A challenge to Islamic injunctions from the Supreme court CJ ? or is it the influence of western N

shaikh

Minister (2k+ posts)
A challenge to Islamic injunctions from the Supreme court CJ ? or the influence of NGO culture.
 
Pakistan has a few laws incorporated in the 1980s by Late Gen.Zia ul Haq which can be termed Islamic laws . Though no body had means or to bear upon himself risk to remove them from statue book in an Islamic country but Western sponsored NGOs via third persons, media etc had been consistently trying to get rid of these few injunctions.
 
The supreme court under Chief justice Mr.Iftikhar has been taking up these matters and deciding unilaterally on these matters from time to time. For example in the matter of "She male" for transvestites there is no evidence that medical profession or clergy or even anglosaxon legal personalities were consulted and people say that Mr.Jawad Khawaja a person of "Parties" and long hair at this age was a co-sponsor. This was a kind of NGO culture sponsored decision , halfwaythough.
 
Now the recent remarks by CJ about islamic injunction of "Qisas and Diyat" , which is called in colloquial term the "Blood money" by its western opponents is under attack . The CJ never objected to this clause when Raymond Davies was the killer but using the case of a young boy murdered by the sons of Karachi elite this issue has been brought up. The CJ had the misplaced dare to call this injunction of the Holy book , "Fasad fil Arz" as the news item shows.
Clearly, there is an attempt using media to malign and misinterpert an Islamic law of which there is precendent in previous Abrahamic law as well .
A Major Cable TV channel recently invited three persons with allegedly Mullah credentials , one of said the most unbelievable statement. He said "In Islam there are Haddood laws and Tazeer laws". The guy had no understanding that Tazeer laws are state laws and have nothing to do with Hadood or Islamic laws.
It seems that CJ does not want to understand and simply condemned Islamic laws using islamic terminology of "Fasad fil Arz".
At its worst the "blood money" clause is not incumbent on the agreed party , they can forgive without it too. Would CJ attack that clause of forgiveness too ? of the Quran.
Forgiveness whether without benefit to aggrieved party or not is an important part of all Abrahmic religions and CJ is Mr.nobody to review that . He is infact committing a minor Blasphemy if not major Blasphemy but that is for law experts to decide.
State cannot be party to something where genuine heirs are around to seek remedy for their grievance . If there is no body then offcourse state not operating as state but as "Ummah" or brotherhood has a task to restore justice.
The "blood money" is not meant for the rich to buy their prospective and restrospective murder list of the poor victims but for peace between two clans , it is meant for restoring peace and sometimes to try to recoup the financial damage and utter fear which continuous bolod shed and revenge will otherwise lead to .
One reason that CJ and the NGO culture led brigade had the courage to challenge Islamic law is that during PEMRA Geo case no body forced Jawad Khawaja to get out of this bench as he had solid relationships with Geo owners and the case was of national interest as funding of tens of millions of sterlings from a suspicious NGO was the subject of the matter.

It would be unwise and even catastrophic for the current CJ to take on religious matters so lightly , if he has issues with it he can proceed to call ulema to take advise as Islamic provisions are protected by constitution and are not standalone which CJ or his long haired liberal companion judge Khawaja can thrown out . As a matter of fact this also reminds of Taseer's case , who own murder and his sons dissappearence is clouded in mystery and need CJ's action.May be that is not the same as it looked like.
 
If CJ is uncomfortable with Islamic provisions as he has shown previously in Swat case and JUI govt former NWFP provisions , he can always hand the CJ ship to his seniors in SC as Mr.justice Tassadaq or Mr.Justice Nasir ul Mulk . Afterall he is not the most senior and should not be in this place at all if honesty was the coin of the day. Is this recent outburst from CJ against an Islamic law a prelude to his preparation to hand his western well wishers a new controversy about Islamic laws before he settles in the West after retirement if he accepts retirement at all .

 
 

awan4ever

Chief Minister (5k+ posts)
In a society where the powerful can coerce and influence the weak into giving 'pardons' in the court what legitimacy can be accorded to a pardon given as per Islamic injunctions of Qisas and Diyat?

If you are threatened with further risk of death or injury to your family and you know that the state is powerless to help you then what option are you left with then to give in to the demands of the aggressors?

This is just like we dont punish anyone with cutting off the hand for stealing because the state currently does not provide all with essentials of life so as to deter the from stealing. Thus the cutting of hand is held in abeyance as a punishment.
 

fawad ali

Chief Minister (5k+ posts)
Qisas and Diyat is only allowed if there is not 'external pressure' on the family. In this case, and in RAymond Davis case, clearly the family was pressurize to an extend that in order to save their own lives they gave up. THIS IS NOT DIYAT. And certainly this is not acceptable by Islam. CJ took an excellent decision.
 

fawad ali

Chief Minister (5k+ posts)
People startedd kidnapping other children, while killing one. to pressurize the family for Diyat. This is not what Diyat was meant to be for.
 
what a load of crap....this author and his family must be thrown in afghanistan. What is mind boggling that this crap is allowed to be posted.
 

aqeel813

Minister (2k+ posts)
you can see my display pic that how I see these courts. But, this decision is the one which I appreciate as well. Cj did not say anything against this law, rather commented on its misuse. I agree to each and single word of him. That Allah will punish us if don't use an islamic law in its true sense.
ps: i am no fan of NGOs and well aware of their aims but this has nothing to do with it.
 

fawad ali

Chief Minister (5k+ posts)
IN raymond davis case, ISI was directly involved and threatened the family to forgive Davis. Read the book, 'the way of the knife', mark mazzetti, where he tells how Gen. Pasha was personally involved in releasing Davis. He had arranged 19 family members, all of them together to be there at the court on the day when the family was forgiving him. Do you think it is just a coincidence gathering 19 family members and they all agreed to the same thing?? With such pressures do you think Qisad and Diyat is applicable??
 

shaikh

Minister (2k+ posts)
Was the judge who dealt with Raymond Davis case not under the same CJ of Pakistan ? Where was he then. This issue is not crap issue , the NGOs seem to have spotted a case where public sympathies are with those intent on punishing the killers and a law of faith of not just Islam but other Abrahamic faith for benefit of mankind not a particular person is to be made dysfunctional. Already death penalty is being challenged and are held in abeyance. So on one hand NGO culture wants via CJ to trample on the rights to forgive or seek blood money as per Islam and creating atmosphere for death penalty decision and simultaneously they want death penalty abolished and held in abeyance and this is what is already on. So if CJ is to prevail then neither would the relatives of the deceased will get money nor would they get death penalty as per NGO culture and infact after two years guy will be out anyway from jail.
 

fawad ali

Chief Minister (5k+ posts)
The guy was already sentenced to 'death' by the court. He appealed against it, and there was a good chance the ruling would have stayed the same if the family hadn't given up. I say again, Qasas and Diyat is NOT ALLOWED IN ISLAM if the family is pressurized into it. This is NOT NGO THINKING. Try to understand what Qasas and Diyat is for, and not bring half knowledge of Islam with wrong intrepretations to us.
 

fawad ali

Chief Minister (5k+ posts)
ok tell me a situation. I kill a relative of yours, then i kidnap your son and ask you to forgive me or else i'll kill your son. Is this what Islam told us to do?
 

fawad ali

Chief Minister (5k+ posts)
In raymond davis case, ISI Chief was involved and within 30 minutes of judgement passed by the court, the culprit was out of Pakistan. CJ cannot take suo moto on each and everything that happens in Pakistan. It is the governments duty to enforce rule of law. It is a failure of the government in Raymond DAvis case and in this case as well. If CJ takes suo moto, he does something out of the ordinary and we are thankful to him.
 

shaikh

Minister (2k+ posts)
 
The outburst by CJ against established facility of the Quran in a murder case violates many not just one priciple both of islam and even secular Pakistani law.
1. Under secular law (as is presently the case in Pakistan) the judge is not supposed to make a case for one of the two parties. ( I have disagrement with this idea though ) Neverthless in the instant matter while the CJ is trying to make a case for none of the two parties but he definitely is doing so for an absent party i.e the Western Funded NGO culture which has always frowned upon "blood money" clause.
 
2. There is serious ambiguity in the conduct of the chief justice, on one hand CJ wants to ride the popularity bandwagon by trying to make sure that Death sentence in maintained for the accused but at the same time he has not taken any suo moto against Zardari and Nawaz Government as to why death sentences have been not marterialized for so many years !. Lest Western NGOs do not blacklist him i.e the CJ.
 
3. There are deeper issues involved, Islam in my humble view mainly regards tribe, nation and Islamic brotherhood as the owner of the society and not the theoretical concept of state, even though our Islamic brothers do not tire using the world "Islamic state". This is of material importance as under former system of conquerer and kingly law all property and power lies with the king or conquerer. On the other hand the concept of right of property in Islam is perpetual and full if something is bought for full price possible at the time and no body can forfeit this right unless there is rebellion against Islamic law or authority of brotherhood formed under it . On the contrary the current concept of state of Pakistan is one similar to successor to king , i.e a body owning everything in society . This concept of state owning everything under the sun doing whatever it wants , punishing and pardoning whosoever it wants is not an Islamic concept. In Islam the next of kin has the right to decide not the chief justice whether he wants to pardon or not .
 
4. An issue has been raised that forgivenness should not be under threat or be forceful and offcourse a judge can ascertain this and if it is under coercion he may logically stop such a forgiveness as that is an unintended forgiveness not that judge has any inherent right to intervene per se as per Islam.
5. There was therefore no scope for the CJ to commit near blasphemous remarks quoted in some Urdu newspapers.
6. Suppose this (not really Islamic) Paksitani state decides to apply PPC it can book the accused under many current statues like waiving weapons, threatening somebody , having bad record and so on which all have jail terms.
7. This brings us to the next question of legal nature , which is is there any evidence that Jail terms are the main form of punishment in Quranic law ? . The answer might be NO, but under PPC of Pakistan they are !.
 
8. One needs to point out that "blood money" how ever hated and painful to settle for is a form of financial compensation to the aggrieved party and can help the receiving poor party rise up in social ladder and be in a position to protect its clan more effectively against rich and powerful's excesses next time.
 
9. About threat or percived threats , one may add that while one party may be under no immediate threat when a settlement is made but deep inside such settlements are obviously to protect the remaining clan from fear of revenge and further bloodshed.So in a way fear of further damage is not a exclusion clause to accept settlement of blood money by a judge.
 
10. Finally , the constitution of Pakistan is not that much interested in making Islamic laws using Islamic system of logic rather it tries to say that laws will not be repugnant to Islam , there is quite a difference between the two intentions which somehow has escaped attention of Islamic parties . The rights of state vs rights of individual is a point . We cannot allow state functionaries to increase their powers unilaterally which even Quran does not give them .
 

shaikh

Minister (2k+ posts)
An important legal personality of Pakistan asked me today that is it not strange that headline of the Jang newspaper that "Pardon in the name of allah is Fasad fil Harz"-CJ has not met with charge of Blasphemy by religious parties .
 

shaikh

Minister (2k+ posts)
So the subject matte of pardon in the name of God is going to be heard by a larger bench of supreme court .