Pakistan’s Constitutional Court upholds marriage between Muslim man and 13-year-old Christian girl
The marriage of Maria Bibi of Lahore has been upheld, following an apparent conversion to Islam. Her father's appeal for her release has been rejected. Activists and the local Church are outraged. The Bishop of Faisalabad slams loopholes in the law, calling for urgent reforms to set the marriage age at 18 and boost the protection of minors.
Lahore (AsiaNews) – Pakistan's Federal Constitutional Court (FCC), presided over by Justice Syed Hasan Azhar Rizvi, has recognised the validity of the marriage between Maria Bibi, a 13-year-old Christian girl, and a Muslim man named Shehryar Ahmad.
The same court rejected a habeas corpus petition for the protection of personal freedom filed by the girl's father, who was seeking her release.
In its ruling, the Court dismissed the request of Shahbaz Masih, a Christian resident of Lahore, who sought the release of his daughter, arguing that she was a minor and held illegally after contracting an invalid marriage.
Instead, a two-judge bench ruled that the girl, who had embraced Islam, was of age and therefore under the lawful custody of her husband.
Shahbaz Masih had filed an appeal under Section 491 of the Criminal Procedure Code (CrPC) before an Additional Sessions Judge (ASJ) in Lahore, seeking her release, but the appeal was dismissed on 9 October 2025, as the court considered the girl's statements made both before the magistrate and a justice of the peace.
Another appeal was also dismissed by the Lahore High Court (LHC) on 17 October 2025, prompting her father to file a complaint with the Federal Constitutional Court under Sections 363 and 365-B of the Pakistan Penal Code, alleging that his daughter had been kidnapped.
However, during the probe, Maria Bibi appeared before a magistrate and made a statement, stating that she had married Shehryar Ahmad of her own free will and that she had not been kidnapped.
The FCC also noted that Maria Bibi had embraced Islam and emphasised that no formal rituals other than the declaration of faith were required for conversion.
The Court accepted an affidavit attached to the Nikahnama, a traditional Islamic marriage contract, and a certificate from the Darul-Afta Ahle-Sunnat, a Sunni religious centre, as sufficient proof of her conversion.
“I am expressing my deep concern and I strongly condemn the recent court decision in the case of 13-year-old Christian girl Maria Shahbaz, and demand court authorities review their decision,” said Father Shahzad Arshad, director of the Justice and Peace Commission office of the Archdiocese of Karachi.
In his view, “a just and secure society every citizen should receive protection and justice without discrimination. It is very important that investigations into alleged forced conversions and underage marriages be serious, transparent, and consistent with constitutional protections.”
Bishop Indrias Rahmat of Faisalabad, along with the National Commission for Justice and Peace (NCJP), also expressed great concern.
In a statement, they highlighted gaps in the current legal framework, including the absence of explicit provisions declaring child marriages null and void, the non-mandatory nature of marriage registration, and the lack of clear legal guidelines regarding the custody of underage girls.
Given such concerns, Bishop Indrias Rahmat and the Justice and Peace Commission of the Diocese of Faisalabad jointly call on the Pakistani government and parliament to take immediate legislative steps to declare child marriage legally null and void, set the minimum legal age for marriage at 18, and ensure that the custody of minor girls remains exclusively with their parents or recognised child protection institutions.
They also call for mandatory judicial investigation and marriage registration, with severe penalties for officiants, witnesses, and facilitators involved in any violence.
The Karachi-based Minority Rights March organisation also expressed shock and outrage over the order issued by a two-judge bench of the FCC.
They stressed that Maria is a victim of kidnapping and child marriage and could also be constantly exposed to other heinous crimes by her abductor.
Danny Waqas, a human rights activist, also reacted to the case. “I respectfully wish to express my concern regarding the recent court ruling allowing Muslim men to marry Christian women,” he said.
“If such interfaith marriages are permitted, then fairness and equality should apply to everyone,” he explained. “A sincere question arises: If Muslim men can marry Christian women, why are Christian men not equally permitted to marry Muslim women? True religious freedom should be based on equality, mutual respect, and genuine choice — not one-sided permissions.”
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05/02/2020 18:53
21/04/2022 13:01
