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.”
International Christian Concern is a non-partisan, 501(c)(3) charitable organization focused on human rights, religious freedom and assisting the persecuted Christian Church around the world.
Media Contact
Olivia Miller, Communications Coordinator
E-mail: press@persecution.org
Phone: (301)-859-3842
International Christian Concern
2020 Pennsylvania Ave. NW #941, Washington, D.C. 20006
www.persecution.org | E-mail: icc@persecution.org
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