Pakistan's New Law Banning Child Marriage Sparks Controversy from Islamic Council

Pakistan's Council of Islamic Ideology - a prominent body that advises the government of the Muslim majority nation 'whether or not a certain law is repugnant to Islam' - has opposed the bill

A newly passed law banning child marriage in Pakistan has drawn strong criticism from the country’s Council of Islamic Ideology, which has labeled the legislation "un-Islamic" and rejected its provisions.

The Child Marriage Restraint Bill, recently passed by Pakistan's federal government, aims to outlaw the marriage and cohabitation of minors with adults. Under the law, which is expected to be signed by President Asif Ali Zardari, adults found cohabiting with minors could face up to seven years in prison and a fine of one million rupees (approximately £2,663) under charges of statutory rape.

Sherry Rehman, a senator who tabled the bill after MP Sharmila Farooqi introduced it in Pakistan's National Assembly, said the new legislation will 'send a powerful message'

Initially set to be implemented in Islamabad, the capital, the legislation is seen as a pivotal step toward broader reform across Pakistan. The law follows growing pressure from women's rights activists, international organizations, and female lawmakers who were themselves child brides. Senator Sherry Rehman, who tabled the bill after it was introduced by MP Sharmila Farooqi, described it as “a powerful message” about protecting women’s rights at the highest level of government.

However, the Council of Islamic Ideology (CII), a constitutional body that advises Pakistan's government on whether laws align with Islamic teachings, has strongly objected. In a statement released Tuesday, the CII stated, “Declaring marriage below the age of eighteen as child abuse and prescribing punishments for it... are not in line with Islamic injunctions.” The council further criticized the fact that the bill was not sent to it for review by Parliament or the Senate, and warned against what it called “unnecessary legal complications” involving marriage. It instead advocated for public awareness campaigns over legal penalties.

Senator Naseema Ehsan, 50, said: 'I got married at 13 years old and I want child marriage to be banned. I was lucky to have good and affluent in-laws but most Pakistani women are not so lucky. Not every child has a supportive husband like me'

Despite the backlash, many Pakistani politicians and activists are celebrating the bill’s passage. Senator Naseema Ehsan, 50, who shared her experience of being married at age 13, spoke passionately in favor of the legislation. “I want child marriage to be banned,” she told the Senate. “Not every child has a supportive husband like me. Most Pakistani women are not so lucky.” She added, “I’ve never been so content to vote for a bill as the child marriage restraint bill.”

The bill's preamble notes that extensive research has shown child marriage to be harmful, particularly for young girls, who may be biologically capable of childbirth but remain mentally and emotionally unprepared for marriage.

Pakistani Christians protest against child marriage and forced conversion, in Karachi, Pakistan

Pakistan ranks among the top 10 countries globally with the highest number of underage marriages. According to data from Girls Not Brides and the National Institute of Population Studies, about 18% of Pakistani girls are married before the age of 18, and 4% before the age of 15. The drivers behind these alarming statistics include religious beliefs, deeply rooted societal norms, poverty, and patriarchal traditions.

While the 2013 Sindh Marriage Restraint Act already prohibits marriage under 18 in the Sindh province, it remains the only region in Pakistan to implement such legislation until now. The new federal law in Islamabad is expected to encourage other provinces to follow suit. Balochistan is reportedly preparing to adopt similar legislation, and a bill is also under consideration in Khyber Pakhtunkhwa.

Despite these positive developments, the issue remains contentious due to the significant influence of religious councils such as the CII. A recent editorial criticized such bodies as “self-appointed custodians of belief” who block progress and silence political criticism of practices like child marriage and forced conversions. The article highlighted how the country’s patriarchal social and political structures have historically enabled laws that legitimize coercive and abusive unions involving minors.

Pakistan has pledged to eliminate child, early, and forced marriages by 2030 in alignment with the United Nations Sustainable Development Goals. Yet, underage marriages continue to be widespread, particularly in rural regions, where traditional views and limited education prevail.

The new law represents a critical effort to align the country’s legal framework with global human rights standards. However, the backlash from religious authorities underscores the ongoing struggle between modern legal reform and conservative religious traditions in Pakistan.