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Marriage age cap can be state-determined, rules court

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  • FSC’s ruling comes on plea filed by ex-husband of Arzoo Fatima.
  • State’s action not “contradictory” to Islamic laws, the court observes.
  • Court turns down plea filed by Arzoo’s ex-husband Ali Azhar.

KARACHI: The prerogative to set the minimum age for marriage lies with the state, the Federal Shariat Court (FSC) ruled on Monday.

The court’s verdict came on a petition filed by Ali Azhar, the ex-husband of Arzoo Fatima, who had contracted free-will marriage after converting from Christianity to Islam at the age of 13 in 2020.

The Sindh High Court (SHC) declared her marriage invalid for being underage and sent her to a shelter home in November 2020.

Later, her ex-husband moved the Shariat Court, challenging the Sindh Child Marriage Restraint Act 2013, which prohibits the marriage of any child under the age of 18 years old.

The court, in its judgement, turned down Azhar’s petition and ruled that the state has the right to set the minimum age for marriage. The state’s action was not “contradictory” to the Islamic laws, the Shariat Court observed.

SHC dismisses petition

The SHC, in October 2021, had dismissed a petition that challenged the Sindh Child Marriages Restraining Act 2013 terming it against the injunctions of Islam and the Constitution.

The petitioner, Azhar, had requested the high court to declare the vires of the Sindh Child Marriages Restraining Act, 2013, to be against the injunctions of Islam and against the Constitution, so that they would not be applicable to Muslims.

He also sought a declaration that the definition of a child given in the Sindh Child Marriages Restraining Act’s Section 2(a) would be governed or changed with the sign of puberty for Muslims.

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According to Defense Minister Khawaja Muhammad Asif, accusations made against Pakistan by Bushra Bibi, the spouse of the PTI founder, are vile and disgusting because Pakistan has historical relations to the Kingdom of Saudi Arabia.

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The defense minister stated at a press conference in Islamabad that the Kingdom should not be involved in politics for selfish reasons because of our historical, religious, and economic ties with Saudi Arabia.

2.8 million Pakistanis work in Saudi Arabia and send millions of dollars in remittances, he added, adding that making unfounded accusations against the country will hurt Pakistan’s economy.

According to him, Saudi Arabia has always stood by Pakistan throughout its most trying moments, and Pakistanis have a deep affection and connection to the Kingdom.

There is a breach among PTI ranks and files, and Khawaja Asif stated that we have never witnessed such a low point in politics.

Given the gravity of the accusation, the Minister said, former Army Chief Gen. Qamar Javed Bajwa should respond right away.

The Khyber Pakhtunkhwa government should fight terrorism rather than target the city, he said, adding that the PTI’s demand for a demonstration on November 24 is the third strike on the federal capital.

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The Interior Ministry prohibits KP from using government machinery for PTI protests.

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Khyber Pakhtunkhwa is not allowed to use the resources of the Provincial Government for a party protest, according to the Interior Ministry.

On November 24, the PTI has scheduled a protest, and Chief Minister Khyber Pakhtunkhwa Ali Amin Gandapur has declared his intention to participate.

The Federal Government arrested a number of Provincial Government officials who were ordered to participate in the violent protest in Islamabad by the PTI, and confiscated vehicles used by the KP Government against the state during the previous protest in October.

However, the Jinnah Supermarket Traders Union has petitioned the Islamabad High Court to halt the PTI demonstration in the capital and deem it unlawful.

In the petition, the head of the Traders Union has asked the court to rule that the PTI protest violates fundamental human rights by preventing companies from operating and removing the public’s ability to visit stores for necessities.

The petition asked the high court to protect the capital’s workers and PTI founder from unlawful protests.

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Planning Minister: The Nation Is Back on Track for Development

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Ahsan Iqbal, the Federal Minister for Planning and Development, asserts that the country’s youth are its future and that Pakistan has made great strides over the past 77 years, becoming the sixth nuclear state in the world today.

Speaking at a ceremony in Islamabad, Federal Minister for Planning Ahsan Iqbal stated that inconsistent policies have an impact on the development process.

According to Ahsan Iqbal, the CPEC got Pakistan on its path to growth, and the government is currently moving on with phase two of the project.

The country was in danger of defaulting, but the government has put it back on course, he said.

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