LAHORE: The Lahore High Court (LHC) has ruled that Muslim jurists relate to mental capacity of a kid as of essential value for conversion to Islam.
” There is no specific interpretation of religion. It refers belief …,” observed Justice Tariq Nadeem while rejecting a petition submitted by a participant of the Christian community looking for recovery of his daughter that married a Muslim male after accepting Islam.
Gulzar Masih, a rickshaw chauffeur from Faisalabad, had actually declared that his minor little girl Chashman Kanwal was abducted by Mohammad Usman and also his associates.
He stated the authorities discovered the girl however declined to hand over her safekeeping to him claiming she had actually converted to Islam and wedded Usman. Gulzar said he approached a regional court in Faisalabad yet it disregarded his application for the healing of his child.
Judgment claims neither Quran nor hadith specifically states minimal age for the conversion
In his thorough verdict on the petition on which a short order was released last week, Justice Nadeem observes that the Supreme Court has held that Write-up 20 of the Constitution grants rights to people to circulate their confidence yet that right does not permit any person to convert a person to an additional faith by threat or incentive.
Justice Nadeem keeps that forced conversion or enforcing ideas on others rather comprises violation of the right to civil liberty.
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The judge states that neither Holy Quran neither any certain hadith of Prophet Muhammad (PBUH) specifically stipulates minimal age for conversion to Islam.
Justice Nadeem keeps in mind that Hazrat Ali (RA) was only ten when he approved Islam.
Nevertheless, he claims, Muslim jurists regard mental capacity of a child since essential value when taking into consideration the inquiry of his/her conversion.
The court comments that the age of discernment is usually reckoned as the age when one attains the age of puberty.
Justice Nadeem holds that the high court can not take on a valid inquiry while exercising its jurisdiction under Write-up 199 of the Constitution as the inquiry whether a conversion is polluted or otherwise can not be figured out without videotaping evidence.
The court notes that the petitioner discussed the age of his child as 17 years in the FIR as well as it revealed from the document that she had gotten marriage with the respondent and additionally taped her statement prior to a judicial magistrate under Area 164 of the Offender Treatment Code.
The court mentions that the woman in her statement had actually stated that she was sui juris and also had actually embraced Islam on her own free will and without any threat and no person had abducted her.
“In the scenario of above discussion, the instant writ petition has no benefit as well as is hereby rejected in limine,” the verdict concluded.