The Federal Constitutional Court has ruled that Muslim men are religiously permitted to marry women from Ahl-e-kitab (people of the book), while underage marriages, though punishable under law, do not automatically become void.
According to the detailed judgment issued on march 26, the court clarified that the Child Marriage Restraint Act 1929 does not explicitly declare underage marriages invalid but only prescribes criminal penalties. therefore, a marriage involving minors cannot be considered void solely on the basis of age.
The ruling came in a case involving Maria Bibi, a resident of Lahore, whose conversion to Islam and subsequent marriage to a man named Shehryar was declared valid. The court noted that Maria had embraced Islam prior to marriage and that her declaration of conversion was available on record.
The court further observed that in habeas corpus petitions, detailed examination of the girl’s age or verification of documents issued by religious authorities such as dar-ul-ifta cannot be undertaken, as such cases fall within a limited jurisdiction.
It was also stated in the judgment that the FCCP is the final forum for constitutional interpretation, and all courts, including the Supreme Court of Pakistan, are bound by its decisions. The court added that it is not obligated to follow supreme court rulings if they are found to be inconsistent with the constitution or the law.
According to the case background, Maria Bibi had converted to Islam and married of her own free will. Her father had initially registered a kidnapping case, which was later dismissed. Maria told the court that she had not been abducted and had entered into the marriage voluntarily. Her father subsequently filed habeas corpus petitions on the basis of her age, which were dismissed by various courts, including the federal constitutional court.