WUNRN
Asian Human Rights Commission
Statement
PAKISTAN - TRIBAL JUSTICE SYSTEM
"BLOOD DEBT" MARRIAGE OF 12-YEAR-OLD GIRL TO 85-YEAR-OLD MAN
October
3, 2011 - Though the marriage of a child is unlawful under the laws of Pakistan
the police took the shelter behind Shariah Law to facilitate the union between
an 85-year-old man and a minor of 12 years. The marriage was part of the
settlement of a blood debt organised through a local tribal justice system, a
Panchayat. According to the senior police officer involved in the case there
was nothing illegal in the marriage as, according to Islamic Shariah, the girl
is an adult. She is 12-years-old and that is not too young for marriage.
Accordingly the police refused to arrest the culprits who arranged the marriage
of a minor without her consent
According to the report published in the Daily Express Tribune, a man named Mr.
Faiz, handed over his daughter Rani to his rival in exchange for five acres of
agricultural land and the withdrawal of a murder case against him. In a
confused setting it was reported that Faiz killed the wife of the aged groom
some eight years ago. The deceased, Anwar Bibi, was also a cousin of Faiz, the
father of the child bride. The murderer remained under trial for eight years
during which time the elders of the area, by means of a Panchayat, (an illegal
parallel judicial system), decided that the charge of murder against him could
only be withdrawn if he handed over his 12-year- old daughter in marriage to
the groom, Ahmed.
The deal was finalized after a marriage was solemnised three months ago and
before release of Faiz from the charge, but the formal marriage ceremony was
held only one week ago. The groom was happy during the ceremony before more
than 100 persons as this was his fourth marriage. His first wife had died young
and the second got a divorce. The third, Anwar Bibi, was murdered by Faiz. The
deal also stipulated that five acres of land be given to Faiz for handing over
his daughter and the property has now been transferred.
According to Mr. Shamsul Islam Naz, the reporter of the Express, when he
contacted, Zafar Bhatti, the Langrana Station House Officer (SHO), Chiniot
Punjab province, the SHO said that he had conducted a raid at the house of the
groom but found that no laws had been broken. ''I cannot arrest anyone here because
the girl is an adult as per Islamic Law and Shariah. She is 12-years-old and
that is not too young for marriage''.
The Convention on the Rights of the Child (CRC) states that the age of
adulthood is 18. Under the laws of Pakistan in the Child Marriage Restraints
Act of 1929 ''child'' means a person who, if a male, is under eighteen years of
age, and if a female, is under sixteen years of age.
It must be questioned as to how a police officer of any rank may take such a
decision without considering the law that he is sworn to uphold. Indeed, there
are several questions in this matter which must be raised and answered by the
authorities. First of all is the fact that the tribal Panchayat is illegal
under the law. This body of men made the decision to hand over a 12-year-old
girl to an 85-year-old man. This is distressingly common in Pakistan as young
girls, often minors, are used as trading commodities to settle differences
between families and tribes.This happens despite the fact that Pakistan has
elected forums, laws, a constitution and a well-defined legal system......
About AHRC: The Asian Human Rights Commission is a
regional non-governmental organisation monitoring and lobbying human rights
issues in Asia. The Hong Kong-based group was founded in 1984.