By Dr. Emanuel Adil Ghouri
On March 26, 2026, Justice Syed Hassan Azhar Rizvi, 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, stated 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 also stated that a Muslim boy and a Christian girl can marry without conversion, because the Christian girl is considered one of the People of the Book.
The question arises: Are only Christian women considered People of the Book, and not Christian men? According to Islamic law, it is not permissible for a Muslim girl to marry a Christian man. If such a marriage is concluded, it is considered null and void (invalid) under Islamic law. Muslims are unanimous that a Muslim woman may only marry a Muslim man. However, in practice, if a Muslim girl marries a non‑Muslim for love, she is often killed in the name of honor.
The additional remarks made by the honorable judge during the hearing have no relevance to the proceedings of the case. His statement, seemingly intended to divert attention from the core issue, has become a topic of heated debate on national and social media, overshadowing the petitioner’s position. 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 local police station. During the investigation, events unfolded as they do in hundreds of similar cases: the girl is threatened and harassed, told that if she does not give her consent to the kidnapper, she will be killed. She is also warned that her parents and siblings will be killed. Such threats usually frighten the girls into giving statements in favor of the kidnapper.
In this case as well, Maria Bibi stated that she had married of her own free will. On this basis, the police dismissed the kidnapping case registered against the offender and handed the girl over to Muhammad Shahryar Ahmed. In response, Maria Bibi’s father filed a petition before the Additional Sessions Judge, Lahore, for the recovery of his daughter under Section 491. The court, taking into account the girl’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 FCC subsequently declared the marriage between the Christian girl and the Muslim boy valid in this important decision.
The case was not only about the marriage of a Christian girl to a Muslim boy; it 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 of 1929 and the Anti‑Child Marriage Act of 2025. According to the Penal Code of Pakistan, the punishment for this crime is three years’ imprisonment with hard labor and a fine for the boy, while marriage brokers and other facilitators face six months’ imprisonment and a fine of Rs. 50,000.
The girl’s father, the plaintiff, presented a birth certificate issued by the Canal View Union Council, Lahore, as well as a Child Registration Certificate (CRC) from NADRA to prove his claim and the minor age of the girl. The honorable court, however, declared the official documents insufficient and suspicious, and instead 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 matter 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 deeply disappointed Pakistani Christians, causing widespread 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 that this decision 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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