A petition has been filed in the Federal Shariat Court challenging the Punjab Child Marriage Restraint Ordinance 2026, which prohibits marriage below the age of 18 and makes violations a criminal offence. The petition was filed by Mufti Muhammad Aslam through his counsel, naming the Punjab government, the governor through the secretary and other relevant authorities as respondents.
Petitioner's Arguments
The petitioner argued that Sections 2-C, 2-D, 3 and other provisions of the ordinance are inconsistent with the Constitution and Islamic injunctions. It contended that criminalising marriages involving individuals under the age of 18 was contrary to Islamic teachings.
Legal Basis
The petition maintained that while the state has the authority to enact laws for administrative purposes and to maintain public order, it cannot legislate in a manner that contradicts Sharia. It requested the Federal Shariat Court to declare Sections 2-C, 2-D and other related provisions of the ordinance void and sought an interim order suspending implementation of the law until the court delivers its final verdict.
Background of the Ordinance
The Punjab Child Marriage Restraint Ordinance 2026 was promulgated to set a minimum marriage age of 18, aiming to curb child marriages and protect minors. However, the petitioner claims that such legislation infringes upon religious freedom and Islamic law, which permits marriage after puberty.
Impact and Next Steps
The outcome of this petition could have significant implications for child protection laws in Punjab. If the court suspends the ordinance, it may delay enforcement and embolden similar challenges in other provinces. The Federal Shariat Court is expected to hear the case and issue a ruling on the interim suspension request.
