The Federal Constitutional Court has issued a landmark ruling on underage marriages, clarifying that Muslim men can marry women from the “People of the Book,” including Christians and Jews.
The case involved Maria Bibi, a Lahore resident who converted to Islam and married Shaharyar. Her father had filed an abduction case, which was dismissed, and submitted petitions for wrongful confinement, which the court also rejected.
The court confirmed Maria Bibi’s conversion and her marriage as legally valid. While the law imposes penalties for child marriage, it does not annul the marriage itself. The court emphasized that Maria had formally accepted Islam before her marriage, and her declaration was officially documented.
Officials noted that previous petitions about wrongful confinement failed to consider her age and the proper legal documents. The court’s ruling stressed that such marriages with women from the “People of the Book” are recognized under Sharia law, provided the woman converts before the marriage.
According to the decision, the Federal Constitutional Court is the highest authority for constitutional interpretation in Pakistan. It is not bound to follow Supreme Court rulings if they contradict constitutional or legal provisions.
Legal experts said the ruling reaffirms the rights of converts and clarifies the scope of Sharia law in interfaith marriages. The court also highlighted that petitions challenging such marriages must consider documented consent and conversion, especially in cases involving minors.
This judgment has drawn attention nationwide, as it provides guidance on legal procedures for marriages involving converts and the “People of the Book.” Scholars note that this ruling may influence future cases and help reduce legal ambiguities regarding interfaith and underage marriages.
The court’s decision underscores Pakistan’s commitment to uphold constitutional authority while balancing religious and civil law provisions, ensuring that conversions and marriages are legally respected when properly documented.
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