Misbah Rana
Encyclopedia
Misbah Iram Ahmed Rana (born July 1994), also known as Molly Campbell, is a Scottish
girl of mixed Scottish-Pakistan
i heritage when she was at the centre of an alleged child abduction
case in August 2006.
, Scotland
to Sajad Ahmed Rana (b. 1960), and mother, Louise (b.1968), and has two elder brothers Omar (b.1986) and Adam (b.1990), an elder sister Tahmina (b. 1988). She also has a half-sister Rachel (b. 2006), her mother's child with her new partner Kenny Campbell, and two other younger half-sisters who are her father's children with his new wife. Misbah had acquired the surname Campbell from the man with whom her mother lived in Stornoway.
Her parents married in Muslim tradition
in 1984, after her mother converted to Islam. Growing up, the children were raised within the Muslim faith
until discontent became apparent between Sajad and Louise. They eventually divorced in 2001, when Misbah was seven, and all four Rana children initially stayed with their father, as requested by their mother. He eventually relocated back to his homeland of Pakistan
; the children accompanied him for the first few months before returning to their mother in Scotland. In 2005, Tahmina and Adam chose to return to Pakistan to live with their father while Misbah remained in her mother's custody. Her elder brother Omar continues to live in Glasgow, where he is studying. Misbah and her mother then moved from Glasgow to Stranraer
, a decision Louise Campbell claims was motivated by threats allegedly made by her ex-husband. In November 2005 they moved to Stornoway
.
, Pakistan. By the time her mother realised what had happened, they were already on their way to Pakistan.
The following day, after Interpol
launched a search for the missing twelve-year-old, Louise Campbell made an emotional plea to the media, claiming her former husband had abducted Misbah, against the child's wishes, with the intent to marry her off to a twenty-five-year-old cousin. (Child marriage
and forced marriage
are issues that activists such as Southall Black Sisters
claim are a significant problem among British Asian
s; marriage between cousins
is culturally encouraged in those communities.) This allegation has been denied by Misbah, her father and prominent members of the Pakistani community in Scotland, including Bashir Maan.
, Pakistan. On 28 August, Scottish MP
Mohammed Sarwar, who was friends with Sajad Rana, flew to Pakistan to mediate with the family.
Four days later, a press conference was held, attended by Misbah and her father where the girl vehemently denied the idea she was to be made a child bride and instead claimed she begged her father to take her to Pakistan, where she wanted to live with him and her siblings. Within hours, Louise Campbell's solicitors in Scotland insisted legal action was still underway to bring the child back to Britain and in her mother's custody but, in retaliation, Sajad said he was preparing to go before a Pakistani court to ask for her legal guardianship. And on 2 September, he was awarded temporary custody of Misbah after she signed a statement, saying she arrived in Pakistan from Scotland on 26 August 2006 under her own free will
, although he had to surrender her passport to ensure he could not take her out of the High Court's jurisdiction.
Campbell lodged a petition at the Lahore court alleging the child was illegally taken to Pakistan by her ex-husband and eldest daughter and activated the protocol that any custody case should be held in Scotland. This is in light of the 2003 Judicial Protocol signed by British and Pakistani judiciary officials in agreement that any abducted child should be returned to the country usually resided in and the court of that country should decide which parent the child should live with.
, on the basis that Louise Campbell is an 'apostate' mother who is not suitable to bring up a Muslim child. Misbah herself had clearly stated that she wants to be a Muslim from her own free will, and has said that her mother tried to force her into converting to Christianity.
A proposed shared custody arrangement, whereby the child would not return to Scotland for at least two years and her mother would only be allowed to see her in Pakistan, was rejected on 17 November 2006 by the Lahore High Court judge, who considered it unreasonable.
On 29 November 2006, the judge at the Lahore High Court ruled that Misbah should be handed over to the British High Commission "within seven days". Misbah's father had also lodged a complaint to the Federal Shariate Court, which can overrule any decisions the High Court makes on the case.
The High Court judge decided to follow the protocol between Pakistan and the UK on the handling of custody cases. The custody hearing was to be held in Scotland's Court of Session
, where Sajad had papers lodged, defending Louise's application for permanent custody ". However, at a press conference in the eastern Pakistan city of Lahore, the child openly protested the court decision to return her to Scotland.
In early 2007, Louise Campbell, who at that stage had been pegged to win full custody, dropped her claim for full custody against the backdrop of her daughter's continued insistence that she did not want to live with her mother. The parents eventually reached an out of court settlement that grants Louise visitation rights.
The court accepted her request and issued directives to seek view point of the concerned party in this respect. Both the parties agreed on 4 points.
Both the parties signed on memorandum of reconciliation which was presented before the court.
Under the deal, mother of Misbah Irum will withdraw all the cases pending in the courts of Pakistan and Scotland. Misbah Irum's mother will be provided police security whenever she comes to Pakistan to meet her daughter and all the traveling expenses will be borne by Sajjad Rana, father of Misbah. Thirdly Misbah Irum will be at liberty to proceed to Scotland when she wills so after one year or ten years. Her father will not restrain her from going to Scotland. Mother of Misbah Irum will also be allowed to meet her sons besides her daughter in Pakistan.
Talking to the journalists on the occasion, Misbah Irum said she is very happy with the court's verdict and she has got relief. Now she will stay with her sisters and brothers in Pakistan.
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
girl of mixed Scottish-Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
i heritage when she was at the centre of an alleged child abduction
Child abduction
Child abduction or Child theft is the unauthorized removal of a minor from the custody of the child's natural or legally appointed guardians....
case in August 2006.
Early life
Misbah/Molly was born in GlasgowGlasgow
Glasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands...
, Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
to Sajad Ahmed Rana (b. 1960), and mother, Louise (b.1968), and has two elder brothers Omar (b.1986) and Adam (b.1990), an elder sister Tahmina (b. 1988). She also has a half-sister Rachel (b. 2006), her mother's child with her new partner Kenny Campbell, and two other younger half-sisters who are her father's children with his new wife. Misbah had acquired the surname Campbell from the man with whom her mother lived in Stornoway.
Her parents married in Muslim tradition
Islamic marital jurisprudence
In Islamic law , marriage is a legal bond and social contract between a man and a woman. Islam commends marriage, with the age of marriage being whenever the individuals feel ready, financially and emotionally...
in 1984, after her mother converted to Islam. Growing up, the children were raised within the Muslim faith
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
until discontent became apparent between Sajad and Louise. They eventually divorced in 2001, when Misbah was seven, and all four Rana children initially stayed with their father, as requested by their mother. He eventually relocated back to his homeland of Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
; the children accompanied him for the first few months before returning to their mother in Scotland. In 2005, Tahmina and Adam chose to return to Pakistan to live with their father while Misbah remained in her mother's custody. Her elder brother Omar continues to live in Glasgow, where he is studying. Misbah and her mother then moved from Glasgow to Stranraer
Stranraer
Stranraer is a town in the southwest of Scotland. It lies in the west of Dumfries and Galloway and in the county of Wigtownshire.Stranraer lies on the shores of Loch Ryan on the northern side of the isthmus joining the Rhins of Galloway to the mainland...
, a decision Louise Campbell claims was motivated by threats allegedly made by her ex-husband. In November 2005 they moved to Stornoway
Stornoway
Stornoway is a burgh on the Isle of Lewis, in the Outer Hebrides of Scotland.The town's population is around 9,000, making it the largest settlement in the Western Isles and the third largest town in the Scottish Highlands after Inverness and Fort William...
.
2006-
On 25 August 2006, Molly was met by her sister Tahmina outside the gates of her high school. The sisters then met up with their father, who had been staying in a hotel on the Western Isles, and took a flight from Stornoway to Glasgow before boarding a flight to LahoreLahore
Lahore is the capital of the Pakistani province of Punjab and the second largest city in the country. With a rich and fabulous history dating back to over a thousand years ago, Lahore is no doubt Pakistan's cultural capital. One of the most densely populated cities in the world, Lahore remains a...
, Pakistan. By the time her mother realised what had happened, they were already on their way to Pakistan.
The following day, after Interpol
Interpol
Interpol, whose full name is the International Criminal Police Organization – INTERPOL, is an organization facilitating international police cooperation...
launched a search for the missing twelve-year-old, Louise Campbell made an emotional plea to the media, claiming her former husband had abducted Misbah, against the child's wishes, with the intent to marry her off to a twenty-five-year-old cousin. (Child marriage
Child marriage
Child marriage and child betrothal customs occur in various times and places, whereby children are given in matrimony - before marriageable age as defined by the commentator and often before puberty. Today such customs are fairly widespread in parts of Africa, Asia, Oceania and South America: in...
and forced marriage
Forced marriage
Forced marriage is a term used to describe a marriage in which one or both of the parties is married without his or her consent or against his or her will...
are issues that activists such as Southall Black Sisters
Southall Black Sisters
Southall Black Sisters is a non-profit All-Asian organisation based in Southall, West London, UK. This Asian-women's group was established in August 1979 in the aftermath of the death of anti-fascist activist Blair Peach, who had taken part in a demonstration against a National Front rally at...
claim are a significant problem among British Asian
British Asian
British Asian is a term used to describe British citizens who descended from mainly South Asia, also known as South Asians in the United Kingdom...
s; marriage between cousins
Cousin marriage
Cousin marriage is marriage between two cousins. In various jurisdictions and cultures, such marriages range from being considered ideal and actively encouraged, to being uncommon but still legal, to being seen as incest and legally prohibited....
is culturally encouraged in those communities.) This allegation has been denied by Misbah, her father and prominent members of the Pakistani community in Scotland, including Bashir Maan.
Abduction or runaway?
Within days of sparking international fears for her safety, Misbah was discovered at her father's house, located in a wealthy suburb of LahoreLahore
Lahore is the capital of the Pakistani province of Punjab and the second largest city in the country. With a rich and fabulous history dating back to over a thousand years ago, Lahore is no doubt Pakistan's cultural capital. One of the most densely populated cities in the world, Lahore remains a...
, Pakistan. On 28 August, Scottish MP
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
Mohammed Sarwar, who was friends with Sajad Rana, flew to Pakistan to mediate with the family.
Four days later, a press conference was held, attended by Misbah and her father where the girl vehemently denied the idea she was to be made a child bride and instead claimed she begged her father to take her to Pakistan, where she wanted to live with him and her siblings. Within hours, Louise Campbell's solicitors in Scotland insisted legal action was still underway to bring the child back to Britain and in her mother's custody but, in retaliation, Sajad said he was preparing to go before a Pakistani court to ask for her legal guardianship. And on 2 September, he was awarded temporary custody of Misbah after she signed a statement, saying she arrived in Pakistan from Scotland on 26 August 2006 under her own free will
Free will
"To make my own decisions whether I am successful or not due to uncontrollable forces" -Troy MorrisonA pragmatic definition of free willFree will is the ability of agents to make choices free from certain kinds of constraints. The existence of free will and its exact nature and definition have long...
, although he had to surrender her passport to ensure he could not take her out of the High Court's jurisdiction.
Campbell lodged a petition at the Lahore court alleging the child was illegally taken to Pakistan by her ex-husband and eldest daughter and activated the protocol that any custody case should be held in Scotland. This is in light of the 2003 Judicial Protocol signed by British and Pakistani judiciary officials in agreement that any abducted child should be returned to the country usually resided in and the court of that country should decide which parent the child should live with.
Court case
The first hearings to decide Misbah's future were held on 10 October 2006. Louise Campbell was fighting for Misbah to be returned to Scotland where any future cases could be held if the child still maintained she wanted to reside with her father. However, Sajad Rana was determined not to give his daughter back without a fight. He challenged the Judicial Protocol at the Lahore High CourtLahore High Court
The Lahore High Court is based in Lahore, Punjab, Pakistan. It was established as a high court on March 21, 1919. The Lahore High Court has jurisdiction over Punjab...
, on the basis that Louise Campbell is an 'apostate' mother who is not suitable to bring up a Muslim child. Misbah herself had clearly stated that she wants to be a Muslim from her own free will, and has said that her mother tried to force her into converting to Christianity.
A proposed shared custody arrangement, whereby the child would not return to Scotland for at least two years and her mother would only be allowed to see her in Pakistan, was rejected on 17 November 2006 by the Lahore High Court judge, who considered it unreasonable.
On 29 November 2006, the judge at the Lahore High Court ruled that Misbah should be handed over to the British High Commission "within seven days". Misbah's father had also lodged a complaint to the Federal Shariate Court, which can overrule any decisions the High Court makes on the case.
The High Court judge decided to follow the protocol between Pakistan and the UK on the handling of custody cases. The custody hearing was to be held in Scotland's Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
, where Sajad had papers lodged, defending Louise's application for permanent custody ". However, at a press conference in the eastern Pakistan city of Lahore, the child openly protested the court decision to return her to Scotland.
In early 2007, Louise Campbell, who at that stage had been pegged to win full custody, dropped her claim for full custody against the backdrop of her daughter's continued insistence that she did not want to live with her mother. The parents eventually reached an out of court settlement that grants Louise visitation rights.
The Final Decision
Naheeda Mehboob Elahi, counsel of mother of Misbah Irum extended an offer of deal on behalf of her client and submitted that she wanted to withdraw all the cases.The court accepted her request and issued directives to seek view point of the concerned party in this respect. Both the parties agreed on 4 points.
Both the parties signed on memorandum of reconciliation which was presented before the court.
Under the deal, mother of Misbah Irum will withdraw all the cases pending in the courts of Pakistan and Scotland. Misbah Irum's mother will be provided police security whenever she comes to Pakistan to meet her daughter and all the traveling expenses will be borne by Sajjad Rana, father of Misbah. Thirdly Misbah Irum will be at liberty to proceed to Scotland when she wills so after one year or ten years. Her father will not restrain her from going to Scotland. Mother of Misbah Irum will also be allowed to meet her sons besides her daughter in Pakistan.
Talking to the journalists on the occasion, Misbah Irum said she is very happy with the court's verdict and she has got relief. Now she will stay with her sisters and brothers in Pakistan.
Return to the UK
It had been reported in 2009 that Misbah/Molly was wanting to return to the UK and that the mother was accusing the father of preventing her from doing so, and also of not letting her maintain the contact rights with their daughter. On the 6th of February, 2011, it was reported that Rana, now 16, had decided to return and had flown back with her brother. However, instead of flying back to Scotland, she had went to stay with her sister in England. Her mother, now separated from Mr Campbell and no longer using his surname, said that the entire family was happy, and requested that the press now no longer report on their affairs.External links
- "A story of our times", Sunday HeraldSunday HeraldThe Sunday Herald is a Scottish Sunday newspaper launched on 7 February 1999. The ABC audited circulation in April 2011 showed sales of 31,123.From the start it has combined a centre-left stance with support for Scottish devolution...
, 3 September 2006 - "Legal papers accuse mother in custody row", The GuardianThe GuardianThe Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
, 4 September 2006 - "Mother in tearful appeal over 'Pakistan abduction' girl", Daily MailDaily MailThe Daily Mail is a British daily middle-market tabloid newspaper owned by the Daily Mail and General Trust. First published in 1896 by Lord Northcliffe, it is the United Kingdom's second biggest-selling daily newspaper after The Sun. Its sister paper The Mail on Sunday was launched in 1982...
, 29 September 2006 - "Plea to hear Molly case in Scotland", Daily Mail , 9 October 2006
- "I love mum, but I can't live with her", Daily Mail , 9 October 2006
- "Misbah refuses to leave Pakistan", BBC NewsBBC NewsBBC News is the department of the British Broadcasting Corporation responsible for the gathering and broadcasting of news and current affairs. The department is the world's largest broadcast news organisation and generates about 120 hours of radio and television output each day, as well as online...
, 1 December 2006 - "Father challenges Misbah ruling", BBC NewsBBC NewsBBC News is the department of the British Broadcasting Corporation responsible for the gathering and broadcasting of news and current affairs. The department is the world's largest broadcast news organisation and generates about 120 hours of radio and television output each day, as well as online...
- 2 December 2006