FARAKH Taj, the distressed mother whose 19-year-old daughter, Asma Kaadim Hussain, died under ‘unusual circumstances', continues to seek justice for her daughter, even as more twists and turns in the strange story come to light. Asma died after a-year and a-half of her marriage to Mumtaz Hussain. Taj alleges that Asma was poisoned by her husband Hussain, a claim that Asma's sister says Asma confirmed before she died. Meanwhile, the validity of the marriage that allegedly took place between Asma and Hussain has been put to question with lawyers and Islamic scholars saying that such a marriage is legal only under the laws of countries, such as, India and Pakistan, and is not valid under Shariah rules. Mohammed Aqeel, coordinator of Jeddah Dawa Center, said a marriage that does not involve the consent of the parents, especially the father, or a guardian of the girl is not acceptable in Islam. “Though, it may be in accordance with the Pakistani or the Indian law,” he added. Hussain claims that he and Asma got married in Ramadan in 2007 in a hotel in Jeddah and in front of everyone, including Asma's sisters. He alleged that Asma's parents “are doing all this for my money”. “I didn't marry Asma in a Saudi court as Asma's parents were against this marriage. Why did not Asma's sisters question me earlier as to why I was getting married in a hotel and not in the consulate or a Saudi court?” asked Hussain. Asma's mother said that Hussain took Asma from her school and married her without their knowledge. “We were against this marriage, and when it took place we were not even informed. The marriage certificate that Hussain produced is a Pakistani document. How is this possible, if as he claims, the marriage took place in Saudi Arabia?” asked Taj, adding that the persons who signed as Asma's guardians or lawyers on the certificate are unknown. Maintaining that Asma's was a forced marriage, Taj said that Hussain concealed the fact that he already had a wife and children, and that the marriage certificate falsely states that he had never married. “However, for our dignity, we later accepted this forced marriage,” she said. According to Aqeel, the question of divorce in Asma and Hussain's case does not arise as their marriage is invalid under the Shariah law. “If the girls' father does not give permission for the marriage, and he is not part of the marriage when it takes place, the marriage is not valid. In some such cases, the judge of the court or the Imam of the mosque can be the girls' guardian,” he said. Taj alleged that Hussain killed Asma because “he was under pressure to do so from his son and first wife, whose brothers are married to Hussain's sisters”. “Hussain was obliged to give Asma all the property and money that he had mentioned in the marriage certificate if he divorced her. To avoid this, he opted for an easy way out and killed her,” said Taj, adding that Hussain's elder son had threatened her that he would kill Hussain if he didn't divorce Asma. She said the government should question the Pakistani marriage certificate that Hussain has, and which was later translated into Arabic, and also why he did not marry Asma in a Saudi court. Taj recalled how they first came across Hussain. “We did not have an Iqama and Hussain told us that he could get our Iqamas made on the payment of SR16,000. Not only did he not refund our money, but he also cast his eye on our daughter and obtained all our information from our passports, which he used in the forged marriage certificate,” she said. Asma's parents were adamant that Hussain divorce their daughter. “He divorced Asma in writing, the copy of which is with us. However, even after that he requested us to accept the marriage and took Asma with him claiming that the divorce that he gave in writing was not valid as it was obtained forcefully,” said Taj. She also alleged that Hussain had been receiving support from a person at a high-level in Pakistan to stop the proceedings of any investigations into the issue. A senator in Islamabad, requesting anonymity, told Saudi Gazette that a former minister, at the request of Hussain's family in Pakistan, was indeed helping Hussain. Hussain also confirmed to Saudi Gazette that he was being helped from Pakistan, and that, the help was sought “only for Asma's burial and not for the case”. Meanwhile, Asma's sister, Abda Mohammed Yousef, who was with Asma during her treatment in the hospital, alleged that just when Asma was getting better in the hospital, Hussain removed Asma's oxygen mask to let her die. “Her medical report states that Asma died due to a lack of oxygen,” she said. According to Abda, Asma told her that Hussain had intentionally poisoned her. “Asma was getting better by the day, and she stayed in the hospital for 18 days after consuming the poison. However, on the day of her death, Hussain had gone alone to see her,” she said. She said Asma was not happy with Hussain. “He left Asma without any money and support for their daughter. He dropped his daughter in the bathroom due to which the baby was injured and was treated in a hospital.” “After the baby's medical treatment, Hussain did not come to take them home. However, Asma insisted on going back to her husband in Madina, and on the second day after her arrival there, she was poisoned,” Abda said. Taj has submitted an application requesting justice to the Madina governor's house, in the justice court, the investigation department of Madina, and various human rights bodies. She has applied to the passport department requesting the extension of her visa. Taj said that she hopes the case is investigated by a ‘good officer' and is resolved soon. Saudi Gazette discussed the implications of the issue with Faisal Qassar, a well-known lawyer in Jeddah. “It is illegal for anyone to get married in a hotel as per his wishes without the presence of an official from his country's consulate or a judge. Such a marriage is not acceptable as per the law of the land, and a case can be registered with the police against any person who produces fraudulent marriage documents,” he said. Meanwhile, Taj is appealing to the Saudi government to help her in investigating the truth.“I am an old woman and have no one to help me. I don't even know the Arabic language and no one is helping me,” she said. “They threatened and abused Asma because she married me,” Hussain concluded.
