The Federal Shariat Court (FSC) of Pakistan declared that setting a minimum age limit for girls’ marriage was not against Islam. The court ruled that setting the minimum age limit at 16 years under the Child Marriage Restraint Act (CMRA) 1929 would help girls get a basic education.

A three-judge bench of the Federal Shariat Court (FSC), headed by Chief Justice Mohammad Noor Meskanzai, delivered the verdict while hearing a petition that challenged certain Sections of the Child Marriage Restraint Act (CMRA) 1929.

The Dawn reported that the FSC dismissed the petition and categorically declared that setting any minimum age limit for girls’ marriage by an Islamic state was not against the teachings of Islam.

As per Section 4 of the Child Marriage Restraint Act (CMRA), a person may be sentenced to simple imprisonment extending to six months and fined Rs 50,000 for marrying a child. Sections 5 and 6 explain the punishment for solemnising nikah of a child and permitting or promoting child marriage.

Education is fundamental for women empowerment as it is the key for the development of an individual and consequently for the future generation of any nation, observed the court.

The judgment further explained that for anybody, irrespective of gender, the factor of getting education comes under the concept of Hifz-ul-Aql, that is, protection and promotion of intellect – one of the basic goals of Sharia.

There are many Islamic countries such as Jordan, Malaysia, Egypt and Tunisia which have fixed a minimum age for marriage for both men and women, the court said in its judgment.

 

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