Constitutional Court Rules Underage Marriage Does Not Invalidate Nikah
Islamabad: The Federal Constitutional Court has issued a significant ruling regarding underage marriages, stating that a marriage (nikah) conducted below the legal age cannot be annulled solely on the basis of age.
According to the court’s decision, while the Child Marriage Restraint Act of 1929 prescribes criminal penalties for underage marriages, it does not provide for the dissolution of such marriages. The court clarified that the law only addresses punishment and does not declare such marriages void.
The ruling also reaffirmed that Muslim men are religiously permitted to marry women from the “People of the Book.”
During the proceedings, the court upheld the marriage of Maria Bibi, a Christian girl who converted to Islam before marrying a Muslim man named Shehryar. The court noted that her conversion was properly documented and that she had willingly entered into the marriage.
The court further observed that in habeas corpus petitions, issues such as the girl’s age or the authenticity of religious documents cannot be thoroughly examined.
In its judgment, the court emphasized that it is the final authority for constitutional interpretation, stating that even the Supreme Court is bound to follow its rulings. It added that the Constitutional Court is not obligated to follow precedents set by the Supreme Court if they conflict with the Constitution or the law.
The case dates back to July 2015, when Maria’s father filed a kidnapping complaint after her marriage, which was later dismissed. Maria consistently stated before the court that she had married of her own free will and was not abducted.
Subsequently, her father filed multiple petitions claiming she was underage, but these were also dismissed. The court pointed out contradictions in the father’s statements regarding her age and questioned the reliability of the documents presented. According to NADRA records, the age difference between Maria and her younger sister was less than eight months, raising further doubts about the claims.
The court concluded that Maria had appeared before a magistrate and confirmed that she had entered into the marriage voluntarily and without any coercion.
