Islamabad, Aug. 7 : As Pakistan prepares to sign a key international document against child abduction this year, the country's top Islamic advisory body has declared that some of its clauses are in conflict with the Constitution of Pakistan and Islam.
Pakistan is to ratify The Hague Convention on International Child Abduction, which was adopted in 1980, reports the Express Tribune.
The convention is a multilateral treaty that addresses parental child abduction by facilitating cooperation between central authorities of the signatory countries to expedite the return of the child to the country of their habitual residence.
Over 90 countries around the world are signatory to this Convention. The Pakistan Law Ministry has been working for the past one year to clear the way for Islamabad to become a signatory and consultations have begun with the stakeholders.
However, the matter was before finalization referred to the Council of Islamic Ideology (CII) for its input.
But when the CII took up this matter, it found that some of the clauses of The Hague Convention are against the Constitution of Pakistan and Islam.
The body, which makes non-binding recommendations on compatibility of laws with Islamic Sharia, noted that the government should avoid signing such a document.
The CII noted that Article 20 of the convention is against the Constitution of Pakistan and Islam. Article 20 says the return of the abducted children may be refused if this is not permitted by the fundamental principles relating to the protection of human rights and fundamental freedoms of the requested state.
The existence of this clause is meant to protect children from being returned to dangerous or abusive circumstances that they are better off being away from.
"Such kinds of clauses could not be acceptable for Islamic society; therefore, the government should avoid signing the document," said a CII member.
He insisted that the government was bound to follow and protect its own Constitution..