ISLAMABAD: The Federal Shariat Court (FSC) will commence hearing on a case which it initiated on a suo motu notice regarding forced child marriage from Nov 1 at the principal seat in the capital.

The suo motu notice was taken up by FSC Chief Justice Dr Syed Mohammad Anwer on reports based on a first information report (FIR) lodged in Khuzdar police station (Balochistan) by one Mohammad regarding forced marriage of his five-year-old daughter.

A case was registered under Section 1-6 of the Child Marriage Restraint Act, (1929) which suggested punishment of up to six months to individuals who contracted marriage of a child and under Section 34 that dealt with acts done by several persons for common intention.

Section 342 explains that whoever wrongfully confines any person will be punished with imprisonment which may extend to one year or with fine which may extend to Rs3,000 as well as Section 420, stating that whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person or destroy valuable security will be punished with imprisonment, which may extend tosevenyears.

On media reports and registration of the FIR, Chief Justice Dr Anwer took notice of this on the ground that child marriage was `unIslamic and against the Constitution`.

According to FSC`s announcement, `this cruel, un-Islamic and heartless ritual is found in many parts of Pakistan where girls are given in marriage or servitude to an aggrieved family as compensation to end disputes, often murder`. This practice is called swara.

Under swara, the personal liberty of a woman is restricted for the rest of her life against all norms of justice and thus contravenes Article 9 that envisages that no person will be deprived of life or liberty, FSC said.

This practice also offends Article 4 of the Constitution that guarantees every citizen has inalienable right to enjoy the protection of the law and the said practice is also against Islam by all means.

Quoting the last sermon of Prophet Muhammad (PBUH), the court noted: `Henceforth, the offender himself will be responsible for the offence; no son will be charged for the father`s crime and no father will be punished for the crimes committed by the son.

In one of its judgments, authored by Justice Anwer, the FSC had declared such customs against the injunctions of Islam. The order stated: `On the basis of Quranic verses and Ahadith, all or any such evil practice of such type, which is being conducted by any segment of our society anywhere in Pakistan and is called by different names in different parts of the country lil(e Swara or Vani etc, or is given any other name under any garb or pretext of custom or tradition is un-Islamic and against the injunctions of Quran and Sunna.