In a significant legal development, the Federal Constitutional Court has ruled that underage marriages can be punishable under law but cannot be dissolved, while also validating a controversial conversion and marriage case in Lahore.
A major constitutional ruling has reshaped the legal debate around underage marriage and religious conversion in Pakistan. The Federal Constitutional Court has upheld the marriage of a Christian girl who converted to Islam, declaring it legally valid.
The court ruled that Maria Bibi, a resident of Lahore, legally converted to Islam before marrying a Muslim man named Sheharyar. The court noted that there was a formal declaration confirming her conversion prior to the marriage, strengthening the legality of the union.
In its detailed judgement, the court clarified that while underage marriage may lead to criminal punishment, the marriage itself cannot be terminated.
The court emphasized that the Child Marriage Act only provides for penalties in such cases and does not mention dissolution of underage marriages.
Sharia law allows such marriages
The court further stated that under Sharia law, a Muslim man is permitted to marry a woman from the 'People of the Book,' including Christians. This interpretation was cited as a key factor in validating the marriage between Maria Bibi and Sheharyar.
Maria's father had initially filed a kidnapping case against Sheharyar, which was dismissed by the court. He also submitted habeas corpus petitions seeking his daughter’s recovery, but these applications were also rejected by the Constitutional Court.
The judgement pointed out that the girl’s age and related documents were not properly examined in the petition concerning unlawful detention. This observation formed part of the court’s reasoning in dismissing the case.
Constitutional Court asserts authority over interpretation
In a broader legal observation, the court stated that the Federal Constitutional Court -- not the Supreme Court -- is the final forum for constitutional interpretation. It further ruled that all courts, including the Supreme Court, are bound to comply with its decisions.
The Constitutional Court also clarified that it is not obligated to follow Supreme Court precedents if they contradict the Constitution or existing law.
This position underscores the court’s authority in matters of constitutional interpretation.
