In the Nagoha area of Swat Barikot tehsil, a 70-year-old man named Hanifa has had a Nikah signed to a 13-year-old named Mubina. The marriage contract has been signed by two witnesses, and Mubina’s father has received a plot of land worth around Rs 1 million (10 lakh) as part of the agreement. Mubina has been taken out of school. A 6th-grade student, Mubina claims that she was forced into the marriage against her will and alleges that her parents and the groom's family have been pressuring her to accept it.
According to Mubina, she was at school when her friend told her that she had been married. When she returned home, people were congratulating her, and she went to her room and started crying. That was when Hanifa, the 70-year-old groom, came into her room and congratulated her on their marriage.
According to UNICEF, 21% of girls in Pakistan are married before 18, and 74% of child marriages occur in Khyber-Pakhtunkhwa province
Mubina has stated that she told her parents that she doesn't want to get married because she wants to focus on her education and play. However, she alleges that they haven't listened to her and have instead forced her into the marriage.
Irfan Babak, director of the human rights organization ‘The Awakening,’ has told The Friday Times – NayaDaur that child marriage is a serious issue in Pakistan, where 42% of the population is under 18. According to UNICEF, 21% of girls in Pakistan are married before 18, and 74% of child marriages occur in Khyber-Pakhtunkhwa province, where Swat is located. Babak has stated that poverty, lack of education, and cultural and religious beliefs are among the reasons for child marriage in Pakistan. He has emphasized the need for legislation to prevent child marriage, and noted that while Pakistan's constitution prohibits child marriage, the law is not enforced.
Babak further told TFT-ND that 23 Muslim countries have laws prohibiting child marriage, and that Pakistan should follow their example.
“Many people, including scholars, claim that Hazrat Ayesha’s (RA) marriage also took place at a young age, but credible historical records and references confirm that Hazrat Ayesha Bibi was 16 or 17 years old at the time of her Nikah, and 18 or 19 years old at the time of her marriage.”
The district public prosecutor has stated that if Mubina's age is confirmed to be below 16, her parents and the groom's family may face legal action. If her age is confirmed to be 16 or above, she will be considered an adult, and her consent to the marriage will be taken into account. If she has not given her consent, then her parents and the groom's family may face legal action.
The Human Rights Commission of Pakistan (HRCP) has taken notice of the case and intervened to stop the marriage.
The police have also taken action, and Mubina has been presented before a medical board to determine her age. The DSP of Swat, Hassan Sher, has stated that the 70-year-old groom married Mubina through a legal contract, but the marriage has not been consummated yet.
Further action will be taken based on the board's findings about Mubina’s age.