The Lahore High Court (LHC) has called upon the legislature to enact a clear and comprehensive law governing the dissolution of marriage when a non-Muslim woman embraces Islam, observing that the absence of such legislation for more than three decades has resulted in legal uncertainty and hardship.
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In a recent judgment authored by Justice Tariq Saleem Sheikh, the court referred to the landmark Safia Bibi case decided in 1997, which highlighted a constitutional mandate for framing a legal procedure in such matters. The judge noted that despite clear judicial guidance, no law has been enacted to address the issue, creating what he described as a “legal vacuum.”
Justice Sheikh pointed out that Article 35 of the Constitution obligates the state to protect the institution of marriage, the family, the mother and the child, while Article 36 requires safeguarding the legitimate rights and interests of minorities. Read together, he said, these provisions impose a duty on the legislature to regulate the dissolution of marriage in cases involving religious conversion.
The court observed that the lack of a statutory framework exposes women to potential criminal liability, creates confusion for law enforcement agencies, and places subordinate courts in a difficult position when dealing with such disputes. While the present case did not involve issues related to children, the judge cautioned that questions of legitimacy, custody and lineage could arise in future cases.
The judgment was issued on a petition filed by a Christian woman who complained of police harassment after marrying a Muslim man following her conversion to Islam. The woman had previously been married under Christian law, but her divorce proceedings were dismissed on technical grounds.
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Justice Sheikh stressed that disputed questions regarding the validity of marriages and potential criminal liability could only be decided by a competent forum after hearing all concerned parties. He urged the legislature, in consultation with the Council of Islamic Ideology, to enact a uniform law that balances religious freedom under Article 20 with the constitutional protection of family life.