Friday, December 08, 2006

Saga of Misbah Rana Continues...

I will be following this story...

Seems that the Supreme Court has vacated the lower court ruling that wanted to send Misbah back to Scotland to the mother she doesn't want to be with... hopefully common sense and Islamic spirit will prevail in this case and the Supreme Court will let the girl be with who she wishes to be with:

Pakistan's SC suspends Molly Campbell's return to Britain

Islamabad, Dec. 8 (ANI): Pakistan's Supreme Court on Friday suspended a lower court decision ordering the return of Molly Campbell, the 12-year-old Scottish girl who ran away from her mother's home in Scotland in August to her father's home in Lahore.

Supreme Court Chief Justice, Iftikhar Muhammad Chaudhry, issued the order on an appeal filed by Sajad Rana, father of Molly Campbell, The News reported.

The court suspended the lower court order pending the outcome of the appeal.

Sajad Rana filed an appeal in the Supreme Court on Thursday after a high court ordered that Molly Campbell, be sent back to her mother in Scotland.

Last week, the Lahore High Court had ordered Molly, who is known in Pakistan as Misbah Rana, to be handed to the custody of the British High Commission in Islamabad. (ANI)

9 comments:

Anonymous said...

What is to be argued here? Was the girl kidnapped, or did she wilfully run away to her dad? I cant believe that an issue like this is even being argued in court. Seems like a no-brainer to me. But then agian, it is Pakistan...

Amad said...

You have to read the whole story... read the first part below. The girl left on her own free will from Scotland. She doesn't like her mother or the lifestyle there. She wants to be with her dad and to be a practising Muslim.

Anonymous said...

I did read the whole story, it was kind of like asking a rhetorical question. i was trying to prove my point, seems like it didnt work.

Rhymes With Right said...

Either way, you still have a case of custodial interference, with a father flouting a court order that gives custody to the mother and removing the child beyond the jurisdiction of the court.

Take the religion aspect out of this case -- what the father has done is totally indefensible.

If the father wishes my respect, he should return to the UK and fight through the courts there.

Oh, and by the way -- can we really be sure what this girl wants as long as she is under the physical control of her father in Pakistan, where legal and cultural norms give him far greater ability to control (and harm) her than do the laws of the UK?

Amad said...

Rhymes,
The girl left on her own with her sister. She made the decision, she wasn't abducted.
It is convenient to "leave the religion aside" but that is the crux of the matter. She doesn't want to be forced to live with her mother (and boyfriend) who won't let her practice. She was miserable there.
I find your last paragraph both amusing and insulting. How do you know what the 'cultural norms' are in Pakistan. I am from Pakistan, and women in educated families are much better off than in most Western countries. So, please stop patronizing. You also mention that she may be subject to 'control' and harm. You think if the girl was being 'controlled', she wouldn't take the million opportunities to make that known (whether to the media, or the British Council, or whatever). And there were plenty of 'private' opportunities with mediators to make her case known. The girl has reached the age of puberty and according to Islamic laws, a child who reaches that age makes the decision to stay with whichever parent, unless there is an over-riding problem with a particular parent. Also, I believe she will be much more safer with her dad than to be with her mom and her boy-friend. You have chosen to paint the entire Pakistani culture with your condascending broad-stroke, I won't do the same. Instead, let me give you some real statistics. According to the 1996 UK Home Office report, 44% of all incidents reported by women to the British Crime Survey were domestic violent incidents. You can see more information about the 'safe' environment of UK and USA here: http://speakorg.homestead.com/facts_06.html
Here is another report: http://www.homeoffice.gov.uk/rds/pdfs04/hors276.pdf
And another: http://www.gmu.edu/facstaff/sexual/brochures/WorldStats2005.pdf

I am sure Pakistan has problems, and just like the stereotyping of Muslims, Pakistan has been stereotyped by a few uneducated people. Just like all Americans don't drown their children like Yates did in Texas, or microwave them like China Arnold in Ohio; all Pakistanis don't engage in group rape for 'honor crimes', or burn their daughters with acid. So, next time, before you claim to know someone's culture, get the facts straight first!

Amad said...

The link got truncated.. it was:
http://www.gmu.edu/facstaff/
sexual/brochures/WorldStats2005.pdf

Rhymes With Right said...

So Amad, what you are saying is that Islamic cultural and legal norms, not the laws of the UK where the girl was born, raised, resided, and where custody was awarded should be applied.

What you are saying is that custody decisions in which one party is Muslim are not binding on the Muslim party.

In other words, you are arguing that Islamic cultural and legal norms place Muslims above and/or outside of the legal norms of the non-Muslim societies in which they live.

Wow. What an appalling concept.

Amad said...

Rhymes, This has nothing to do with Islamic concepts... rather this has more to do with where the girl wants to do. When she was in Britian, the British laws apply... when she, by her OWN choice went to Pakistan, well that's where the Pakistani laws apply. By your account, the latter are inferior, by mine that is your prejudice speaking.
And I can bet you a million bucks, that if this was reversed, like if she was awarded custody to her dad by Pakistani courts, but she wanted to go back to Scotland, and if she did indeed manage to leave (even with her mom's help) you would be arguing that "what a lucky girl, she escaped from the Pakistani lawlessness". Wouldn't you, honestly?

Anonymous said...

I wish Sheikh Yasir would stand up and become ameer I say wallah to supporting islam with my life and my torch is lit I need someone to notice it