PHOTO: AFP/ FILE
Another move to ban child marriages in Pakistan has fallen at the first hurdle. The bill to prohibit underage marriages has been withdrawn after the Council of Islamic Ideology (CII) declared it un-Islamic.
The ruling party lawmaker, who moved the bill, withdrew her proposal on Thursday following staunch resistance from the council, which advises the legislature whether or not a certain law is Sharia-compliant.
Child marriage restraint bill : Activists lash out at govt for preparing flawed draft
The National Assembly’s Standing Committee on Religious Affairs and Interfaith Harmony rejected the Child Marriage Restraint (Amendment) Bill 2014 after the CII dubbed it ‘anti-Islamic’ and ‘blasphemous’.
The committee meeting, which was presided over by its Chairman Hafiz Abdul Karim, unanimously rejected the bill on ‘purely religious grounds’. Afterwards, PML-N’s Marvi Memon also withdrew her proposal.
The proposed legislation had recommended harsher punishments for those entering conjugal contracts with minors.
Last week, lawmakers in the Gilgit-Baltistan Assembly had also blocked a bill seeking ban on child marriages over similar concerns.
Of child marriages and medieval mindsets
The CII has already ruled the minimum age stipulated for marriage in the Child Marriages Restriction Act of 1929 does not comply with Islamic laws.
In May 2014, amid severe criticism from various quarters, the council had endorsed its earlier ruling that girls as young as nine years old were eligible to be married “if the signs of puberty are visible”.
About two years ago, CII Chairman Mohammad Khan Sheerani told the National Assembly that the council had given its recommendations over the suggested law and this should not have been discussed anymore.
He made these comments after Marvi had introduced the bill seeking amendments in the marriage act. The bill was then backed by MNAs Asiya Naz Tanoli, Muhammad Pervaiz Malik and Shaista Pervaiz.
Sheerani had opposed the proposed amendments, saying they were contrary to Islamic teachings and laws.
Opposition to anti-child marriage bill
“Parliament cannot create legislation that is against the teachings of the Holy Quran or Sunnah,” he had said while backing his arguments with relevant laws and a few references from the Holy Quran and Hadith.
According to Islamic laws, marriage can be solemnised when a girl attains puberty, Sheerani claimed. Under the Constitution, the CII chairman is the final authority in the council with the choice to overrule the voice of all members. While the CII’s decisions are not binding on parliament, they are treated as the guiding principles to frame laws.
Published in The Express Tribune, January 15th, 2016.
Shame on these lawmakers, if the 9 year girl can get married, then what is the age of child in Child rape case recently. They can all fight case that they were adult and get lesser punishment. Who in right mind will marry off young kid, who can’t take care of themselves, forget about future children they will bear at young age.Recommend
If anyone wanted any reason as to why religion should not be the Business of the State…. here it is. Recommend
Ban CII instead. Everybody would be happpy with it. Recommend
Will any one of the gentlemen in the CII allow his 9 year old daughter to be married off?Recommend
Read somewhere recently that previously believers shaped their lives to follow the religion and now they are shaping religion to follow their lives or beliefs. Islam cannot be illogical or brutal. Child age marriage is both and hence cannot be a practice that Islam can encourage. The mullahs have to understand that a girl reaching puberty and hence being of marriageable age is one thing (and let’s say we accept this edict), but a law prohibiting child marriage is another thing, not at all contradicting the first edict. No where does Islam say that just because a girl-child is of marriageable age, her marriage should not be delayed if it is serving a higher social purpose and is better for both the girl and for society.Recommend
I am not a scholar on this topic but instead of defining age , the law should be different for different individuals. A girl below 18 years should get a medical fitness certificate from a gynecologist to be eligible for marriage. May be a girl as young as 15 is eligible for marriage but a girl as young as 17 years is not. That is why Islam has not defined a lower age limit. Instead medical fitness is the criteria.Recommend
This simply shows the perverted thinking of our Law makers and our clergy. Recommend
If the CII’s decisions are not binding under the Constitution, I think it’s mainly the failure of the parliament to assume itself a hostage to such unrepresentative bodies. They could have set aside the opinions of the CII but they don’t seem to be bothered.Recommend
You are all trying to superimpose 20th century man made rules of female maturity, left to us by our colonial masters, over rules made by the Great Lawgiver. A female is ready for marriage when she has her period. Period! Surely the law of God cannot be inferior to the laws of man? I feel Mr. Shirani is doing a sterling service by explaining the “mind” of God, as it were, and guiding our lawmakers to make laws that do not run foul of the Divine Will. Recommend
More evidence how modern and progressive Pakistan has become! LOL!
Hope this makes the world media sites to showcase Pakistani mindset!Recommend
Paedophiles, the lot of them! Recommend
@karl:
No but they would probably marry someone else’s nine year old daughter very happily! Disgusting! Recommend
It did not surprise me at all. I recall Moulana Mufti Mahmood of DIK K-P had married a 16 years girl while he was in his 60s. Shame on these religious outfits and so called religious scholars who thinks that it is un-Islamic to put a ban on children’s getting married. Shame on the Parliament to with draw the proposal, are we living in the dark ages. By the way who needs this Council of Islamic Ideology telling us who is Muslim and who is not. We grow up studying Islam and understand Islam and we don’t need some people sitting there on the pay roll of Public tax payers money telling us about Shariah laws. We know what those laws are. Recommend