ISLAMABAD: Federal Constitutional Court has ruled that Muslim men may lawfully marry Christian women under Sharia principles, but marriages involving girls under 18 remain punishable under the Child Marriage Restraint Act, 1929.
The verdict, delivered in a case from Lahore, clarified that while underage marriages are criminalized, they cannot be annulled under existing law. The ruling has drawn attention to the tension between religious jurisprudence and statutory protections for minors.
The case concerned Maria Bibi, a 12-year-old Christian girl whose father alleged she had been abducted and married unlawfully to a Muslim man, Shehryar Ahmad. Maria, however, recorded statements affirming she had married of her own free will.
The Lahore High Court had earlier dismissed petitions for her recovery, noting her voluntary declaration of marriage. The FCCP upheld this stance, stressing that custody with her husband could not be termed illegal.
In its reasoning, the Court cited precedents from the Supreme Court of Pakistan affirming that child marriages, though punishable, remain valid under Muhammadan law. It noted that the Child Marriage Act prescribes penalties but does not provide for annulment, leaving courts unable to declare such unions void. The judges also recognized Maria’s conversion to Islam, supported by an affidavit and certificate of faith, as valid under Islamic law.
Legal experts believe that the judgment highlights a delicate balance in the law, that while underage marriages are treated as an offense, they continue to carry legal weight.
