield against social or familial threats, these girls see marriage as their only way out.

Underlying this are deeply entrenched structural issues. Child marriage in Pakistan is driven by poverty, gender inequality, and cultural norms that prioritize family honour over individual rights. In some areas, marriage is used to settle feuds or reduce household expenses. In others, it is considered a rite of passage that must be fulfilled before a girl becomes “too old.” Local power brokers, including tribal elders and religious leaders, often play a decisive role in arranging such unions, especially in rural areas.

Moreover, regions affected by climate change and natural disasters—where families are displaced, livelihoods are destroyed, and uncertainty looms large—are particularly vulnerable to spikes in child marriage rates. The lack of education and healthcare facilities further pushes families toward harmful practices, reinforcing the cycle of poverty and deprivation.

Unfortunately, laws focused solely on criminal penalties do not consider these complex realities.

The Road Ahead 

The passage of the Child Marriage Restraint Act in Islamabad is undoubtedly a step in the right direction. But real change will come not through the pages of a law book, but through the empowerment of communities, the education of girls, and the reshaping of societal values. Until then, child marriage will remain not just a legal issue, but a human tragedy playing out in silence across Pakistan.