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 .
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 .