Child abduction: Certain clauses of Hague Convention un-Islamic: CII


August 4, 2016

Source: http://tribune.com.pk

ISLAMABAD: Pakistan is going to sign a key international document against child abduction; however, the country’s top Islamic advisory body has declared that some of its clauses are in conflict with the Constitution of Pakistan and Islam.

Maulana Muhammad Khan Sheerani

The government is going to ratify The Hague Convention on International Child Abduction, which was adopted in 1980. The convention is a multilateral treaty that addresses parental child abduction by facilitating cooperation between central authorities of the signatory countries to expedite the return of the child to the country of their habitual residence.

Committee formed to probe child abductions

The federal law ministry has been working for a year to pave way for Pakistan to sign the convention and consultations have been started with stakeholders, sources in the Council of Islamic Ideology told The Express Tribune on Wednesday.

In March this year, the law ministry sent a draft to the CII for its input, sources said. However, on Tuesday, when the CII took up the matter, it was found that some of the clauses of The Hague convention are against the Constitution of Pakistan and Islam.

The body, which makes non-binding recommendations on compatibility of laws with Islamic Sharia, noted that the government should avoid signing such document, said a source privy to the in-camera meeting.

The CII’s meeting, which continued on the second day for eight hours, noted that Article 20 of the convention is against the Constitution of Pakistan and Islam. Article 20 says the return of the abducted children may be refused if this is not permitted by the fundamental principles – relating to the protection of human rights and fundamental freedoms – of the requested state.

The missing children

“Such kinds of clauses could not be acceptable for Islamic society; therefore, the government should avoid signing the document,” said a CII member while requesting anonymity. He insisted the government was bound to follow and protect its own Constitution.

According to sources, out of total 45 clauses of The Hague convention, 21 have been discussed by the council, while the remaining will be taken up today (Thursday), when CII Chairman Maulana Muhammad Khan Sheerani will brief the media about the council’s decision.

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Pakistani father charged with parental kidnapping


June 2, 2015

Source: Chicago Sun Times

A north suburban man is facing federal kidnapping charges for allegedly taking his children out of the country without their mother’s knowledge.

pakistan

Skokie resident Murtaza Ali, 44, was charged with one count of international parental kidnapping by a federal grand jury, according to a statement from the U.S. Attorney’s office.

Ali took his three minor children on a flight to Istanbul on May 2, federal authorities claim. The children’s mother did not know about the trip or give permission for them to travel abroad.

She realized they were missing when Ali and the children didn’t show up to pick her up from a social gathering, authorities said. Once she made it home, the house was a mess and their luggage and passports were missing.

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 Ali, a Pakistani national, called the children’s mother from Turkey and said he planned to take them to Karachi, Pakistan, with him, authorities claim.

He was arrested at O’Hare International Airport when he returned with the children on May 6, authorities said.

Ali is scheduled to be arraigned Tuesday in U.S. District Court, the statement said. If convicted, he faces a maximum sentence of three years in prison and a $250,000 fine.

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Abducted to Pakistan – Parental Child Abduction


International Parental Child Abduction – We can help

Under Pakistani family law, which is based on Islamic law, the father controls virtually all aspects of his family”s life.

PakistanChild

He decides where his wife and children will live, how the children are to be educated and whether or where they may travel.

Courts rarely, if ever, give custody of children to a woman who is not a Muslim, who will not raise the children as Muslims, does not plan to raise them in Pakistan, or has remarried. In all probability, even if the mother wins custody, the children would still need the father”s permission, to leave the country. Any matter of custody in Pakistan can only be resolved through the appropriate local judicial system.

We can assist you. We can locate and help you bring your abducted child home.

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