The Federal Constitutional Court has issued a significant ruling regarding underage marriage, stating that under Islamic law, a Muslim man is permitted to marry a woman from the People of the Book, while the law on underage marriage primarily prescribes criminal penalties.
In its verdict on the case of Lahore resident Maria Bibi, the court declared her conversion to Islam and marriage to Shehryar as valid, stating that there is no religious barrier to such a union.
Maria Bibi had embraced Islam before marrying Shehryar, after which her father filed a kidnapping case that was later dismissed, along with petitions of unlawful confinement rejected by the court.
The court noted that the Child Marriage Act does not explicitly invalidate underage marriages but only provides for penalties, meaning such marriages cannot automatically be considered void.
It further stated that Maria had formally converted to Islam before marriage, with proper declaration and evidence available, while the petitions failed to properly assess her age and relevant documents.
The ruling also clarified that the Federal Constitutional Court is the final authority on constitutional interpretation and is not bound to follow Supreme Court precedents that contradict the Constitution or law.
