FCC Rules Child Marriages Punishable but Not Void Under Law

1 min read

ISLAMABAD: The Federal Constitutional Court has ruled that while underage marriages may invite criminal liability under the Child Marriage Act, 1929, such unions cannot be declared void, holding that the law provides only for penal consequences and does not invalidate the marriage itself.

In a detailed judgment authored by Justice Hassan Azhar Rizvi, the court also held that under Islamic law, a Muslim man is permitted to marry women from the “People of the Book”, including Christians and Jews.

The ruling came in a case involving a Lahore-based girl, Maria Bibi, who had converted to Islam and married a Muslim man, Shehryar. The court declared both her conversion and marriage valid, observing that she had embraced Islam before the nikah and had submitted a formal declaration to that effect.

Explaining the legal framework, the court noted that the Child Marriage Act, 1929 — a colonial-era law still in force in parts of Pakistan — criminalises marriages where either party is below the prescribed age, but does not render such marriages void or voidable. Instead, it prescribes punishments, including fines and imprisonment, for those facilitating or contracting child marriages.

The court further ruled that questions relating to the girl’s age or the authenticity of religious documents, such as those issued by a Darul Ifta, could not be examined in habeas corpus proceedings, which are limited to determining unlawful detention.

It also made significant constitutional observations, declaring that the Federal Constitutional Court — not the Supreme Court — is the final forum for constitutional interpretation. It held that all courts, including the Supreme Court, are bound by its rulings, and that it is not obligated to follow precedents set by the apex court if they are inconsistent with the Constitution or statutory law.

Addressing the facts of the case, the court pointed to contradictions in the father’s claims regarding his daughter’s age. In the FIR, he stated she was between 13 and 14 years old, while during arguments, he claimed she was 12 years and nine months old.

The court also questioned the reliability of documentary evidence presented, noting that according to NADRA records, the age difference between Maria and her younger sister was less than eight months — a discrepancy that cast doubt on the veracity of the documents.

Importantly, the court emphasised that the girl had appeared before a magistrate and stated unequivocally that she had married of her own free will and without any coercion.

Maria’s father had registered a kidnapping case in July 2015, alleging that she had been abducted. However, the case was later dismissed after the girl testified that she had not been kidnapped but had married voluntarily.

Subsequently, the father filed multiple petitions claiming that his daughter was underage and was being unlawfully detained, but these were dismissed at all judicial forums, culminating in the Constitutional Court’s ruling upholding the marriage and conversion.

News Published in Express Tribune on March 26th, 2026.

Previous Story

Medics Warn Against Screen Overuse Among Children

Next Story

Pindi Records Surge in Dog Bites

Latest from Blog

Govt Asked to Set Up Higher Secondary School for Girls

LAKKI MARWAT: Elders of Mela Mandrakhel have expressed their deep concern over the lack of higher secondary level education facilities and urged the provincial government to set up a higher secondary school for girls in the area. Talking to journalists here on Saturday, they said that the rural locality lacked…

Police Fail to Arrest DGK School Owner

DERA GHAZI KHAN: Police have failed to arrest the owner of the private school whose roof caved in, resulting in the death of four schoolchildren and injuries to 20 others, including 16 children. Regional Police Officer (RPO) Muhammad Azhar Akram had issued orders to the district police officer to ensure…

Karachi Remains High-risk Polio Zone Despite Efforts, Say Health Experts

KARACHI: Describing misinformation and rumours as the biggest challenge in the fight for polio eradication, experts on Friday said that Karachi remained a high-risk zone due to persistent virus circulation and population movement. They were speaking at a media briefing on the upcoming Polio Booster Dose Campaign organised at the…

School Tragedy: Children’s Parents Want to Register Their Own Case

DERA GHAZI KHAN: The parents of the deceased minor students have demanded that the case be registered based on their own complaint, not on the one filed by a government official of the municipal corporation. They believe that registering the case on the complaint of a municipal official is an…

Man Held for Raping Three Minor Daughters

BAHAWALPUR: Fateh Shah police in Vehari district arrested a man on charge of raping his three minor daughters at Chak 41/KB, Burewala, on May 8. District Police PRO Adnan Tariq told Dawn by cell phone that the suspect was arrested after registration of an FIR on the complaint of his…
Go toTop