Honour killings: weak bill is evidence of weak will

Yes, because for a host of reasons, not least pressure mounted by human rights activists as well as by the international community, the government has been forced to take note of this issue. No, because this is a piecemeal bill and is trying to correct a situation without going to the roots of the problem.

Mercifully, since the case in June 2002 of Mukhtar Mai — the woman gang-raped on the orders of a punchayat in Meerwala in southern Punjab — the level of reporting on cases involving killings and sexual abuse of women has increased even as there has not been any conspicuous decrease in the frequency of heinous crimes against women. Mukhtar Mai’s case got a great deal of adverse international attention. And, in conjunction with a new interest in the West to fight conservative practices in this part of the world, there has been pressure on the government to bring forth progressive legislation.

This is all for the good but events tell us that there is an element of window-dressing in much of this. For instance, it is a moot point why the government has cold-storaged both the Hudood Ordinance bill and the bill on honour killings (karo kari) presented by Pakistan People’s Party. The latter was painstakingly drafted in consultation with the Human Rights Commission of Pakistan and Aurat Foundation but has been pushed to the sidelines by the government. The PPP bill, a party bill since it was steered through the Central Executive Committee of the PPP, was sent to the Standing Committee and has been sitting there for the past six months. Meanwhile, the government has drafted its own bill and presented it before the house without reference to that comprehensive bill.

We emphasise the PPP bills because the draft does not merely seek to address karo kari but also the basic problem with criminal cases caused by General Zia ul Haq. Under Anglo-Saxon law a reparable wrong does not involve the State. In case of bodily harm or a crime that is deemed to be committed against the entire society, the State becomes a party. This is why criminal cases are identified as State vs XYZ. This distinction is important because the basic theme underlying the covenant is the State’s undertaking to protect the life and honour of its citizens. General Zia sought to distort this basic postulate through laws in Qisas and Diyat Ordinance. The basic legal problem about settling criminal cases through blood money or getting a family member to pardon a killer emanates from those laws. It makes no sense to try and suspend the operation of Qisas and Diyat laws for the purposes just of honour killing while allowing the concept to stay on the book for other crimes against the body.

Two things are likely to happen if this bill is pushed through the house as it stands. One, it will most likely be successfully challenged in a court of law as being repugnant to the Quran and Sunnah. It may be noted that many years ago the Shariat Appelate Bench of the Supreme Court presided over by Justices Zullah and Nasim Hassan Shah, who were trying to be more loyal than the King, held that even if the Qisas and Diyat laws had not been promulgated, their content and purpose could not be challenged because they formed part and parcel of Islamic common law. In other words, this particular bill which attempts to bypass the Qisas and Diyat laws, is likely to flounder on the rock at first challenge on the basis of that judgment by any among a coterie of smart lawyers available to the right wing Islamist forces. Two, people will start killing for honour not in the name of honour but in a way that they can still get off through the operation of Qisas and Diyat. There are too many lacunae in the bill to stand up before shariat law. It is inconceivable that the government and its law ministry don’t know this. So why has the bill been floated?

Writing on this issue earlier we had argued that the government needed to debate the issue thoroughly and bring a bill that seeks to target not just honour killing but also the laws of Qisas and Diyat. We would also suggest that the government place this issue before an enlightened Council of Islamic Ideology and get a progressive interpretation on the issue of Qisas and Diyat so that it can cover its flanks before legislating the whole hog.

As it is, there is no dearth among government members of those who are not convinced of the requirement for such progressive legislation. We have witnessed some of the debates on TV talk shows and it is clear that a number of members think that killing women is okay since we are a tribal society. Clearly, there is also need to educate members who still cherish anachronistic ideas. We shouldn’t just fight the menace of crimes against women. We should put up the fight properly instead of giving a few sops to the international community to score brownie points for a moderation that is confined to mere rhetoric. * (Source: Daily Times, Pakistan)

Related Article: [Those who do not believe in Shariyat Law are not the true followers of Prophet Muhammad]

Heed Us, Or Perish
The AIMPLB is the true protector of the Shariat

KHALID RASHEED

It’s high time that those Muslims who call themselves ‘progressive’ and who continue to criticise the working and philosophy of the All India Muslim Personal Law Board (AIMPLB) go in for self-introspection. They should enquire whether their profession, beliefs and aims in life are in accordance with Islam. A Muslim who believes the Shariat is incompatible with today’s progressive world cannot be considered a true follower of the Prophet. To have complete faith in the Shariat is the basic requirement of Islam. By taking a strong and firm stand from time to time, the aimplb has proved itself to be the true protector of the Islamic Shariat.

For those who feel humiliated by the board, they would do well to remember that we take all decisions in compliance with the Quran, the Hadith (holy book containing sayings of Prophet Mohammed) and other Islamic laws. No one who calls himself a Muslim can go against the directives of the Almighty and no one can say that the board has ever gone against the commands of Allah. There are many misconceptions about the role of the AIMPLB. Its main aim is to protect the Shariat in India. We keep a vigil and ensure that whatever regulations and rules the government makes for Muslims is in accordance with Islamic laws. We also guide Indian Muslims according to the Quran and Hadith.

Our other objective is to unite the entire Muslim community. The board continuously makes efforts at bringing together the Sunnis, Shias, Deobandis, Barelvis and Agakhanis, among others. The main ulema from these different sects have been brought under this singular banner since the ’70s. This is the organisation in which all the Indian Muslims have unflinching faith. All decisions are taken only after reaching a consensus.

The board is aware of criticism from various quarters but its members stand by all the decisions taken so far. In the Shah Bano case, the judgements given by the high court were against Islamic law, as a result of which the sentiments of crores of Muslims were badly hurt. The board had only taken the initiative to persuade the Indian government at that time to pass a law in Parliament against the decision taken by the court.

As for those who believe that the Babri Masjid issue is beyond the board’s jurisdiction, I can only say that they remember that mosques and maulanas constitute a potent part of Islam. And anything which is a part of Islam automatically comes under the jurisdiction of the board. Ever since the board has taken up the Babri Masjid issue, confusion has lessened and no board member has ever given any provocative speeches on this religious issue. Regarding the recent furore over the issue of family planning, the board has made it clear that family planning is not permitted in Islam. The Shariat has been interpreted by the most well-read and authentic imams and ulema and we cannot go against their conclusions.
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(The author is AIMPLB member and deputy imam, Idgah, Lucknow. source: Outlook India)