Mental capacity is of crucial value for conversion: LHC

Published September 25, 2021
A file photo of the Lahore High Court. — AFP/File
A file photo of the Lahore High Court. — AFP/File

LAHORE: The Lahore High Court (LHC) has ruled that Muslim jurists regard mental capacity of a child as of crucial importance for conversion to Islam.

“There is no exact definition of religion. It is a matter of faith…,” observed Justice Tariq Nadeem while dismissing a petition filed by a member of the Christian community seeking recovery of his daughter who married a Muslim man after embracing Islam.

Gulzar Masih, a rickshaw driver from Faisalabad, had alleged that his minor daughter Chashman Kanwal was abducted by Mohammad Usman and his accomplices.

He said the police found the girl but refused to hand over her custody to him saying she had converted to Islam and married Usman. Gulzar said he approached a local court in Faisalabad but it dismissed his application for the recovery of his daughter.

Verdict says neither Quran nor hadith expressly stipulates minimum age for the conversion

In his detailed verdict on the petition on which a short order was issued last week, Justice Nadeem observes that the Supreme Court has held that Article 20 of the Constitution grants rights to citizens to propagate their faith but that right does not allow anyone to convert a person to another religion by coercion or inducement.

Justice Nadeem maintains that forced conversion or imposing beliefs on others rather constitutes infringement of the right to freedom of religion.

The judge says that neither Holy Quran nor any specific hadith of Prophet Muhammad (PBUH) expressly stipulates minimum age for conversion to Islam.

Justice Nadeem notes that Hazrat Ali (RA) was only ten when he accepted Islam.

However, he says, Muslim jurists regard mental capacity of a child as of crucial importance when considering the question of his/her conversion.

The judge remarks that the age of discernment is generally reckoned as the age when one attains puberty.

Justice Nadeem holds that the high court cannot undertake a factual inquiry while exercising its jurisdiction under Article 199 of the Constitution as the question whether a conversion is tainted or otherwise cannot be determined without recording evidence.

The judge notes that the petitioner mentioned the age of his daughter as 17 years in the FIR and it divulged from the record that she had contracted marriage with the respondent and also recorded her statement before a judicial magistrate under Section 164 of the Criminal Procedure Code.

The judge states that the girl in her statement had said that she was sui juris and had embraced Islam on her own free will and without any coercion and no one had abducted her.

“In the eventuality of above discussion, the instant writ petition has no merit and is hereby dismissed in limine,” the verdict concluded.

Published in Dawn, September 25th, 2021

Must Read

Ukraine, Nato and the future of Europe

Ukraine, Nato and the future of Europe

The spectacle of the verbal spat between US President Donald Trump and Ukrainian President Vlodomyr Zelensky in the Oval Office was stark evidence of a tectonic shift in longstanding US foreign policy on Ukraine, Russia, Europe and Nato.

Opinion

Editorial

After the review
Updated 16 Mar, 2025

After the review

Should prepare economy for durable growth by attracting foreign private investments to boost productivity and exports.
Embracing crypto
16 Mar, 2025

Embracing crypto

IT seems a little prod was all it took for Pakistan to finally ‘embrace the future’. The Pakistan Crypto Council...
Fault lines
16 Mar, 2025

Fault lines

IT was a distressing spectacle, though a sadly predictable one. As the National Assembly took up for discussion the...
Revised solar policy
Updated 15 Mar, 2025

Revised solar policy

Criticism policy revisions misplaced as these will increase payback periods for consumers with oversized solar systems.
Toxic prejudice
15 Mar, 2025

Toxic prejudice

WITH far-right movements on the march across the world, it is no surprise that anti-Muslim bias is witnessing high...
Children in jails
15 Mar, 2025

Children in jails

PAKISTAN’S children in prison have often been treated like adult criminals. The Sindh government’s programme to...