Court upholds underage Christian girl’s marriage after conversion
2 min readIn a significant ruling, the Federal Constitutional Court on Thursday declared the marriage of an underage Christian girl, Maria Bibi, to a Muslim man, Shehryar, as both legally and religiously valid.
In its judgment, the court held that Muslim men are permitted to marry women from “People of the Book” (Ahl-e-Kitab) and noted that the Child Marriage Restraint Act only prescribes penalties for underage marriages but does not grant authority to annul such unions.
The court ruled that Maria Bibi’s marriage was valid, stating that she had converted to Islam prior to the marriage and that a formal declaration of her conversion was on record.
The judgment said that in habeas corpus petitions, the court cannot examine issues such as the girl’s age or the authenticity of documents issued by religious authorities.
The ruling also clarified that the Federal Constitutional Court, not the Supreme Court, is the final forum for constitutional interpretation, and that all courts, including the Supreme Court, are bound by its decisions.
Additionally, the court stated it is not obligated to follow precedents set by the Supreme Court if they are found to be inconsistent with the Constitution or the law.
According to the case background, Maria Bibi had married Shehryar of her own free will.
Her father had filed kidnapping charges as well as habeas corpus petitions, which were ultimately dismissed by the Constitutional Court.
The court concluded that the marriage was consensual and that there was no evidence of abduction or coercion.
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