The Federal Constitutional Court of Pakistan has issued a significant ruling regarding the marriage of underage Christian girls to Muslim men, addressing both religious and legal dimensions of such cases.
In its verdict, the court stated that under Islamic law, Muslim men are permitted to marry women from أهلِ کتاب (People of the Book). However, it clarified that under the Child Marriage Act, underage marriage can lead to criminal penalties, though the marriage itself cannot be annulled solely on that basis.
The court further observed that existing laws only prescribe criminal punishment for child marriage and do not invalidate the marriage contract. It also noted that the girl had converted to Islam before the marriage, supported by a formal declaration.
Addressing procedural matters, the court stated that issues such as age verification or the authenticity of religious documents cannot be fully examined in habeas corpus petitions. It emphasized that the girl had voluntarily appeared before a magistrate and confirmed that she entered the marriage without coercion.
The ruling also highlighted the authority of the constitutional court, stating that it is the final forum for constitutional interpretation, and all other courts, including the Supreme Court of Pakistan, are bound to follow its decisions.
Additionally, the court remarked that precedents set by the Supreme Court are not binding if they conflict with the Constitution or statutory law, reinforcing the constitutional court’s independent interpretive authority.
The case involved Maria Bibi from Lahore, who converted to Islam and married a man named Shehryar. The court noted inconsistencies in the father’s statements regarding her age, further complicating the case.
