In a significant legal development, the Federal Constitutional Court has ruled that Muslim men are legally permitted to marry women from the “People of the Book,” including Christians and Jews. The ruling provides clarity on interfaith marriage laws within Pakistan’s constitutional framework.
The decision came in a case involving Maria Bibi, a young woman from Lahore, who converted to Islam and married a Muslim man, Shahryar. The court upheld the validity of her conversion, noting that it was supported by formal documentation submitted prior to the marriage.
The court also addressed the issue of underage marriages, stating that while such marriages are punishable under the Child Marriage Act, 1929, they cannot be declared void. This distinction highlights the legal consequences of underage unions while maintaining their validity under existing law.
Furthermore, the FCC emphasized that matters such as age disputes or religious documentation cannot be examined in habeas corpus petitions, which are limited to determining unlawful detention. The court noted inconsistencies in claims made by the petitioner regarding the girl’s age, raising doubts about the reliability of the evidence presented.
A key aspect of the ruling was the FCC’s assertion of its authority as the final interpreter of the Constitution. The court stated that its decisions are binding on all other courts, including the Supreme Court, particularly in cases where constitutional interpretation is involved.
This landmark judgment reinforces Pakistan’s legal stance on interfaith marriages and highlights the balance between religious freedom, legal accountability, and constitutional authority in the country’s judicial system.
