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Pakistani Court Orders Christian Girl 14, to Return to Her Abductor

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Pakistani Court Orders Christian Girl 14, to Return to Her Abductor

High Court Judge Uses Religion to Justify Abduction and Child Marriage

International Christian Concern (ICC) has learned that the Lahore High Court has ordered Maria Shahbaz, a 14-year-old Christian girl who was abducted and forcibly married to a Muslim man, to be returned to the custody of her abductor. This order made on August 4, overturned an earlier order by the Faisalabad District and Sessions Court placing Shahbaz in a women’s shelter.

Shahbaz was abducted on April 28, 2020, at gunpoint by Mohamad Nakash and two accomplices while walking home in Madina Town, near Faisalabad. The abductors reportedly forced Shahbaz into a car and fired gunshots into the air as they fled the scene.

To justify his custody of Shahbaz, Nakash claimed that he and Shahbaz are married and that she has converted to Islam. To support his claim, Nakash produced a marriage certificate stating that Shahbaz is 19 years old. However, the validity of this certificate has been brought into question as the Muslim cleric whose name is listed on the certificate has denied involvement in the marriage.

In an attempt to regain custody of their daughter, Shahbaz’s parents challenged the marriage’s validity with evidence of their daughter’s birth certificate to the Faisalabad District and Sessions Court, supported by other school documents, proves Shahbaz is a minor.

Judge Rana Masood of the Faisalabad District and Sessions Court had earlier ordered Shahbaz to leave Nakash’s custody and placed in a women’s shelter, known as Dar ul Aman, until the Lahore High Court heard her case. Following this order, police formally registered a complaint against Nakash and his two accomplices for Shahbaz’s abduction.

The ruling of the Faisalabad District and Sessions Court was overturned by Judge Raja Muhammad Shahid Abbasi of the Lahore High Court. He reportedly ruled in favor of Nakash because the court found that Shahbaz had converted to Islam. Witnesses in the court claim that Shahbaz was in tears on hearing the ruling.

Khalil Tahir Sandu, the lawyer to Shahbaz’s parents, after the judgement said, “It is unbelievable, what we have seen today is an Islamic judgement. The arguments we put forward were very strong.”

“The Child Marriage Restraint Act has been toothless. The legal age of marriage for girls is set at 16. However, this is not effectively enforced by the courts in Pakistan. Judges continue to declare marriages of minors valid on the pretext of puberty under an Islamic interpretation of law.”

According to a report, an estimated 1,000 women and girls from Pakistan’s Hindu and Christian community are abducted, forcibly married to their captor, and forcibly converted to Islam every year. Playing upon religious biases, perpetrators know they can cover up and justify their crimes by introducing an element of religion.

For too long, perpetrators have used the issue of religion to justify their crimes against Pakistan’s religious minorities.”

Pakistani Court Orders 14-Year-Old Christian Girl to Be Returned to Her Abductor

High Court Judge Uses Religion to Justify Abduction and Child Marriage

International Christian Concern (ICC) has learned that the Lahore High Court has ordered Maria Shahbaz, a 14-year-old Christian girl who was abducted and forcibly married to a Muslim man, to be returned to the custody of her abductor. This decision, made on August 4, overturned an earlier order by the Faisalabad District and Sessions Court placing Shahbaz in a women’s shelter.

On April 28, 2020, Shahbaz was abducted at gunpoint by Mohamad Nakash and two accomplices while walking home in Madina Town, near Faisalabad. According to witnesses, the abductors forced Shahbaz into a car and fired gunshots into the air as they fled the scene.

After the abduction, Shahbaz remained in Nakash’s custody. To justify his custody of Shahbaz, Nakash claims that he and Shahbaz are married and that she has converted to Islam. To support this claim, Nakash produced a marriage certificate stating that Shahbaz is 19 years old. However, the validity of this certificate has been brought into question as the Muslim cleric whose name is listed on the certificate has denied any involvement in the marriage.

Shahbaz’s parents have challenged the marriage’s validity in an attempt to regain custody of their daughter. As evidence, Shahbaz’s parents presented their daughter’s birth certificate to the Faisalabad District and Sessions Court. This document, supported by other school documents, proves that Shahbaz is a minor.

On July 30, Judge Rana Masood of the Faisalabad District and Sessions Court ordered that Shahbaz be allowed to leave Nakash’s custody and placed in a women’s shelter, known as Dar ul Aman, until the Lahore High Court heard her case. Following this order, police also registered a formal complaint against Nakash and his two accomplices for Shahbaz’s abduction in April.

On August 4, the ruling of the Faisalabad District and Sessions Court was overturned by Judge Raja Muhammad Shahid Abbasi of the Lahore High Court. Judge Abbasi reportedly ruled in favor of Nakash because the court found that Shahbaz had converted to Islam. Witnesses in the court claim that Shahbaz was in tears when the ruling was announced.

“It is unbelievable,” advocate Khalil Tahir Sandu, the lawyer representing Shahbaz’s parents, told Aid to the Church in Need. “What we have seen today is an Islamic judgement. The arguments we put forward were very strong.”

“The Child Marriage Restraint Act has been toothless,” Suneel Malik, a Pakistani human rights activist, told ICC. “The legal age of marriage for girls is set at 16. However, this is not effectively enforced by the courts in Pakistan. Judges continue to declare marriages of minors valid on the pretext of puberty under an Islamic interpretation of law.”

“The order is unprecedented and will likely mean Maria will never return to her family,” Shazia George, another Pakistan human rights activist, told ICC. “The decision to make a child bride stay with her abductor will add more misery to the case. Courts must ensure that the victims of forced conversion and child marriage are able to have their statements recorded without any duress or threat so perpetrators are brought to justice.”

According to a 2014 study by The Movement for Solidarity and Peace Pakistan, an estimated 1,000 women and girls from Pakistan’s Hindu and Christian community are abducted, forcibly married to their captor, and forcibly converted to Islam every year. The issue of religion is also often injected into cases of sexual assault to place religious minority victims at a disadvantage. Playing upon religious biases, perpetrators know they can cover up and justify their crimes by introducing an element of religion.

William Stark, ICC’s Regional Manager, said, “We here at International Christian Concern are deeply saddened by the court’s decision to return Maria to the custody of her abductor. This has placed Maria’s safety at risk and will likely mean any testimony she is able to give in court will be tainted by the threats she will be forced to endure in the custody of her abductor. Pakistan must do more to combat the issue of abductions, forced marriages, and forced conversions. For too long, perpetrators have used the issue of religion to justify their crimes against Pakistan’s religious minorities.”

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