ISLAMABAD - The judicial inquiry on Thursday found that the Christian woman, Saima Iqbal Masih, was forcibly converted to Islam.
Saima Iqbal Masih, a resident of Iqbal Town, Islamabad was allegedly kidnapped, raped, forcibly converted and married to one of his abductors Khalid Mehmood Satti.
The Islamabad Capital Territory had held a judicial inquiry under Assistant Commissioner Waseem Ahmed Khan to probe the negligence in handling of the case by relevant police officials and allegations including the forced conversion of Saima Masih to Islam by her abductors.
The inquiry court recorded the statements of all accused, complainants and Nikkah registrar to probe the matter of the forced conversion and found that Saima Iqbal was converted to Islam without her consent and Nikkah registrar didn’t follow the required legal procedure declared compulsory by the government.
The inquiry report said that Nikkah registrar Muhammad Ali in his statement said that he converted Saima Iqbal to Islam in the office of Chaudhry Tahir Advocate, Rawalpindi Courts, and at that time Khalid Satti, Saima, Riasat Satti and clerk of Chaudhry Tahir advocate were sitting there.
Nikkah registrar admitted before the court of inquiry that it is correct to suggest that in case of acceptance of Islam by a lady in front of four persons, the possibility of compulsion cannot be ruled out.
He also said that two years ago, NADRA directed the letter pad on which he converted people to Islam would be admissible only if it carries the stamp of any mufti.
As per his statement, he got the letter pad stamped from Mufti Wasil. He also said before the inquiry court that in the case of Saima Iqbal too, the letter pad was stamped by Mufti Wasil. But Saima Iqbal didn’t embrace Islam in front of Mufti Wasil.
The court of inquiry opined that anyone converting any non-Muslim to Islam shall be highly vigilant and watchful particularly in case of females and while converting someone to Islam and solemnising someone’s Nikkah, he shall act like a magistrate and shall ensure by any means that element of duress or coercion has been fully eliminated.
The report said: “In the instant case, Muhammad Ali himself admitted that there can be a possibility of coercion and secondly that the lady has not embraced Islam in front of Mufti Wasil”.
The report said: “This court is of the view that if all events are read together in unison, it becomes an obvious case of forced conversion”.
The court of inquiry quoted the verses of holy Quran: “Let there be no compulsion in religion. Truth has been made clear from error. Whoever rejects false worship and believes in Allah has grasped the most trustworthy handhold that never breaks. And Allah hears and knows all things” (Al Quran 2:256).
Similarly, Allah Almighty commanded in the Holy Quran: “If it had been your Lord’s will, all of the people on the Earth would have believed. Would you then compel the people so to have them believe? (Al-Quran 10:99)
The report said that the commandments of Allah Almighty are very clear that no coercion whatsoever can be exhibited in matters of religion, and thus the forced conversion is detestable practice and contradictory with the principals of Islam.
The court of inquiry deliberated on the matter of Nikkah between Saima Iqbal Masih and Khalid Mehmood Satti that the Nikkah registrar kept the column regarding any previous marriage of groom blank either intentionally or he was not provided the proper information.
The affidavit submitted on behalf of Saima Iqbal neither carries a stamp of any first class magistrate nor by any oath commissioner. The court observed that the Nikkah was solemnised before the end of Iddat of the women, not following the Islamic Law. The court of inquiry found in the instant case that the requirement of fiqah were not met and Nikkah concluded between Saima Iqbal and Khalid Mehmood seems ‘Batil’ in the eye of law.
The court of inquiry recommended action against Officer In-charge and Investigation Officer Police Station Khanna under efficiency and discipline rules.
The charges of threat to life, criminal intimidation, abduction, rape and any other section of law in the light of findings of judicial inquiry should be added to FIR lodged against Khalid Mehmood Satti.
The Deputy Commissioner Rawalpindi has been urged to proceed against Nikkah registrar Muhammad Ali for not observing due diligence and non-elimination of the element of coercion or duress while converting Saima Iqbal to Islam and while solemnising their Nikah.
“His licence must be suspended,” recommended the report.