“What is the use of law against child marriage? My area doesn’t have a single girls school. If she isn’t studying, of course, the best solution for me is to get her to get married as early as possible at least my burden will be over”, were the words uttered by a participant in a seminar held in a five-star hotel to support the child marriage restraint bill. Presenters and speakers from all walks of life assured that they will get the legislation done at any cost whatever challenges they come across .Even the like-minded religious scholars also were of the opinion that early marriage is to be discouraged however it has to be with a holistic approach some were of the opinion that education and awareness among girls need to be focused with ID card to be mandatory at the time of marriage. The Women Parliamentary Caucus KP ensured the follow up of the bill however we still have to see the importance of their say in decision making as the provincial cabinet in KP has yet to have a female minister or advisor etc.
Islam being the most feminist religion keeps the doors of critical thinking open with Ijtihaad and Ijma but unfortunately these options are rarely availed. Religious leaders must take a lead in this regard to talk about the issues and its solution
Child marriage is a global phenomenon with Pakistan ranking at number six in the world. Early marriage deprives of the girl of her right to decide on her sexual health and desire, drifting her away from her right to education and health. It also adds up the probability of different types of abuse violence and harassment with ill health and poor prospects. As per a UNICEF report 21percent girls in Pakistan are married before the age of 18 The existing Child marriage Restraint Act 1929 was passed on 28 September 1929 in the Imperial Legislative Council of India before partition. It fixed the marriage age for girl 14 years and boys it was 18, which was later on amended 18 for girls and 21 for boys in case of violation it talks of one month imprisonment and a fine of Rs 1000.. Rai Sahib Herbilas Sarda a representative of Hindu Community introduced the bill and interestingly it was very strongly supported by Quadi Azam Mohammad Ali Jinnah at that time. The presence of Quaid e azams support the founder of Pakistan very clearly depicts the vision of the founder of Pakistan with this basic right for all human beings and especially for girls. Why are we still in affix when it comes to many laws and legislation plus the ineffective implementation of certain female related laws? Is it so as we are still in phase of confusion regarding what to opt for ?A modern democracy an Ideal Islamic state or a blend of both ?Since we attained Pakistan in the name of religion plus the preamble of our constitution clearly dictates that all laws in alignment with Quran and Sunnah? Child marriage seems to be an issue as a result of multiple factors in our society. Since we are Islamic republic of Pakistan our books and the content in our text books is naturally and purposely influenced by the examples from Islamic history. I still remember my Islamiat lessons telling us about many great muslim personalities and women getting married at a very early age .Unfortunately our teachers wouldn’t explain the context of certain important events along with the necessary details to avoid the little minds getting confused. What were the traditions at that time what was the level of mental and physical maturity of girls 1400 years ago ?Was it a tradition? Was it mandatory or optional? What were the levels of physical and mental maturity at that time and so many aspects? Critical thought process and the specific context is usually missing when ever such examples are quoted. Now early age marriage for girls is usually justified in the name of Sunnah and many other examples from the history but without a context and without critical thinking Till we have such examples in our text in our books such bills will keep facing challenges as early marriage will be justified in the name of religion no matter how much you sensitize people on basic constitutional rights and national and international commitments for child rights and for girls .Interestingly the examples from early Islamic history are strongly followed and referred in early marriage but the first example set by Prophet Mohamed PBUH that he married a respectable widow and that too elder to her is rarely seen to be followed. A widow if gets remarried will face the consequences throughout her life and a boy getting married to a girl elder to him has his challenges and advises and so will the girl have. Secondly attaining Puberty for a girl is referred as the parameter for a girl to get married but how can you expect a little girl who needs to be over with the trauma of her natural cycle and hormonal changes as it usually leads to depression , uneasiness ,isolation etc can hardly take care of herself how can it be assumed that she is certified to take care of a husband a household and bear children and cope with all these responsibilities of a family of motherhood of better half? Gender in Equality in the patriarchal society where under the cultural norms and values wrapped up in religious directives, along with existing practices and stereotypes for girls like the girls need to get married as early as possible to be protected from any type of abuse and harassment of the society etc. Search for young brides so that they can be easily controlled, molded and bear more children .A girl who seems to be more in age is usually considered a threat a burden to the existing pattern of society Moreover man can get married at any age but for girls growing age turns out to be a stigma and an elderly bride is usually considered of no use a stigma. Rampant growth in population and preference for boys is another reason for the little girls to get married earlier
Islam being the most feminist religion keeps the doors of critical thinking open with Ijtihaad and Ijma but unfortunately these options are rarely availed. Religious leaders must take a lead in this regard to talk about the issues and its solution. Council of Islamic Ideology can take the lead initially with the inclusion of religious leaders from divers faiths too on the issue of child marriage and the family planning and population control too, as CCI has already taken a few remarkable steps like Paigham E Pakistan n with more than 1800 religious scholars from all sects Awareness on Child s rights needs to be a part of child’s learning at different educational levels. Effective implementation along with drafting of new laws is the need of hour too. Let the fundamental right of education be ensured with equality and equity for all girls and last but not the least men and boys also need to be educated and sensitized along with girls on marriage as right responsibilities , issue of child marriage and the negative consequences of it.
The writer has experience in the field of education and is currently working as a resource person in the development sector