Law: Islamabad Capital Territory Child Marriage Restraint Act, 2025

Section: XI,2(a),3,10,11

Law: Contract Act, 1872

Section: IX,11

Law: Majority Act, 1875

Section: XI,2

Law: Constitution of Pakistan, 1973

Section: 199

(a)    Islamabad Capital Territory Child Marriage Restraint Act (XI of 2025)--- ----Ss. 2(a), 3, 10 & 11---Child marriage---Effect---Child marriage is deemed valid under Shariah/Islamic jurisprudence on the basis of consent and attainment of puberty, however, the same is criminalized under the Islamabad Capital Territory Child Marriage Restraint Act, 2025, if the marriage is contracted under the age of eighteen years---Such marriage contracted inter se both or either of the contracting party under eighteen is not void under the Shariah, it is nonetheless punishable by law and treated as contrary to public policy, especially where it undermines minor s physical, emotional, and educational development. (b)    Islamabad Capital Territory Child Marriage Restraint Act (XI of 2025)--- ----Ss. 2(a) & 3---Contract Act (IX of 1872), S. 11---Majority Act (XI of 1875), S. 2---Contract of marriage---Principle---Marriage contract stands on a distinct footing from contracts governed by Contract Act, 1872 owing to personal, religious, and socio cultural dimensions uniquely attached to matrimonial unions---Contractual capacity under S.11 of Contract Act, 1872 is attained upon reaching the age of majority as defined under Majority Act, 1875---Matters pertaining to marriage, dower, and divorce have been expressly excluded, under S.2 of Majority Act, 1875 from its application---Unlike commercial contracts, which are founded purely on legal capacity, marriage contracts are governed under special enactments, wherein determination of age has not been made categorically by the legislature, thereby allowing involvement of personal laws--Minor girl attaining puberty has capacity to contract a valid marriage, provided she gives free and informed consent---Under the Muslim Personal Law, puberty is presumed at the age of fifteen, and once attained, a Muslim female is considered sui juris, capable of entering into a marital contract without the necessity of a guardian s consent. Mauj Ali v. Syed Safdar Hussain Shah and another 1970 SCMR 437; Mst. Bakhshi v. Bashir Ahmad and another PLD 1970 SC 323; Tahira Bibi v. Station House Officer and others PLD…