Back to 'have your say'
Subject: Muslim Uncle Demands Custody of Two Minor Christian Children
Date: Sun, 13 Oct 2002 00:21:16 -0400

JORDANIAN CHRISTIAN MOTHER GIVEN 5-DAY ULTIMATUM

by Barbara G. Baker

ISTANBUL, October 9 (Compass) -- A Jordanian Christian mother went into
hiding with her children two days ago, just after she was served a court
order requiring her to deliver them into the custody of their Muslim uncle
within five days.

Siham Qandah received written notification from the Ministry of Justice on
October 7 to surrender her daughter Rawan, 14, and son Fadi, 12, to a civil
court in Irbid, near her home in northern Jordan. If she failed to comply
within five days, the notice declared, the authorities would "force
compliance with this order."

Shortly after the court order arrived at her door in the city of Husn,
Qandah was contacted by a woman lawyer.
The Muslim advocate advised the widowed mother that she could solve all her
guardianship problems by simply converting to Islam herself, so that her
children could remain under her care.

Under a final ruling from the Supreme Court of Jordan seven months ago,
Qandah was ordered to give up custody of her children to be raised as
Muslims. Rooted in the dictates of Islamic law, the decision was based on
her Christian husband's alleged conversion to Islam three years before his
death.

Widowed in 1994, Qandah learned several months later that two Muslim
witnesses had signed a conversion certificate attesting that her husband had
converted to Islam three years before his death.

On the basis of this document, local courts informed Qandah that the
children were automatically Muslims because of their father's conversion,
and that their orphan benefits could only be allocated through a Muslim
guardian.

Although Qandah and her family rejected the alleged conversion, such a
document filed in an Islamic court cannot be contested under Jordanian law.

So rather than have a court-appointed guardian, Qandah asked an estranged
brother who had converted to Islam 20 years ago to serve as the children's
legal guardian. But as her children grew older, became active in the local
Baptist church and enrolled in the Christian religion classes at school, her
brother began to insist that they must be raised as Muslims.

In May 1998, Qandah's brother, Abdullah al-Muhtadi, opened a civil case for
full custody of his niece and nephew. Now a Muslim prayer leader, al-Muhtadi
has remained estranged from his six Christian brothers and three sisters
since he became a Muslim as a teenager.

Despite assurances from her lawyer that under Jordan's moderate judiciary
Qandah would never lose her children, over the next four years the local,
appellate and Supreme Court judges hearing the case all ruled against her.

When the final ruling went into effect last April, Qandah quickly took her
children out of school and went into hiding. As news of her dilemma spread
in the international press, an advocacy campaign was mounted to petition the
government of King Abdullah II of Jordan to resolve the case.

In late May, local Jordanian Intelligence Department (JID) officials called
Qandah in for an interview, reassuring her that due to the "international
attention" given to her case she would not be harmed and her children would
not be taken away from her. Somewhat reassured, she returned home with her
children over the summer. But when she met again with other JID
representatives in Amman in early August, she was told that they could not
"interfere" with judicial rulings.

On August 27, the office of Prince Hassan, brother to the late King Hussein,
summoned Qandah to discuss her case. But the prince's assistant also
admitted that her situation was "very complicated," stating that nothing
more could be done after the highest court had ruled on the case.

By court order four years ago, the names of Qandah's two children are
blacklisted on immigration computers, forbidding them to leave Jordan.
Although both still have Christian identity cards, the court ruling makes
them officially Muslims. Jordanian law does not allow Muslims to change
their religious identity, nor is a Muslim woman allowed to marry a
Christian.

Qandah is particularly worried about the long-term fate of her daughter,
fearing that she might be forced to marry a Muslim before she reaches legal
adulthood at age 18.

"As a mother, she is suffering a lot over this," a close friend of Qandah
told Compass. "But God can do miracles in these last three days she has left
with her children."

13/10/02
Subject: islamic justice...Lest we forget
Date: Sat, 12 Oct 2002 22:22:10 -0400


- Mother Ordered to Give Up Children in Five Days (Jordan)

Compass Direct reported today (October 9) that Siham Qandah received written
notification from the Ministry of Justice on October 7 to surrender her
daughter Rawan, 14, and son Fadi, 12, to a civil court in Irbid, near her
home in northern Jordan. If she fails to comply with the order within five
days, the notice declared, the authorities would "force compliance with this
order."

Qandah was widowed in 1994. Several months after her husband's death,
witnesses came forward that claimed to have documentary evidence that he had
converted to Islam three years before he died. On this basis, Qandah was
informed by local courts that her children were automatically orphans and
that their orphan benefits could only be allocated through a Muslim
guardian. Documents of conversion, filed in an Islamic court cannot be
contested under Jordanian law.

Unwilling to entrust her children to a court appointed guardian, Qandah
asked an estranged brother, Abdullah al-Muhtadi, who had converted to Islam
20 years ago to serve as the children's legal guardian. But, according to
Compass Direct, as the children grew older, they became more involved in the
Baptist church they attended and enrolled in the Christian religion classes
at school. Seeing this, the brother began to insist that the children be
raised Muslims. In May 1998, he opened a civil case for full custody of his
niece and nephew.

Over the next four years the local, appellate and Supreme Court judges
hearing the case all ruled against Silam Qandah. Last April, she was
ordered by the Supreme Court to give up custody of her children to be raised
as Muslims by their uncle. Qandah quickly took her children out of school
and went into hiding.

An advocacy campaign was mounted to petition the government of King Abdullah
II of Jordan, as news of Qandah's dilemma spread in the international press.
In late May, she met with local Jordanian Intelligence Department
(JID)officials who assured her that, because of the international attention
that her case had received, she would not be harmed and her children would
not be taken away from her. She came out of hiding, but in early August
other JID representatives in Amman said that that they could not "interfere"
with judicial rulings. Even the office of Prince Hassan, brother to the
late King Hussein, while meeting with Qandah in late August, stated that
nothing more could be done after the highest court had ruled on the case.

The family has been unable to leave Jordan, as the names of Qandah's two
children are blacklisted on immigration computers. Jordanian law does not
allow Muslims the right to change their religion. Thus it would appear that
there are no legal options left for this family.

Pray that God would intervene in this seemingly hopeless situation. Pray
that this family would be able to stay together. Pray the King Abdullah
will personally get involved in this case. We have not been able to find an
email address or fax number that you can use to send a message to the king.