Christian girl's marriage to Muslim boy and the disappointing decision of the Federal Constitutional Court of Pakatan. By Dr. Emanuel Adil Ghouri

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On March 26, 2026, Justice Syed Hassan Azhar Rizvi, the head of a two-member bench of the Federal Constitutional Court, while hearing a case regarding the marriage of a 12-year-old Christian girl, Maria Bibi, to Muhammad Shahryar Ahmed, said that according to Sharia, a Muslim man has the right to marry a woman belonging to any People of the Book religion, including Christian and Jewish women. Some other court decisions have stated that a Muslim boy and a Christian girl can marry without converting, because the Christian girl is considered one of the "People of the Book".

The question arises whether only Christian women are People of the Book, not christian  men  because according to Islamic law, it is not permissible for a Muslim girl to marry a Christian man. If such a marriage is concluded, the marriage is considered null and void (invalid) according to Islamic law. Muslims are unanimous that a Muslim woman can only marry a Muslim man However, according to the circumstances and events, if a Muslim girl marries a non-Muslim for love, she is usually killed in the name of honor.

The additional remarks made by the Honorable Judge while hearing the case have no relevance to the proceedings of the case, but his statement to divert attention from the case has become a topic of heated debate on national and social media, and the petitioner's position has been suppressed.  According to details, Shahbaz Masih, a resident of Lahore, registered an FIR under Sections 363 and 365B of the IPC for the kidnapping of his daughter Maria Bibi at his respective police station.During the investigation, what happened is the same as in hundreds of other cases: the girl is harassed, saying that if she does not give her consent to the kidnapper, she will be killed. Not only that, but her parents and siblings will also be killed, which usually causes the girls to become frightened and give statements in favor of the kidnapper.

In this case too, Maria Bibi gave a statement that she had married of her own free will, on the basis of which the police dismissed the kidnapping case registered against ofender   and handed the girl over to Muhammad Shahryar Ahmed. Upon which Maria Bibi's father filed a petition with the Additional Sessions Judge, Lahore, for the recovery of his daughter under Section 491. The court, taking into account the woman's statements before the magistrate and the Justice of the Peace, rejected the petition on October 9, 2025.  The Lahore High Court also dismissed the writ petition filed against this decision on October 17, 2025, after which the petitioner approached the Federal Constitutional Court. The said court  FCC has declared the marriage between a Christian girl and a Muslim boy valid in this important decision.

The text of the case was not only about the marriage of a Christian girl to a Muslim boy, but also included a demand for action against the violation of the Child Marriage Restraint Act.  Considering the constitutional and legal requirements, this marriage is a violation of the Child Marriage Restraint Act 1929 and the Anti-Child Marriage Act 2025 .According to the Penal Code of Pakistan, the punishment for this crime for a boy is three years imprisonment with hard labor and a fine, while for marriage brokers and other facilitators, it is six months imprisonment and a fine of Rs. 50,000.

The girl's father, the plaintiff in the case, Shahbaz Masih, presented a birth certificate issued by his residential area, Canal View Union Council, Lahore, and a Child Registration Certificate (CRC) from NADRA to prove his position and the minor age of the girl. The honorable court, while declaring the official document insufficient and suspicious, accepted the verbal date of birth mentioned in the marriage certificate as correct.

In this highly sensitive case, from the local magistrate's court to the Federal Constitutional Court, the case was dismissed solely on the basis that the girl had converted to Islam and married, while the other crimes committed in this regard were ignored.  The verdict has disappointed Pakistani Christians, causing them to suffer from anxiety and mental anguish. It is believed that the remarks and verdict of the esteemed judge will strengthen the case against forced marriage and religious conversion, and the verdict in this case will be used as a reference in future cases

In this regard, Jamiat Ulema-e-Islam's religious and political leader Maulana Fazlur Rehman has already made it clear that he will oppose and disobey proposed legislation, such as the 'Anti-Child Marriage Act 2025', which criminalizes marriage below the age of 18. He has vowed to continue facilitating and participating in marriages of children between the ages of 10 and 16, as a protest against the government's stance.

 

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