The Federal Shariat Court (FSC) has scheduled a hearing on a petition challenging the legality of Punjab’s law that criminalizes marriages involving individuals under the age of 18. The development comes after the court’s registrar removed an earlier procedural objection to the petition.
The petition argues that provisions of the Punjab Child Marriage Restraint Act, 2026 conflict with Islamic law and the Constitution. The case raises legal questions over the validity of the provincial legislation and its enforcement.
Registrar Removes Objection
The petition was filed by Mufti Muhammad Aslam through his counsel, Advocate Mudassar Chaudhry, with the Governor of Punjab, through the secretary, and other officials named as respondents.
Initially, the petition faced an objection because it challenged an ordinance that had since been passed by the Punjab Assembly and enacted into law. After the petitioner amended the filing to challenge the enacted legislation instead, the registrar cleared it for hearing.
Petition Challenges Under-18 Marriage Provisions
According to the petition, Sections 2(d) and 3 of the Punjab Child Marriage Restraint Act, 2026, are inconsistent with Islamic injunctions and the Constitution.
The petitioner contends that declaring marriages involving individuals under 18 a criminal offence is contrary to Sharia, arguing that the state does not have the authority to interfere in matters governed by Islamic law.
Relief Sought
The petition asks the Federal Shariat Court to declare the legal provisions prescribing punishment for under-18 marriages unlawful and to strike down relevant sections of the Punjab Child Marriage Restraint Act, 2026.
It also requests the court to suspend implementation of the law until a final decision is issued.
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