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Senate Passes Bill Banning Marriage Under 18; JUI Walks Out

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Senate Passes Bill Banning Marriage Under 18; JUI Walks Out
Senate also unanimously approves the amendment to Anti-Rape (Investigation & Trial) Act 2021

Islamabad (Sabah News):

The Senate passed the bill prohibiting marriage under the age of 18. The motion to refer the bill to the Islamic Ideology Council was rejected, leading to a walkout by members of Jamiat Ulema-e-Islam (JUI) during the voting. The Senate also unanimously approved an amendment bill to the Anti-Rape (Investigation & Trial) Act 2021.

The Senate session began under the chairmanship of Acting Chairman Syedal Khan, where Pakistan Peoples Party (PPP) Senator Sherry Rehman presented the child marriage bill. Sherry Rehman stated that girls become mothers at the age of 16, and many die during childbirth due to early marriages. She added that this bill was unanimously passed by the Senate in 2013.

JUI Senator Kamran Murtaza said the bill is in conflict with the Islamic system and should be referred to the Islamic Ideology Council. Senator Maulana Atta-ur-Rehman argued that allowing children to make decisions without parental consent would turn society into a European one. He added that taking such rights away from parents in an Islamic society would have consequences. JUI opposed the bill and announced a walkout, demanding the bill be referred to the relevant committee.

He further said they want the opinion of the Islamic Ideology Council before the bill is passed. The Deputy Chairman of the Senate suggested holding a debate on the bill in the House. During the debate, Pakistan Tehreek-e-Insaf (PTI) also supported referring the bill to the Islamic Ideology Council. PTI Senator Dost Muhammad Khan said Pakistan should not be turned into a European country and decisions should align with the Council’s opinion.

Senator Rubina Qaimkhani said the bill was first introduced in the Sindh Assembly and had already been approved by the Islamic Ideology Council. She criticized those who never visit rural areas where young girls are commonly married off. Senator Atta-ur-Rehman responded that JUI has no members in the Sindh Assembly.

Senator Khalil Tahir Sandhu challenged critics to name one Muslim country other than Pakistan where the legal marriage age is below 18. Senator Aimal Wali Khan stated that Islam sets puberty as a condition for marriage, not age. He added that instead of importing Western ideas, the focus should be on banning forced marriages and ensuring consent and maturity.

Maulana Abdul Wasay said this issue is being made controversial unnecessarily. He argued that laws about marriage and divorce are not the jurisdiction of Parliament. If such a bill is passed without consulting the Islamic Ideology Council, JUI would strongly condemn it.

Senator Farooq H. Naek questioned where it is stated in Islam that puberty is defined by a specific age. He emphasized that under national law, anyone under 18 is considered a child. Senator Samina Mumtaz called child marriage a sin, noting that even in Egypt it is banned.

Maulana Atta-ur-Rehman cited historical references about the age of Hazrat Aisha (RA) at marriage, which vary between 9, 12, and 14 years. Senator Sarmad Ali countered that the issue is social, not religious, pointing out that even Saudi Arabia now sets 18 as the minimum marriage age.

Senator Sherry Rehman argued that it is the state’s right to determine the age of maturity. She said the law has been enforced in Sindh for 11 years and has not been overturned by the Federal Shariat Court. Senator Naseema Ehsan congratulated Sherry Rehman and shared her own experience of being married at 13 while still in 7th grade. She noted that not all in-laws are kind and questioned whether it’s right to marry off girls who hit puberty as early as 9 or 10 years old.

After debate, the Deputy Speaker called for a vote on the child marriage prevention bill. JUI senators boycotted the House, and the remaining members unanimously passed the bill.

Separately, the Senate passed several other bills:

Quorum was pointed out in the Senate. Bells rang for 5 minutes to summon members. After headcount, the quorum was complete.

Senator Samina Mumtaz Zehri withdrew the following bills:

Senator Azam Nazir Tarar praised the House for passing many long-pending bills, some dating back five years.

Other developments:

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