The mother of Farah Khan, whose body parts were found in a Toronto park more than two months ago, started a legal fight yesterday to have her daughter buried in Canada.
Shahida Jabeen's lawyer, Khalid Baksh, said he filed an application yesterday at Ontario Superior Court so that the remains of the woman's daughter can be buried in Toronto.
The five-year-old girl lived in the city for the past nine months with her father, Muhammad Arsal Khan, and stepmother, Kaneez Fatima. Mr. Khan, 36, and Ms. Fatima, 45, are awaiting trial on charges of first-degree murder in connection with the death of Farah, some of whose body parts were discovered in a waterfront park in December.
Mr. Baksh said the application, which requests the appointment of a public guardian to arrange the funeral, will be put in front of a judge this morning.
"We're confident we are going to get the relief we are seeking," he said.
However, Mohammed Syed, Mr. Khan's lawyer, contends that there has been insufficient notice and hopes the judge will adjourn the hearing to another date.
Mr. Syed said he will contest the application by stating that Mr. Khan became Farah's legal guardian when Ms. Jabeen lost custody of her daughter.
For his part, Mr. Baksh said he hopes the case will be heard quickly so that Farah's remains can be buried without further delay. Muslim community leaders want a quick burial for Farah, because Islamic law states a child should be laid to rest as soon as possible.
Ms. Jabeen, who last saw Farah when she was six months old, gave up custody of the child after divorcing Mr. Khan in 1994.
Last week, Ms. Jabeen arrived from Pakistan with her brother, Shaukat Ali, to announce to the Muslim community and reporters that she wants to fight her ex-husband's decision to have their slain daughter's remains buried in Pakistan.
"She's been overwhelmed by the support she's been given from the Toronto community," Mr. Baksh said.
Pieces of Farah's body began turning up Dec. 7 in garbage bags, buried under rocks along the shore of a west Toronto park, but her torso has not been found. An autopsy showed that she had been battered before she died.
Representatives of the Muslim community, disappointed that Mr. Khan wants his daughter to be buried in Pakistan, sent a letter to him at the Toronto (Don) Jail last week asking him to reconsider. He quickly rejected that plea.
"We had hoped it would not come to a legal battle," said Dr. Mobarak Ali of the International Muslims Organization. "But this is the mother's personal wish and preference and we have decided to accept it and support her."
Caroline Alphonso