PESHAWAR (Haroon Siraj/ ENN) In a Pre arrest bail the additional sessions judge Peshawar restrained the local police from arresting the accused MST (not to be named) who married a man after his conversion to islam from christianity.
According to details, the charges levelled against the accused is that of Fornication and against her husband of Fornication and kidnapping.
Defense counsel Nouman Muhib Kakakhel represented the accused.
The counsel referred to various fitwas issued by various schools of thought of Islam that after conversion of any person to islam, a muslim woman can marry him and in that analogy; the husband of accused petitioner is a muslim and the marriage is valid.
The counsel argued that the husband of accused changed his name and their child also bears a muslim name whereas the nikah was solemnised by a mualana in accordance with shariah e muhammadi.
The counsel argued that the husband of accused is a convert to islam and is therefore considered to be muslim per Quran and Hadees of the Holy Prophet PHUB and nobody can hold his old faith against him.
The learned Additional Sessions judge, Peshawar after hearing arguments of the counsel of the accused granted ad interim pre arrest bail and restrained the local police from arresting the accused.