The passage of the Marriage Registration Act 2025, which establishes 18 years as the minimum legal age for marriage registration, has sparked a familiar controversy in Pakistan. A number of religious scholars and even the Council of Islamic Ideology (CII) have voiced their disapproval, terming the bill “un-Islamic.” However, such a conclusion, with all due respect, seems to stem from a narrow interpretation of Islamic law, one that disregards the essence and spirit of Islamic teachings—especially the concept of responsibility, which is the bedrock of any marital relationship.
This article does not seek to challenge the sanctity of Islamic jurisprudence but rather to revisit Islamic principles with a more holistic lens, reflecting upon the moral, intellectual, and social dimensions of marriage as envisioned by Islam.
A common objection to the 18-year threshold is rooted in the Islamic legal concept of bulugh (puberty), which is traditionally accepted as the minimum threshold for marriage. But this biological milestone alone is insufficient to shoulder the complex responsibilities of married life.
Islamic jurisprudence does not solely equate puberty with maturity (rushd). The Qur’an, in Surah An-Nisa (4:6), explicitly instructs:
> “And test the orphans until they reach the age of marriage. Then if you perceive in them sound judgment (rushd), release their property to them…”
This verse is telling: even when one reaches puberty, the transfer of property is conditioned on intellectual and moral maturity. This clearly demonstrates that Islam does not treat physical development as the sole measure of readiness for adult responsibilities.
By the same logic, marriage, which involves far more emotional, legal, and social obligations than managing property, must be entered only when an individual is mentally and emotionally equipped to fulfill its duties.
Marriage in Islam is not a license for sexual activity alone; it is a sacred contract (nikah) that creates a system of mutual rights and obligations. A husband is not only expected to provide for his wife but also to maintain justice, kindness, and balance in dealing with her family, manage financial matters, and raise children.
How can we, in good faith, expect a 13- or 14-year-old boy or girl to bear such responsibilities? Maturity in Islam goes beyond reproductive ability; it encompasses the moral strength to honor commitments, the discipline to manage relationships, and the capacity to uphold justice.
The Prophet Muhammad (PBUH) himself delayed the consummation of his marriage with Hazrat Aisha (RA) until she was reportedly of sufficient age and maturity. Scholars differ on the exact age, but the essential lesson remains: marriage was approached with wisdom, patience, and context, not as a rigid ritual.
The argument that any state-mandated age limit is un-Islamic because Islam permits earlier marriage is both legally and ethically flawed. In Islamic jurisprudence (fiqh), the state (wali al-amr) has the authority to enforce laws that serve the public interest (maslahah) and prevent harm (mafsadah).
The Islamic principle of “Sadd al-Dhara’i” (blocking the means to harm) justifies setting boundaries that protect individuals and society from foreseeable risks. Child marriage often results in psychological trauma, educational disruption, domestic violence, and economic instability—all of which Islam seeks to prevent through its emphasis on justice, compassion, and dignity.
Therefore, setting the minimum marriage age at 18 does not contradict Islamic values; rather, it complements them by safeguarding the rights of the weak, especially young girls who are most vulnerable to abuse in early marriages.
Those opposing the Marriage Registration Act 2025 appear to reduce the entire institution of marriage to a mere biological threshold, ignoring the deeply ethical and social dimensions of marriage in Islam. Ironically, their position may allow a 13-year-old to marry legally while prohibiting her from voting, driving, or entering into a business contract—acts that also require adult judgment.
By focusing merely on a legalistic interpretation, critics overlook the Islamic objectives of Shariah (Maqasid al-Shariah), which include the protection of intellect (aql), life (nafs), lineage (nasl), and wealth (maal). Early marriage, devoid of intellectual preparedness, undermines all these objectives.
Pakistan is a signatory to the United Nations Convention on the Rights of the Child (UNCRC), which defines a child as anyone under 18 years of age. As a responsible member of the international community, and in view of its constitutional obligation under Article 25(3) to protect women and children, Pakistan must uphold standards that guarantee dignity, education, and safety.
It is vital to understand that international standards on child protection are not inherently Western or anti-Islamic. In fact, the idea of shielding the vulnerable is deeply embedded in Islamic tradition. Therefore, aligning national law with both Islamic ethics and international commitments is not a contradiction—it is a convergence of moral vision.
In sum, the Marriage Registration Act 2025 is not an affront to Islam but a step toward realizing its higher objectives. It is a policy rooted in compassion, foresight, and responsibility—the very values that our religion so profoundly emphasizes.
Rather than opposing this law on the basis of rigid literalism, our religious scholars and institutions must rise to the occasion by engaging with the deeper wisdom of Islamic jurisprudence. True Islamic leadership lies in protecting the rights of the voiceless, not in preserving outdated norms that harm them.
Let us not confuse tradition with theology. Let us, instead, recognize that the real spirit of Islam lies not in enforcing premature marriages, but in fostering responsible, informed, and just unions—built not merely on biology, but on wisdom, maturity, and consent.
By Ehtisham Ul Haq
Student of Law International Islamic University Islamabad