Court upholds marriage of underage Christian girl

Islamabad (Web Desk) – The Federal Constitutional Court has issued a landmark ruling regarding the marriage of Christian girls under the age of 18 to Muslim men.

According to sources, the court affirmed that Muslim men may marry women according to Sharia law. While underage marriage remains punishable under the Child Marriage Act 1929, the court clarified that the law does not allow the dissolution of such marriages; it only provides for criminal penalties.

The decision upheld the case of Maria Bibi, a Lahore resident who converted to Islam before marrying a man named Shahryar. The court recognized her conversion and marriage as valid, noting that Maria willingly entered into the union and her declaration supports this. The validity of documents from Dar Al-Afta or questions about her age cannot be challenged in cases of alleged unlawful detention.

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The court emphasized that the Federal Constitutional Court is the final authority on constitutional interpretation, and all other courts, including the Supreme Court, are bound to follow its rulings. It also clarified that it is not obligated to follow Supreme Court precedents that conflict with the Constitution or statutory law.

Maria’s father had previously filed a kidnapping case in 2015, which was dismissed, claiming she was underage. Later, he filed habeas corpus applications citing her minor age, which were also rejected. The court noted contradictions in the father’s statements regarding her age and inconsistencies in the documents presented.

According to the ruling, Maria personally appeared before the magistrate and confirmed that she married of her own free will without coercion, reinforcing the court’s decision to uphold the marriage.