July 31, 2026
By Xari Jalil
LAHORE
A Christian mother has petitioned the Senior Civil Court in Faisalabad to annul the marriage of her 12-year-old daughter, arguing that the union violates newly amended child marriage legislation, statutory protections for minorities, and fundamental constitutional guarantees.
The lawsuit, ‘Mst. Nadia v. Muhammad Muhsan & Molvi Muhammad Anwar’, filed on July 31 by Mst. Nadia, seeks the official cancellation and confiscation of a marriage certificate issued for her minor daughter, Amber, (who has now been renamed ‘Ayesha’, according to reports) who she claims was abducted on June 12, 2026. The petition asks the court to declare the marriage void ab initio (invalid from the outset) and initiate criminal proceedings against the alleged abductor as well as the nikahkhwan (marriage registrar) who solemnized the ceremony. The plaintiff has also said that her daughter’s date of birth was December 25, 2013, making her about 12.5 years of age.
The petition comes after an order sheet was released five days ago, on July 25, where Rana Sohail, Additional Sessions Judge, Faisalabad, granted a post-arrest bail to the main accused, Muhammad Mohsin.
The case brings to the forefront the critical intersection of child protection laws, religious minority rights, and international human rights conventions within Pakistan’s judicial system.
Allegations of abduction and forced marriage
According to information provided by the family, which is also included now in court documents, 12-year-old Amber Nadeem, (born on December 25, 2013), was abducted at approximately 8:00 PM on June 12 while running an errand near her family’s residence in Tariq Colony, Faisalabad.
According to the court documents, on June 12, Amber was allegedly abducted by a man called Mohsin Liaqat, while she was at the market. An FIR under Section 365 B PPC, Christian Marriage Act 1872, was registered on 15 June 2026 at Raza Abad Police Station, Faisalabad.
Now, a writ petition under Article 199 of the Constitution has been filed in the Lahore High Court seeking directions for the recovery and safe production of the abducted minor from illegal confinement. Subsequently the police have added charges under the Punjab Child Marriage Restraint Act 2026. According to the newly implementd Act, the pubishment for those involved in the marriage of a child under 18, is outlined as one million rupees along with a jail term from five to seven years.
Named as primary defendants in the civil suit are Muhammad Mohsin, resident of Naimet Colony, Faisalabad (alleged abductor and ‘groom’); ‘Maulvi’ Muhammad Anwar, a marriage registrar operating from Hub Shah Chowk, Ghulam Muhammad Abbad (alleged Nikahkhwan).
The plaintiff alleges that ‘Maulvi’ Muhammad Anwar , illegally solemnized the alleged marriage of the minor girl in violation of the Punjab child Marriage restraint Act 2026, in connivance with the others. He issued a marriage certificate with malafide intent, deliberately omitting the date of birth of the bride to conceal the illegality.
A certificate submitted to court by Amber, says, she is a sane, adult (Aqil & Baligh), and fully understands her own benefit and harm.
“Nobody has abducted me, nor has anyone enticed/beguiled me into coming, and my National Identity Card (CNIC) has not been issued to date. I state on oath that I, the deponent, out of my own free will and consent, being inspired by Islamic teachings, accepted Islam, and after accepting Islam, have contracted a marriage of choice with Muhammad Mohsin, son of Liaquat Ali, current resident of Naimat Abad Kokianwala, Faisalabad.”
Previous order sheet
In Muhammad Mohsin Vs. The State (FIR No. 838/2026, P.S Raza Abad, Faisalabad, under section 365-B PPC). The order explicitly notes the victim as “(Amber, newly name after accepted Islam, as Ayesha Bibi).”
According to the order sheet, Amber submitted an affidavit and recorded a statement indicating she had ‘no objection to granting post-arrest bail to her alleged abductor, Muhammad Mohsin’. She did not support the prosecution’s initial narrative.
The State Prosecutor (Muhammad Anwar Naz), actively assisted by complainant Nadia in person, vehemently opposed the bail petition and prayed for its dismissal. However the judge observed that because the alleged abductee did not support the prosecution case, the matter now falls under the scope of “further inquiry” under Section 497 Cr.P.C.
The court granted post-arrest bail to Muhammad Mohsin against a surety bond of 50,000 rupees.
Jurisprudential arguments: ‘Rushd vs. Bulugh’
A key element of the petition is its reliance on Islamic jurisprudence to counter arguments surrounding physical puberty (Bulugh).
Citing landmark rulings—specifically the Federal Shariat Court (FSC) judgment (Ali Azhar v. Province of Sindh) and Farooq Omar Bhoia v. Federation of Pakistan (PLD 2022 FSC 1) —it is emphasized that Islamic law requires both physical maturity (Bulugh) and mental rectitude (Rushd) before a marriage can be validly contracted. Quoting foundational Quranic commentary and classical jurists (including Imam Abu Hanifa and Imam Ibn-e-Shabarma), the filing argues that mental maturity (Rushd) is mandatory.
Quranic verses (such as Surah An-Nisa, Verse 6) distinguish physical puberty from emotional and intellectual capacity needed to manage personal affairs and martial responsibilities.
State authority to set limits
Under the legal doctrine of Sadd al-Dara’i (blocking the means to harm) and Maslahah Mursalah (public interest), the state possesses full legal authority to establish statutory minimum age limits to ensure youth can obtain basic education (Hifz-ul-Aql) and safeguard health (Hifz-un-Nafs).
“Setting a minimum age threshold for marriage provides reasonable time for girls to complete basic education… The act of the legislature to fix a minimum age is fully in accordance with the injunctions of Islam,” the petition notes, referencing FSC precedents.
International treaties and minority safeguards
Beyond domestic civil and Islamic law, the suit positions the forced marriage and alleged coerced conversion of minor non-Muslim girls as a violation of Pakistan’s international legal obligations. The petition asserts that targeted abductions of young minority girls violate the following:
The UN Convention on the Rights of the Child (CRC): Articles 3 (best interests of the child), 14 (freedom of thought and religion), 19, 34, and 35 (protection from abuse, exploitation, and trafficking).
International Covenant on Civil and Political Rights (ICCPR): Articles 18 (protection against forced religious conversion) and 26/27 (equal protection and rights of religious minorities).
CEDAW: Articles 2 and 16, mandating the elimination of discrimination and coercion in all matrimonial matters. The suit argues that domestic statutes must be interpreted in harmony with international instruments to provide full protection to minor victims belonging to religious minority communities.
Nadia has petitioned the Senior Civil Judge, Faisalabad, for four primary remedies – a decree declaring the alleged marriage between Amber and Muhammad Mohsin null, void, and without legal effect (void ab initio); direct cancellation and court confiscation of the marriage certificate issued by ‘Molvi’ Muhammad Anwar; formal criminal prosecution of both defendants under the relevant provisions of the Punjab Child Marriage Restraint legislation and any other injunctive or protective relief the court deems necessary to ensure the child’s return and safety.
The court is expected to issue notices to the defendants and fixing dates for preliminary hearings in the coming days.