28/03/2026
Human rights activist Joseph Janssen expressed grave concern over the Federal Constitutional Court of Islamabad upholding a marriage involving a 12-year-old Christian girl in Pakistan
Key Facts and Deep Concerns
Maria Shahbaz Masih, 12 years old, disappeared from her parents’ home on 29 July 2025.
Her parents repeatedly approached the police, reporting abduction and coercion, but received no assistance.
By 31 July 2025, a magistrate’s court recorded her statement claiming she was 18, had converted to Islam, and married Sheheryar Ahmad.
Official documents, including Maria’s B-Form (Child Registration Certificate – CRC) issued by NADRA, confirm her date of birth as 07 October 2012 which is 12 years. The (nikahnama) Islamic marriage certificate falsely records her birth as 01 February 2007.
The marriage certificate bears only the groom’s signature and thumbprint; Maria’s signature is absent.
The Federal Constitutional Court awarded custody to her purported husband in March 2026, dismissing her father’s habeas corpus petition.
The marriage violates the Punjab Child Marriage Restraint Act and current laws criminalizing child abduction, statutory r**e, forced marriage, and sexual abuse.
On 29 July 2025, Maria Shahbaz Masih, then 12 years old, disappeared from her parents’ home. Her parents repeatedly approached the police, reporting abduction and coercion, but received no assistance. They were later informed that Maria had allegedly stated in court that she had converted to Islam and married a much older Muslim man, Sheheryar Ahmad, leaving her parents with no recourse.
By March 2026, the Federal Constitutional Court awarded custody of Maria to her purported husband, effectively validating the marriage. Her father’s habeas corpus petition was dismissed.
The case arises from F.I.R. No. 5144/2025, lodged by Shahbaz Masih regarding the alleged abduction of his daughter. Official records confirm Maria’s date of birth as 07 October 2012, making her 12 years old at the time of the alleged marriage. By 31 July 2025, a magistrate’s court recorded her statement claiming she was 18 years old, had converted to Islam, and married Sheheryar Ahmad. Based solely on this statement, custody was given to her alleged abductor.
Several discrepancies cast serious doubt on the marriage’s validity. Government-issued documents confirm her birth year as 2012, while the nikahnama records 2007, falsely portraying her as 18 years old. The marriage certificate bears only the groom’s signature and thumbprint; Maria’s signature is absent. Her father rejected the document, stating that his minor daughter could not have knowingly consented. The marriage directly violates the Punjab Child Marriage Restraint Act.
The Court relied heavily on statements allegedly made by Maria before a Magistrate and a Justice of the Peace as proof of consent, while dismissing documentary evidence and other contradictions. This approach ignores the legal reality that minors cannot give informed, free, or valid consent. The Court also accepted the alleged religious conversion without investigating whether it was voluntary, disregarding the heightened vulnerability of minority girls. Outdated precedents were applied, while current laws criminalizing child abduction, statutory r**e, forced marriage, and sexual abuse were ignored.
Joseph Janssen highlighted that minor Christian girls are frequently abducted and coerced into making statements in favor of their captors, who often threaten to harm family members if the girls refuse. Court decisions like this, combined with police inaction, leave minor girls extremely vulnerable to abduction, abuse, and exploitation. He further emphasized the alarming trend of courts endorsing marriages involving underage girls, flagrantly disregarding national laws that set the minimum marriage age at 16 or 18 years.
Human rights defenders stressed that Maria is a victim of abduction and child marriage and remains potentially exposed to further serious offences. The Court failed to restore custody to her father or place her in a shelter, effectively legalizing her cohabitation with an alleged abductor under the guise of a nikah—a clear violation of child protection laws. The reasoning that child marriage is punishable but still valid is self-contradictory, undermining legislative intent.
The verdict also sets a dangerous precedent, emboldening perpetrators to abduct and exploit minor girls from minority communities while undermining the State’s constitutional duty under Article 36 to protect minorities and prevent forced conversions.
Activists have called on the Attorney General of Pakistan to seek an immediate review of the judgment and urged provincial legislatures to amend child marriage laws to explicitly declare such unions void. They also demanded the prompt recovery of Maria and prosecution of the perpetrators under all applicable laws, while requesting responsible media reporting that does not mischaracterize a minor as an adult.
This is not justice—it is a systemic failure.
The judiciary, lawmakers, and civil society must act urgently. Child marriages must be unequivocally declared void. Courts must implement strict safeguards in cases involving minors, particularly from vulnerable minority communities, ensuring consent is never presumed where vulnerability exists. Until such reforms are enacted, decisions like this will continue to endanger lives and erode public trust in the justice system.
