Friday, January 28, 2011

Is Pakistan's Law Islamic?

Below is some info give by my L.L.B friend, Mudassar Khan, that Pakistan law is Islamic. With my friend's permission I am pasting info. This discussion was started between me and one person in party. I request Mudassar to put some light on this issue. Below is discussion between me and Mudassar.

MY FRIENDS MSG START
let me clear u, there are two types of laws in Muslim World.
(1)Islamic laws and (2) Sharia.

Islamic laws are derived from Quran and Sunnah and they are implemented according to Sections of Penal Code, Criminal Procedure Code, Anti Terrorism Act, Anti Narcotics Act etc. These are not according to Sharia Laws. They are made and defined by the Parliament (National Assembly+Senate+President). These laws are implemented through Courts and Police Authorities.

But as far as Sharia Laws are concerned, they are mentioned in our Quran and Sunnah which are called Hadd. Punishments in Sharia Laws and Hadd are clearly defined in Quran and Sunnah, likie Rajam (Sangsaar), Cutting of Hand of theif, slapping of hunters etc. No change can be made in Hadd. Sharia Laws are implemented through Qazi and Qazi-ul-Qaza. Sharia is implemented in Saudi Arabia, Iran and Afghanistan in the time of Taliban Rule only.

In our Pakistan and other Islamic countries like Egypt, Sudan, Malashya, Iraq etc, Shariat is not implemented in its real form. We have made amendments in British laws according to our relegion and declared them Islamic Laws, like Pakistan Penal Code 1860, Code of Criminal Procedure 1898 etc.

Only one Ruler, General Zia-ul-Haq had tried to make Sharia Laws when he took over the country. i.e. 1) Qanoon-e-Shahadat Order 1984, (2) Prevention of Gambling Act, 1977, (3) Prevention of Smuggling Act, 1977, (4) Offence of Zina (Enforcement of Hudood) Ordinance 1979, (5) Offence of Qazf (Enforcement of Hadd) Ordinance 1979. He also established Federal Shariat Court, which is still functioning. All matters relating to Sharia is decided by the Federal Shariat Court.

So, one cannot say that there is non-islamic laws in Pakistan. Yes it is true that Sharia is not being implemented in its true form but it is written in our Constitution 1973 that No law can be made which is against the injunction of Islam. Our Coutry's name is Islamic Republic of Islam and Islam is its State Religion. Even if the Parliament tries to make a law which is unislamic, Supreme Court have the power to struck it down.

For example recently, some members of our National Assembly intend to make amendment in Toheen-e-Risalat Qanoon. perhaps You dont know, those members faced very strong resistance from the people of Pakistan and as a consequence thereof, Governor Punjab has been shot dead by his guard. Previously that Governor supported that amendment and his personal guard Mumtaz Qadri shot him 27 bullets in his chest. All Molvis of Pakistan and people of pakistan supported his act.

After the aforementioned discussion, i confidently say that there is no non-Islamic law prevailing in Pakistan. If there is any non-islamic law, ask ur friend to tell me. But first make him clear between Islamic Laws and Sharia/Hadd Laws, which i have cleared above.
MY FRIENDS MSG ENDED


No comments:

Post a Comment