چائلڈ میرج ریسٹرینٹ بل 2025 کا اسلامی تعلیمات کی روشنی میں تنقیدی جائزہ

A CRITICAL REVIEW OF THE CHILD MARRIAGE RESTRAINT BILL 2025 IN THE LIGHT OF ISLAMIC TEACHINGS

Abstract

The Child Marriage Restraint Bill 2025, recently proposed in Pakistan, has reignited the perennial discourse on reconciling statutory law with religious jurisprudence. This study undertakes a critical examination of the bill through the lens of Islamic legal theory, with particular emphasis on the principles derived from the Qur'an, Sunnah, and the consensus of classical jurists (ijma). While the bill seeks to establish 18 years as the minimum age for marriage ostensibly to safeguard children’s rights, it inadvertently conflicts with foundational Islamic doctrines wherein the attainment of puberty (bulugh), accompanied by intellectual and emotional maturity, constitutes the primary prerequisite for marital eligibility. By juxtaposing the proposed legal framework with established Islamic jurisprudential principles, this research highlights the inherent discord between the two, particularly in the context of personal freedom, societal structures, and religious autonomy. The analysis further contends that legislative interventions devoid of theological legitimacy and cultural sensitivity risk engendering jurisprudential inconsistencies, legal anomalies, and societal dissonance. The paper concludes by advocating for a nuanced, integrative legal paradigm that aligns necessary social reforms with the immutable principles of Islamic law, thereby fostering both legal coherence and communal harmony.