The Lahore High Court, Multan Bench heard the case of Ms Saba and Ms Anila on 6 September 2008 and granted custody of Ms Anila (the younger sister) to her parents, and Ms Saba (the elder sister) to one of the alleged kidnappers, Mr. Aljad Ali, whom she was reported to have contracted marriage with.  The court also guaranteed a surety bond of one lakh rupees (PKR 100,000 or USD 1,300) to Ms Saba as protection in case she faces ill-treatment in his custody.

The surety bond is in addition to the Mahr (mandatory in Islam, given by the groom to the bride and a customary part of Islamic marriage contract. It can in the form of money or valuable gift of real property, fixed at the time of marriage.

The Mahr is intended to check husbands from ill-treating or causelessly divorcing wives, as in the case of divorce, the woman can demand full payment.

Earlier, the aggrieved family of Ms Saba and Ms Anila have approached human rights organizations about the kidnapping and forced conversion of their daughters who are of minor age, hoping to gain custody.  Hotline Asia issued SUA080816(3) to support the local efforts and the parents' request, highlighting how an issue of kidnapping and underage marriage could be compromised if it involved conversion to Islam.  The SUA urged the authorities to investigate the case, and to prevent kidnapping and forced conversion in the country.


Source:
The Mirror Update
Local source

The Lahore High Court Multan Bench heard the case of the kidnapping and forced conversion of two girls Ms Saba and Ms Aneela on 20 August 2008.  In the hearing, the 2 medical examination reports (dental and orthopedic) of Ms Saba, the elder sister, were presented before the court, which illustrated that Ms. Saba is between 15 and 17 years old.  However, according to the date of birth stated in her Baptismal and school certificates, she is 13 years old at the time of conversion and marriage.  The court can give weight to any of the above evidence in the final verdict.

Justice Ejaz Saeed has adjourned the hearing until 9 September 2008 and issued strict orders for Darul Aman administration to keep the girls in the tight security.

According to a strict interpretation of Islamic law, a non-Muslim cannot have custody of a Muslim child.  Thus, although the court also cannot grant custody of the younger sister to the kidnappers due to her minor age, it is also unlikely that she will be returned to her Christian parents, based on her claim on 6 August that she has converted to Islam.

To support the local campaign by local human rights organization to help the aggrieved family of Ms Saba and Ms Aneela, Hotline Asia issued SUA080816(3) on 16 August 2008 urging the authorities to investigate the case of kidnapping and forced conversion, take action against the kidnappers and hand over the girls to their parents.


Source:
Compass Direct News
National Commission for Justice and Peace, Pakistan
Local sources