Introduction
The legal age for marriage in Pakistan has been a subject of debate and reform for nearly a century. The journey from the Child Marriage Restraint Act of 1929 to the Punjab Child Marriage Restraint Act 2026 reflects a slow but determined evolution of societal values and legal frameworks. This article traces the history of these laws, highlighting the key milestones and the persistent struggle to raise the age of marriage for girls to 18.
The Colonial Legacy: The Child Marriage Restraint Act of 1929
The story begins with the Child Marriage Restraint Act of 1929, a piece of colonial legislation introduced by Muhammad Ali Jinnah during his time in the British India Legislative Assembly. Originally, the Act set the minimum age for marriage at 14 for girls and 16 for boys. It was a modest but progressive step for its time, aiming to curb the widespread practice of child marriage in the subcontinent. For decades, this law remained the primary legal framework governing marriageable age in Pakistan.
The Muslim Family Law Ordinance of 1961
A significant amendment came with the Muslim Family Law Ordinance (MFLO) of 1961, promulgated under President Ayub Khan’s regime. The MFLO raised the minimum age of marriage to 16 for girls and 18 for boys. This change was a response to growing awareness of the health and social consequences of early marriage, particularly for teenage girls. The MFLO was a watershed moment, introducing a range of reforms in family law, including marriage registration and restrictions on polygamy.
Post-18th Amendment: Provincial Legislations and Disparity
The 18th Amendment to the Constitution of Pakistan in 2010 devolved legislative power over many subjects, including marriage, to the provinces. This led to a patchwork of laws across the country. Between 2013 and 2020, several bills were introduced at both federal and provincial levels to harmonize the marriageable age at 18 for both genders. Sindh became the first province to pass the Sindh Child Marriage Restraint Act in 2013, setting the minimum age at 18 for both boys and girls. However, progress in other provinces was slower, with Khyber Pakhtunkhwa, Balochistan, and Punjab maintaining the 16-year limit for girls for many years.
The Recent Breakthrough: Punjab and ICT
In a recent breakthrough, the Islamabad Capital Territory (ICT) passed the Child Marriage Restraint Act in 2025, followed by Punjab’s landmark legislation in April 2026. These developments are part of a broader push to align Pakistan’s laws with international human rights standards, particularly the UN Convention on the Rights of the Child (UNCRC), which defines a child as anyone under 18. The Punjab Act not only raises the age to 18 but also introduces severe penalties and makes child marriage a non-bailable offence.
The Road Ahead
While Punjab, Sindh, and ICT have set the legal age at 18, Khyber Pakhtunkhwa and Balochistan still lag behind, with the legal age for girls remaining 16. The National Assembly’s Special Committee on Gender Mainstreaming has recommended that both national and provincial governments establish a uniform legal marriage age of 18 across the country. The Minister of State for Law and Justice has also emphasized the importance of achieving uniformity in marriage laws across all provinces. The journey towards a uniform age of 18 is a long and winding one, but each step brings Pakistan closer to fulfilling its commitments to protect children’s rights.