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December 05, 2006


Political Umpire

I don't know the implications, or what the procedure might be before each of them. What I do know is that in the Scots courts Misbah will be entitled to independent representation, and will be interviewed by professionals without either parent being present. That seems the best way of finding out what she actually thinks and is some mitigation for the fact that (apparently) she does not wish to return to Scotland even on a short term basis pending the outcome of the substantive custody hearing.


Given that sharia courts are renowned for being biased against women, and regard non muslims as apostates, I can't see that Misbah's mother will get a fair deal if it goes to a sharia court.

She has already been criticised as unfit because she stopped being a muslim, drinks alcohol, has a male partner, none of which will go down well in a sharia court but shouldn't be relevant in determining fitness to be a parent.

It was interesting to see that the original judgement raised concerns that Misbah had been heavily influenced and coached by her father.
I wonder how much of her antipathy towards her mother has been fuelled by her father and siblings,who clearly disapprove of her mothers non-muslim lifestyle.

Their behaviour in encouraging and aiding Misbah's departure leaves a lot to be desired.

This is a lot of power to give to a 12 year old - most parents who have the interests of their child at heart would not necessarily agree to everything that their 12 year old wanted. I'm not sure why we are assuming based on the scant information available from media coverage heavily weighted towards the father, that Misbah's views are either really her own or accurate.


the sharia court is for matters of personal law. It would seem logical that the matter would be heard by Pakistan's Supreme Court as it is not a family (personal) law question, but a question of proper jurisdiction and international law.

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