In correspondence to the Research Directorate, a Karachi-based lawyer explained that a marriage between a Muslim man and a Sikh woman is not legal in Pakistan (9 Oct. 2004). To explain this position, the lawyer cited the following legal provisions:

(A)259 - Difference of religion, Mulla's Mahomedan Law, 18th Edition, 1990.

(1)A Mahomedan male may contract a valid marriage not only with a Mahomedan woman, but also with a Kitabia, that is, a Jewess or a Christian, but not with an idolatress or a fire-worshipper. A marriage, however, with an idolatress or a fire-worshipper, is not void, but merely irregular.

(2) A Mahomedan woman cannot contract a valid marriage except with a Mahomedan. She cannot contract a valid marriage even with a Kitabi, that is, a Christian or a Jew. A marriage, however, with a non-Muslim, whether he is a Kitabi, that is, a Christian or a Jew, or a non-Kitabi, that is, an idolator or a fire-worshipper, is irregular, not void.

Kitabi. - "Kitabi" means a book, that is, a book of revealed religion. Kitabi means a male who believes in Christianity or Judaism. Kitabia is a female who believes in either of these religions. The question whether a Buddhist woman can be regarded as a Kitabia arose in a case before the Privy Council, but it was not decided.

(B)266. Effects of a void (batil) marriage.

A void marriage is no marriage at all. It does not create any civil rights or obligations between the parties. The offspring of a void marriage are illegitimate.

(C)267.Effect of an irregular (fasid) marriage.

(1)An irregular marriage may be terminated by either party, either before or after consummation, by words showing an intention to separate, as where either party says to the other "I have relinquished you." An irregular marriage has no legal effect before consummation.

...

The following is taken from the Special Marriage Act, No. III of 1872.

An Act to provide a form of Marriage in certain cases

Preamble:WHEREAS it is expedient to provide a form of marriage for persons who do not profess the Christian, Jewish, Hindu, Muhammadan, Parsi, Buddhist, Sikh or Jaina religion, [and for persons who profess the Hindu, Buddhist, Sikh or Jaina religion] and to legalize certain marriages the validity of which is doubtful; It is hereby enacted as follows: -

[1.This Act extends to the whole of Pakistan].

2. Marriages may be celebrated under this Act between persons neither of whom professes the Christian or the Jewish, or the Hindu or the Muhammadan, or the Parsi or the Buddhist, or the Sikh or the Jaina religion, [or between persons each of whom professes one or other of the following religions, that is to say, the Hindu, Buddhist, Sikh or Jaina religion] ... (Lawyer 9 Oct. 2004).

The information provided by the Karachi-based lawyer could not be corroborated among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

Lawyer, Karachi. 9 October 2004. Correspondence.

Another Karachi-based lawyer did not respond to a letter requesting information.

The Human Rights Commission of Pakistan did not respond to a letter requesting information.
Internet sites, including: Amnesty International (AI), BBC, Country Reports on Human Rights Practices for 2003, Dawn, Dialog/WNC, European Country of Origin Information Network (ECOI), Freedom in the World 2004, Human Rights Watch (HRW), Integrated Regional Information Network (IRIN),

International Religious Freedom Report for 2004, PakTribune.