A bill was passed by the Parliament of Islamic Republic of Pakistan. It was and is known as 'Women Protection Bill'. It was launched with great fanfare and after it was passed from the parliament and the senate, the 'Moderate' and 'Enlightened' president of Pakistan General Pervaiz Musharraf signed it. It was projected as the 'Victory' of moderate and enlightened forces in Pakistan. People who followed the time line of this bill and the various clauses in the bill, would definitely disagree with this notion. And if you can analyze the new bill carefully, it would just appear to be either a marketing or a Anti-Hudood campaign.
What is Hadd?
Hadd if simply defined, is the Islamic punishment, which has been set by Allah and communicated through the Glorious Quraan, and Sunnah of our Prophet (peace be upon him). e.g. In case of robbery, the hand of a robber will be cut away. In case of a large robbery, one hand and one leg of the robber will be cut, in case of Zina, if the person is married, then 'Sangsaar' (i.e. burying the body of the person except for the head, and then stoning the person to death etc).
These punishments though harsh in front of the world, but as Muslims we believe that since they are Allah's commands therefore they cannot be challenged, changed or modified. People who are unhappy/disagree with these punishments are in fact unhappy/disagree with the Quran. An act which is exactly the same as Kufr. Since Quraan and commandments of Allah and HIS prophet (peace be upon him) are to be accepted and followed in full and not in part and parcel.
Also mechanisms to prove the crimes which results in Hadd punishments are quite strict, e.g. in case of Zina. 4 witnesses of the crime are required before 'Sangsaar' can be done.
Please also note that a very popular clause of Pakistani Constitution is 'No law, which is contrary to Holy Quraan and Sunnah can be passed in Pakistan. Nor can such a law exist in Pakistan'. Therefore any such law is also against the constitution of Pakistan.
Hudood Ordinance
In the times of Zia Ul Haq. A committee of Ulema was formed to incorporate Islamic Mode of Punishments into Pakistani Law. These laws were written down and were known as Hudood Ordinance. It was mentioned in Hudood Ordinance, that crimes which cannot be proved through evidence mentioned in the Holy Quraan cannot get the Hadd Punishment. e.g. if for the crime of Adultery, there are no 4 witnesses, then the Islamic Punishment of 'Sangsaar' cannot be awarded to the criminal. In such a case, if other kinds of Circumstantial Evidences e.g. 1,2,3 witnesses, DNA tests etc, are present, then the judge can award other kinds of lesser punishments, as he deems fit. The law for this lesser punishment is known as 'Tazeer' and the law for the Islamic Punishment is known as 'Hadd'.
History of Women Protection Bill
It would be prudent to mention the history of the propoganda mechanism employed before the passing of this bill. About 4-5 months back, GEO News (a local news channel), started a massive campaign. Putting up sign boards and dedicating precious air time in challenging and asking people to think whether Hudood Ordinance can be changed or not. On their website the comments (edited I am sure) of various Islamic Scholars were present. Most of the credentials of the 'Islamic Scholars' were dubious but those Scholars who were renowned for their knowledge and not-for-sale personalities, were of the opinion that only those portions of Hudood Ordinance can be changed which were created by man i.e. Tazeer.
Various talk shows were arranged in which Islamic and not so Islamic scholars were invited to comment on these laws and somehow the one single purpose of the whole show was to make the renowned and conventional scholars to just say that the Hadd laws can be changed. Needless to say no recognized Aalim or Islamic Scholar agreed to changing of Hadd laws. And if for sake of argument someone accepted as well, then it can be assumed that he went against the Quran and Sunnah and therefore the dubiousness of such a scholar can be ascertained.
After some time a bill was prepared and submitted in the parliament by Chaudary Shujaat Hussain. The writers of this bill are not known till today. The religious alliance (MMA) rejected the bill immediately, since it was making some very crucial changes in the Hadd punishments and hence was against the Quraan and Sunnah. The ruling party, PML (Q) could not think of passing the bill since the ruling coalition required votes. The help came from another secular party PPP, which once was the sworn enemy of Musharraf, but lately have become the apple of his eyes.
The media projected this event as the Mullah going against the Protection of Women and started a massive hate campaign against them. The headlines of Daily Dawn were shocking to say the least. The news items presented in Dawn contained sledging journalism rather than objective journalism. People were confused since the media completely blacked out the clauses which the religious alliance was shouting against. Nobody knew the contents of the 'Women Protection Bill' either. Hence the General Public did not know the clauses of the bill which were under argument.
People in the ruling PML(Q) who had an iota of faith inside them, agreed to consult the non-political Ulema. The names of two, based on their unbiasedness and knowledge were suggested and agreed upon immediately (by all concerned parties, except for PPP). The two were Mufti Muneeb Ur Rahman and Mufti Taqi Usmani. The latter being a retired judge is quite experienced in Pakistani Law as well.
The two studied the major clauses of the bill and presented some changes in the Bill. It was agreed by all concerned parties that these clauses will be incorporated in the bill. The signatories, besides the Ulema, included Chaudary Pervaiz Elahi and Chaudary Shujaat Hussain and some key members of MMA.
The two Ulema also noted that the Bill even after the changes will be useless and it does not do anything to guarantee protection of Women against crimes which are prevalent in the rural areas of Pakistan. The lands of land lords from Punjab and Sindh.
Therefore the Ulema recommended some more areas to be covered. e.g. Marraige of Women to Holy Quraan should be banned. Karo Kari should be banned etc.
All was settled. But it seemed that the 'Moderate' president of Pakistan was against any changes in the bill. Why ? No one knows. PML(Q) probably fearing losing Musharraf's vote of confidence and PPP wanting to gain his confidence formed an alliance to gaurantee the passge of the bill. The Ulema asked for appointment from the President to tell him of the gravity of going against the commandments of Allah, but they were not given time.
Eventually the bill without the recommendations of the Ulema was forced on the parliament. The 'Moderate' president of Pakistan asked all 'Moderate' and 'Enlightened' forces of Pakistan to unite and ensure that this bill is passed.
The bill was passed through a majority vote. In doing so, the parliament went against the constitution of Pakistan. And brought a useless law into place which didn't guarantee anything for the women.
Clauses Against Quraan and Sunnah.
I would like to present some of the clauses which are against the Quran and sunnah.
1. A person who has committed Zina Bil Jabr (rape) cannot be awarded the Islamic Punishment of 'Sangsaar' or 70 lashes even when the complainant has brought 4 witnesses with him/her.
2. Islamic law does not allow changing of Hadd Punishment, once awarded, even by the Prophet (peace be upon him). But now Hadd punishments can be over ruled by the Provincial Governments.
What is Hadd?
Hadd if simply defined, is the Islamic punishment, which has been set by Allah and communicated through the Glorious Quraan, and Sunnah of our Prophet (peace be upon him). e.g. In case of robbery, the hand of a robber will be cut away. In case of a large robbery, one hand and one leg of the robber will be cut, in case of Zina, if the person is married, then 'Sangsaar' (i.e. burying the body of the person except for the head, and then stoning the person to death etc).
These punishments though harsh in front of the world, but as Muslims we believe that since they are Allah's commands therefore they cannot be challenged, changed or modified. People who are unhappy/disagree with these punishments are in fact unhappy/disagree with the Quran. An act which is exactly the same as Kufr. Since Quraan and commandments of Allah and HIS prophet (peace be upon him) are to be accepted and followed in full and not in part and parcel.
Also mechanisms to prove the crimes which results in Hadd punishments are quite strict, e.g. in case of Zina. 4 witnesses of the crime are required before 'Sangsaar' can be done.
Please also note that a very popular clause of Pakistani Constitution is 'No law, which is contrary to Holy Quraan and Sunnah can be passed in Pakistan. Nor can such a law exist in Pakistan'. Therefore any such law is also against the constitution of Pakistan.
Hudood Ordinance
In the times of Zia Ul Haq. A committee of Ulema was formed to incorporate Islamic Mode of Punishments into Pakistani Law. These laws were written down and were known as Hudood Ordinance. It was mentioned in Hudood Ordinance, that crimes which cannot be proved through evidence mentioned in the Holy Quraan cannot get the Hadd Punishment. e.g. if for the crime of Adultery, there are no 4 witnesses, then the Islamic Punishment of 'Sangsaar' cannot be awarded to the criminal. In such a case, if other kinds of Circumstantial Evidences e.g. 1,2,3 witnesses, DNA tests etc, are present, then the judge can award other kinds of lesser punishments, as he deems fit. The law for this lesser punishment is known as 'Tazeer' and the law for the Islamic Punishment is known as 'Hadd'.
History of Women Protection Bill
It would be prudent to mention the history of the propoganda mechanism employed before the passing of this bill. About 4-5 months back, GEO News (a local news channel), started a massive campaign. Putting up sign boards and dedicating precious air time in challenging and asking people to think whether Hudood Ordinance can be changed or not. On their website the comments (edited I am sure) of various Islamic Scholars were present. Most of the credentials of the 'Islamic Scholars' were dubious but those Scholars who were renowned for their knowledge and not-for-sale personalities, were of the opinion that only those portions of Hudood Ordinance can be changed which were created by man i.e. Tazeer.
Various talk shows were arranged in which Islamic and not so Islamic scholars were invited to comment on these laws and somehow the one single purpose of the whole show was to make the renowned and conventional scholars to just say that the Hadd laws can be changed. Needless to say no recognized Aalim or Islamic Scholar agreed to changing of Hadd laws. And if for sake of argument someone accepted as well, then it can be assumed that he went against the Quran and Sunnah and therefore the dubiousness of such a scholar can be ascertained.
After some time a bill was prepared and submitted in the parliament by Chaudary Shujaat Hussain. The writers of this bill are not known till today. The religious alliance (MMA) rejected the bill immediately, since it was making some very crucial changes in the Hadd punishments and hence was against the Quraan and Sunnah. The ruling party, PML (Q) could not think of passing the bill since the ruling coalition required votes. The help came from another secular party PPP, which once was the sworn enemy of Musharraf, but lately have become the apple of his eyes.
The media projected this event as the Mullah going against the Protection of Women and started a massive hate campaign against them. The headlines of Daily Dawn were shocking to say the least. The news items presented in Dawn contained sledging journalism rather than objective journalism. People were confused since the media completely blacked out the clauses which the religious alliance was shouting against. Nobody knew the contents of the 'Women Protection Bill' either. Hence the General Public did not know the clauses of the bill which were under argument.
People in the ruling PML(Q) who had an iota of faith inside them, agreed to consult the non-political Ulema. The names of two, based on their unbiasedness and knowledge were suggested and agreed upon immediately (by all concerned parties, except for PPP). The two were Mufti Muneeb Ur Rahman and Mufti Taqi Usmani. The latter being a retired judge is quite experienced in Pakistani Law as well.
The two studied the major clauses of the bill and presented some changes in the Bill. It was agreed by all concerned parties that these clauses will be incorporated in the bill. The signatories, besides the Ulema, included Chaudary Pervaiz Elahi and Chaudary Shujaat Hussain and some key members of MMA.
The two Ulema also noted that the Bill even after the changes will be useless and it does not do anything to guarantee protection of Women against crimes which are prevalent in the rural areas of Pakistan. The lands of land lords from Punjab and Sindh.
Therefore the Ulema recommended some more areas to be covered. e.g. Marraige of Women to Holy Quraan should be banned. Karo Kari should be banned etc.
All was settled. But it seemed that the 'Moderate' president of Pakistan was against any changes in the bill. Why ? No one knows. PML(Q) probably fearing losing Musharraf's vote of confidence and PPP wanting to gain his confidence formed an alliance to gaurantee the passge of the bill. The Ulema asked for appointment from the President to tell him of the gravity of going against the commandments of Allah, but they were not given time.
Eventually the bill without the recommendations of the Ulema was forced on the parliament. The 'Moderate' president of Pakistan asked all 'Moderate' and 'Enlightened' forces of Pakistan to unite and ensure that this bill is passed.
The bill was passed through a majority vote. In doing so, the parliament went against the constitution of Pakistan. And brought a useless law into place which didn't guarantee anything for the women.
Clauses Against Quraan and Sunnah.
I would like to present some of the clauses which are against the Quran and sunnah.
1. A person who has committed Zina Bil Jabr (rape) cannot be awarded the Islamic Punishment of 'Sangsaar' or 70 lashes even when the complainant has brought 4 witnesses with him/her.
2. Islamic law does not allow changing of Hadd Punishment, once awarded, even by the Prophet (peace be upon him). But now Hadd punishments can be over ruled by the Provincial Governments.
Some links are presented below, where one can go and find the details of the clauses which violate the Quraan and Sunnah.
Interview of Mufti Taqi Usmani Saheb on the topic of Women Protection Bill
http://www.darsequran.com/scholarsbayaan/taqi-interview.php
Interview of Mufti Taqi Usmani Saheb on the topic of Women Protection Bill
http://www.darsequran.com/scholarsbayaan/taqi-interview.php
Detailed Article of Mufti Taqi Usmani Saheb
http://www.darsequran.com/articles/urdu/muntakhab_htmls/hudood-taqi.php
Conclusion
It can be easily ascertained that since the 'Women Protection Law' does not cover some of the gross inadequacies which are being committed against women in the interiors of Punjab and Sindh, not by Mullahs and Ulema but by Land Lords who maintain their strangle-hold on Pakistan, therefore it has nothing to do with 'Women Protection' and has been presented for some other hedious reasons, amongst which can be, distribution of combined opposition, fight against Hudood Ordinance, bowing to the whimps of Europe and America.
The forces which are announcing their loyalties to 'Moderate', 'Enlightened' and 'Sub Say Pehlay Pakistan' camp are forces which are prepared to go against Quran and Sunnah. These camps have been created by President Musharraf and wants people to forget about religion or keep religion as a personal rather than a collective agenda.
These forces, by using Negative Propoganda and For Sale Media and Journalists, are leaving no stone unturned to malign Islamic Principles, Islamic Law and Islamic Scholars.
These are very hard times for all of us. Already news of people getting fired from Air Force, PIA and other government runned institutions because of having beards.
It is required for all of us to unite on Quraan and Sunnah. Make every effort to understand it from people who have knowledge of Quraan and Sunnah. And protect our Imaan, since these forces will do everything to take our Imaan and Jazba from us.
Meanwhile a committee of Non-Political Islamic Scholars have been formed by the name of 'Tahaffuz-e-Hudood Allah' committee.
May Allah protect us all from such a propoganda. Who knows what this has in store for us in the future.
