@jsmawais
Very well done Dear fellow,its really a superb piece of sharing for uncovering realities about WPB.Thanx for sharing with us.I already described that its totally a flaw of WPB to divide the domain of Zina under lights of Islamic shariah.Furthermore one thing that is an issue is that The laws from 1979 require that for a woman to make an allegation of rape she must produce four male witnesses. If she is unable to put forth the witnesses she herself is liable for adultery (and can be imprisoned according to last Hadood Ordinance).This imprisonment is nothing to do with Islam so WPB favor this point by eradicating imprisonment in such scenario.Here i quote real example of a blind girl, Safia Bibi, who had been raped was convicted on charges of adultery because she could not identify her attacker.Totally insane.But overall the article u relate is very factual and on ground based realities.

@Khyber
Well dear forum member,i don't think so that WPB is another form of Legalized Prostitution. Actually lewdness has to be eradicated not should be publicized.We have many examples of police terrorism on women for wrong lewdness claims.Anyone can blame a women just for sake of his personal interest,like property issue,self reliance issue and many more.Specially in rural backward areas where police is controlled by feudals many a women suffering wrong blames and and are under custody according to previous described Laws:-|...

Bunch of thanks to both of you for your precious comments.

@Najabat
Brother! I found a few misconceptions in your mind about old hudood ordinance. If I find time, I will answer them personally. For now, I can only say that please take a few minutes and just read the first few pages of another article which I wrote: Lies & Distortions by Geo TV about Hudood Ordinance. You just read the first few points; I'm sure you will surprised alot. (Keep in mind that the article was written prior to the passing of the new bill.)

@Khyber
I still don't know you! Please tell your name & reveal your identity. It has been so long now!

Best regards,
Abdul Rehman.

ASA

If any one is interested in reading former Hudood Laws, may visit the link

http://pakistani.org/pakistan/legisl...ord7_1979.html

__________________
SIGNATURE LOADING.....

Wa alaikum as salam!

Thanks for the link. I have read it before. There are a few more versions of the text of the old ordinance, which I found to differ slightly in few cases, a bit too much in other cases. The most accurate text of the ordinance which I found, I have uploaded it on my website: Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) and Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)

For the later part of your quote, I would suggest reading my up-coming FAQ on the WPB.
For the earlier (bolded out) part, I would like to tell you something really hot pal. In an earlier thread on the Hudood Ordinance, on page 5, in post #47, I wrote the following:-

Please read the text of the original Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) It has 22 sections. If anyone can prove from the text of the Ordinance that a rapist can't be punished without four witnesses or that allegation of rape is considered confession under the Ordinance, then [color=blue]I Shall reward him up to hundred thousand rupees.

!

Both of you will get the true & real answers to your question very soon (Insha Allah). I decided to bake up a small FAQ about the WPB and post it here ASAP. My DSL account will expire soon, so, I may not be available for a few days.

Best regards,
Abdul Rehman.

Main sirf itna kahoon ga key yea Hudood Law na Islami hai or na Awami....ess sey kesi Auraat ko koi Faeyda hasil nahi hooga... Sochney ki baat yea hai key unn Aurootoon key liye koi Bill kabh manzoor hoo ga jo apney Bachoon ko bhookha sula deti hain....

__________________
Do Not Hunt,If You Can`t Kill..

I totally agree with MR KHAYAL that WPB is totally a non issue.in semi fuedal and semi capitalists societies like Pakistan women is considered as a private property of man.until we do not get rid of fuedalism,chudhrism and waderaism women could not be emancipated.In Pakistan , laws are made to protect upper classes.what about the other basic rights of the citizens of pakistan has Pakistani state solved any of the problems of its masses??my dear friends these laws do not apply on poor women of this state so it is useless to discuss on WPB.if the rulers are fighting for this non issue let them fight becauce the want to achieve thier own ends.duty of ours the masses and opreesed class is to fight against injustice and ruling class.

Before presenting my FAQ on the WPB, I would like to say something to my 2 new friends.

@KhayaL & @trotsky59
You & others would have been justified if I had started discussing this issue myself. This is not so; the debate was heated by the Jang group. They propagated lies at such a huge scale that I could hear these lies from every second person of the state. In this atmosphere, I could not find even a few dozen people who worked to remove these misconceptions. In such an environment, I decided to stand up & clarify to the people & to take them out of deception. The status of the public at this time is so bad that the president of the state, even lied during his address to the whole nation!!!!!
And my dear, you two are also infected by the same disease.
So, I will keep on clarifying these misconceptions and I don't care whether I succeed in changing other people's views or not. I just try to do my duty.

FAQ ABOUT THE WPB
COME AND KNOW WHAT THE WOMEN PROTECTION BILL IS ALL ABOUT !!!
A FAQ IN THE FORM OF A DIALOGUE WITH A COMMON PERSON...

Person: The WPB has been finally passed! Women have finally been provided relief!
Abdul Rehman: The Criminal Law Amendment (Protection of Women) Act, 2006 has been passed by the NA & Senate. What relief has been brought to women?

Person: The WPB has finally provided relief to women. Previously, women had to produce four witnesses for proving rape or the rapist will be left scot-free.
Abdul Rehman: This is not true pal! You have been fooled. The President of the state had also reiterated the same lie during his address. There were two types of punishments in the old ordinance:
(i) Hadd: A punishment fixed by the Quran and Sunnah. This is awarded only in the most stringent circumstances, when certain conditions are fulfilled, as a deterrent.
(ii) Tazir: A punishment awarded when the conditions required for hadd are not fulfilled, but, the crime stands proved beyond doubt on the basis of any form of evidence.
If you don't believe me, look at Section 10 of the old Offence of Zina (Enforcement of Hudood) Ordinance, 1979 yourself:-
Section 10(1) states that when proof in either of the forms mentioned in Section 8 (i.e. neither voluntary confession nor four Shar'ai witnesses) are available, but, the crime stands proved beyond doubt from any other source like MLR, etc. then the punishment of tazir can be awarded.
If you still don't believe it, take a look at the following judgments of the Federal Shariat Court:-

Gulsher etc. vs. The State (2004 SD 159)
MR. JUSTICE S.A. MANAN
Sole testimony of victim of zina would be sufficient to prove zina case against accused when defence was not able to shatter the veracity of victim’s statement.
[Annual Report of the FSC, 2003, p.24]
(It should be noted that no witnesses were available in the above case.)

Muhammad Zafar Naeem vs. The State (2004 SD 352)
MR. JUSTICE ZAFAR PASHA CHAUDHARY
Statement of victim of zina-bil-jabr who is a young girl of 11/12 years which is confidence inspiring would be sufficient for recording conviction/sentence under S.10 (3). Omission to produce shalwar, qameez and dopatta of victim of zina-bil-jabr would not be fatal to prosecution case under S.10 (3), which cannot be thrown away for such omission by prosecution.
[Annual Report of the FSC, 2003, p.24]
(It should be noted that no witnesses were available in the above case.)

Shabbir alias Kakku & other vs. The State (SBLR 2004 FSC 35)
MR. JUSTICE SAEED-UR-REHMAN FARRUKH
It is well-settled that conviction can be based, in rape case, on the solitary statement of the victim if the same is found truthful and confidence inspiring.
[Annual Report of the FSC, 2003, p.24]
(It should be noted that no witnesses were available in the above case.)

Muhammad Ashraf vs. The State (NLR 1997 SLD 1)
MR. JUSTICE KHALIL-UR-REHMAN
Zina-bil-jabr by father with his daughter:-
Conviction of father for committing zina-bil-jabr with his teen-aged daughter; defence plea that he was substituted for real culprit, could not be accepted in circumstances of case. Conviction of the appellant u/s 10(3) of the Offence of Zina (E.O.H.) Ordinance and sentence of 25 years R.I. (rigorous imprisonment) awarded was proper to meet the ends of justice.
[Annual Report of the FSC, 2002, p.57]
(It should be noted that no witnesses were available in the above case.)

(For a more detailed discussion, see my article Lies & Distortions by Geo TV about Hudood Ordinance.)

Person: I have heard of tazir, but, I have got a bit confused. Actually, tazir has just gone behind the curtains, due to the repetition of the above lie, over and over again, in the media.
Abdul Rehman: Yes, you are absolutely right.

Person: But, under hudood ordinance, no difference has been made between zina and zina-bil-jabr.
Abdul Rehman: This is again wrong. There are many differences between zina and zina-bil-jabr in the original ordinance. Here is a summary of the differences:-
(1) Definition
Zina: Intercourse with will as well as consent & without any deceitful belief, etc.
Zina-bil-Jabr: Intercourse without will or consent or by inducing deceitful belief, etc.

(2) Criminal Responsibility
Zina: Definition reads: “A man and woman are...” which shows that both are criminals.
Zina-bil-Jabr: Definition reads: “A person is...” which shows that only the rapist is a criminal.

(3) Tazir
Zina: 7 years imprisonment & 30 stripes
Zina-bil-Jabr: For gang rape, death penalty; for ordinary rape, 25 years imprisonment & 30 stripes; for kidnapping, life imprisonment, etc.

(4) Hadd for non-Muhsan criminals
Zina: Whipping numbering hundred stripes
Zina-bil-Jabr: Whipping numbering 100 stripes alongwith any punishment including death penalty

The only thing common between the two is the punishment of Rajm for Muhsan criminals and the proof required for proving the crime, and these things are common between the two, only because God himself has decided so! (Not the ordinance!)

(For a more detailed discussion, see my article Lies & Distortions by Geo TV about Hudood Ordinance.)

Person: Oh... I see... But again, under hudood ordinance, a woman who accusses rapist, will get subjected to qazf if she can't bring four witnesses.
Abdul Rehman: No, my friend. You have been fooled again. The word "qazf" is defined in Section 3 of the Offence of Qazf (Enforcement of Hudood) Ordinance, 1979. In the whole section, the word "zina" has been used, not zina-bil-jabr. The only case where qazf will be awarded for zina-bil-jabr is when the accusation is proved to be false.
When a complaint of rape is filed, it will either be proved to be true or it will be proved to be false. Sometimes, either the complaint is neither proved true nor false. This is due to lack or loss of evidence. In this case, the woman is not punished for complaining zina-bil-jabr. She is only punished if the court found out that the accusation was a white lie e.g. intercourse did not occur at all.

Person: But, previously, if women reported rape, it was taken as a confession of adultery. Without four witnesses, rape case would be converted to adultery. This has been reformed in the WPB.
Abdul Rehman: This is totally incorrect. Under hudood ordinance, allegation was not taken as confession. Take a look at Section 8 of the old ordinance for yourself:
Furthermore, take a look at Section 9(1), which states the following:
This is sufficient for a sane guy to understand that the hudood ordinance in unequivocal terms, excludes allegation from confession. In fact, there is nothing more meaningless & illogical than to consider allegation or pregnancy as rape. How can someone 'retract confession' if the confession is an allegation or pregnancy???
Furthermore, the following judgments prove that allegation or pregnancy was never taken to mean "confession."

Mst. Safia Bibi vs. The State (PLD 1985 FSC 120)
MR. JUSTICE SH. AFTAB HUSSAIN
Status of self-exculpatory statement in zina-bil-jabr:-
Zina was committed with a blind girl and she was convicted by trial court. She gave birth to an illegitimate child. The Court held that: “In the present case, it is clear that except the self-exculpatory statement of the girl and the statement of her father, who also maintained that she had been subjected to zina-bil-jabr, there is no other evidence. In Shariah, if a girl makes a statement as made in the present case, she cannot be convicted of Zina.”
[Annual Report of the FSC, 2002, p.49]

Mst. Bakhan vs. The State (PLD 1986 FSC 274)
MR. JUSTICE GUL MUHAMMAD KHAN
1. Principle for recording of confession in cases of offence of zina.
2. Four times confession is necessary for a proof of offence of zina.
3. A plea of guilty is not a confession. Ultimate aim of Islamic law is correction and reformation & heavy punishment is provided only for incorrigible cases. Appeal accepted.
[Annual Report of the FSC, 2002, p.49]

Person: Okay... But, what about cases like Zafran Bibi case where court convicted her for adultery, only because she did not had witnesses to support rape? The WPB has added a clear-cut provision explaining that confession does not mean allegation, but, an actual confession.
Abdul Rehman: I had quoted the text of a judgment, just a minute ago i.e. Safia Bibi vs. The State (PLD 1985 FSC 120). In this judgment, it was cleared up by the FSC that even if no evidence is available for rape than the self-exculpatory statement of the victim, then she cannot be convicted of adultery. This judgment was of 1985.
The Zafran Bibi case was of 2002, where she was convicted by trial court, but even then, the FSC had reversed the judgment & acquitted her.

Mst. Zafran Bibi vs. The State (PLD 2002 FSC 1)
MR. JUSTICE DR. FIDA MUHAMMAD KHAN
Pregnancy and subsequent birth of a child by the accused lady whose husband had been convicted about nine years before in a murder case, and confined in jail; imprisoned husband had submitted an affidavit and made statement on oath, before this Court (FSC) wherein inter alia, he owned legitimacy of the child born during trial. Such being a highly pertinent aspect of the whole case it was certainly noticeable that who else could better testify and be a better judge of the pregnancy/legitimacy of a child of a married lady than that of her husband. Accused lady also confirmed on oath the legitimacy of the child. Hadd sentence on such score awarded to the accused was not maintainable and was set aside.
[Annual Report of the FSC, 2002, pp.61-62]

As you might have guessed already, the conviction of Zafran Bibi was against the law. In that case, the police, judge and even her defence lawyer were corrupted!!! Furthermore, during the case, the Additional Sessions judge was changed. By whom and why are two things, you should think about. Also, the government took no action against anyone; neither the judge nor the police. Why was it so?

(For a more detailed discussion, see my article Lies & Distortions by Geo TV about Hudood Ordinance.)

As for your saying that the WPB has added a new provision, explaining the word "confession", then I would like to say that we don't need to write in the Ordinance that 2 + 2 = 4. That was just an odd excuse for enforcing other un-Islamic provisions of the bill.
I would like to challenge you as well as any person on earth, to bring forth any English dictionary which includes allegation or pregnancy in the meaning of the term 'confession', if ye are truthful!

Person: Hmm... you are damn right. Confession is not an ambiguous word.
Abdul Rehman: Yup, a confession is a confession and nothing else. Had there been any explicit provision in the hudood ordinance, then it might make any sense to add a new definition of confession. Presently, this will have no impact at all.

Person: But, still I think that the WPB has provided relief to women by amending the law pertaining to zina. Women will not languish in jails for years, due to this WPB. According to previous laws, they would have remain in jail for years. You will surely agree with me...
Abdul Rehman: No! The WPB has got nothing to do with women in jail. Gen. Musharraf had promulgated the Law Reforms Ordinance, 2006 earlier this year which added Section 156-B to the CrPC. According to this section, no person can be arrested for 'zina' unless non-bailable arrest warrants are issued by an authorized court of competent jurisdiction. Furthermore, zina cases will not be investigated by a police officer lower in rank than a SP.
This means that the women which were languishing in jail before the WPB were those whose non-bailable arrest warrants were issued by the court. Now, in this bill, zina has been declared a non-cognizable offence, for which no person can ever be arrested.
Due to this WPB, the women which will come out of jail will be those women whose non-bailable arrest warrants were issued. Probably, 99.99% of them will consist of guilty women, not innocent ones!

Person: Uhh... what?! I don't believe this! But, you will still have to agree that the hudood ordinance had tormented women for atleast 26 years.
Abdul Rehman: Again, you have made a mistake pal. Here, have a look at the original ordinance: Offence of Zina (Enforcement of Hudood) Ordinance, 1979
It consists of 22 sections only and it deals with judiciary & courts. It only gives judges the authority to punish the wrong-doers. It does not deal with police & arresting people before trial. It is the Code of Criminal Procedure (Act V of 1898) which dealt with arrest, etc. In fact, it was due to the hudood ordinance that after lying in jail for several years, these women were acquitted by the court. The Hudood Ordinance had relieved women from the torments of the police for 26 years!!!

(For a more detailed discussion, see my article Lies & Distortions by Geo TV about Hudood Ordinance.)

Person: Man! I don't believe how much misconceptions I had in my mind about the hudood laws.
Abdul Rehman: Yes, the media is responsible for staining the name of hudood ordinance with black spots. If you find time, read my article: Lies & Distortions by Geo TV about Hudood Ordinance. It pin-points the lies spread by various news agencies, Geo TV, Jang group, etc.

Person: I don't get it that if the hudood laws don't torment women, why the NA has passed this WPB? Why is everyone cheering as if women have been saved from hell or something of the like?
Abdul Rehman: Because, the NA consists of majority of members who don't understand the laws. They are just like you, relying on media sources blindly and knowing nothing about the law. I give you one simple example to illustrate this fact.
Section 8 of the old Qazf Ordinance states:-
I highlighted the word 'him' in the above section. Justice (R) Shaiq Usmani, who was a member of the special committee of the NCSW & also associated with Aurat foundation, commented on the above section:-
Similarly, the Christian Post (Pakistan) states:
(Probably) Relying on the above sources, Ms. Kashmala Tariq, an MNA, proposed in her recommendations:
To clarify this misconception, let me first quote Section 2(b) of the Qazf Ordinance:-
With this prologue in mind, let me quote Section 8 of the PPC:-
So, you can simply deduce from this fact, the amount of honesty & literacy in our lawyers, as well as, MNAs and all.

Person: Thank God! that you met me & clarified these misconceptions. Otherwise, these idiots would have strayed us as well.
Abdul Rehman: Don't rely on the media. Research yourself! But, let me ask one simple question: do you still think that the WPB has provided any relief or protection to women?

Person: After all the above discussion, I don't find anything. But, wait! I am reminded of something...
Abdul Rehman: Of what?

Person: Previously, women would go to police stations and lodge FIR of rape there. Many a times it happened that the police officials will either not lodge FIR or rape the women themselves! This was a big defect.
Abdul Rehman: The hudood laws don't tell police officers to rape women. As I told you before, the hudood ordinance isn't associated with this issue and on top of all, even the CrPC doesn't tell police to do such things. It is a defect & corruption in our police system and not criminal laws.

Person: Okay... but, you have to agree that the WPB has provided relief to women here.
Abdul Rehman: No, my friend. Where did you come to know this?

Person: What do you mean?!
Abdul Rehman: I mean that women still have to go to the same police to lodge FIRs of rape. Nothing has changed here. And police will still refuse to lodge FIRs, as well as rape women regularly!

Person: So, for what is everyone cheering about then? Are they gone mad?
Abdul Rehman: No, they aren't mad. I will tell you some other time as to why are they cheering so much.

(END OF PART ONE.......)

(START OF PART TWO.....)

Person: Nice to meet you again. I had read an article about the WPB. Though, many things in the article were those which you have already clarified, I found a few new things where I think protection has been given to women.
Abdul Rehman: What now?

Person: According to new laws, a case adultery may be converted to a case of rape, but not vice versa.
Abdul Rehman: I told you before that women will not suffer, because, a case of rape cannot be converted to a case of adultery, if rape is not proved or there is some doubt. I quote her an American (non-Muslim) researcher, Charles Kennedy, on this issue:
Person: But, now it is bound by law that a case of rape cannot be converted to adultery in any circumstance whatsoever. Isn't this protection to women?
Abdul Rehman: No, my friend! This is not a protection! [b]According to previous laws, if it was proved beyond doubt that an allegation of rape is false & that consensual intercourse had taken place, then the court could convict both persons under 10(2). I quote one such case here.

Muhammad Asghar vs. The State (2004 P.Cr.L.J. 201)
MR. JUSTICE ZAFAR PASHA CHAUDHARY
Statement of the victim regarding her having been subjected to sexual intercourse was supported by medical report. Vaginal swabs of the victim were found stained with semen. Victim girl did not appear before the Investigating Officer for more than six days and no marks of violence were found on any part of her body. No weapon was recovered from the accused. Cumulative effect of the said facts and circumstances could lead to the only inference that the victim was a consenting party to the commission of zina and she having attained puberty was adult within the meaning of S.2 (a) of the said Ordinance. During course of investigation, a number of Investigating Officers found the victim to be a consenting party. Conviction of accused under S.10 (3) of the said Ordinance was consequently altered to S.10 (2) and his sentence was reduced to the imprisonment already undergone by him in circumstances which was more than two years.
[Annual Report of the FSC, 2003, p.21]

This conversion was done due to solid evidence. Now, such a thing is impossible.

Person: But, this is protection to women, right?
Abdul Rehman: Wrong. When it is proved beyond doubt that zina had taken place, not zina-bil-jabr, then it is against the canons of morality, justice & law to leave the woman scot-free. In fact, punishing her in this case, will meet the ends of justice. The Qur'an says:-

"Let not compassion withhold you in their (Zaniya & Zani's) case..." [Surah an-Noor 24:2]

Furthermore, there is a big wisdom behind allowing this conversion, on the basis of solid evidence. I would like to quote here an authority in Forensic Pathology—Bernard Knight—Professor of Forensic Pathology at the University of Wales, to prove my point:-
Person: Hmm... I see...
Abdul Rehman: In fact, putting a bar on the conversion of rape cases to adultery cases, is like giving a free path to adulterous women. After committing the sinful act, they would rush to the police station to get a complaint of rape lodged. Once lodged, they are now protected by law that the case cannot be converted & they can never be convicted under 10(2).

Person: You are right... that is indeed a wide lacuna...
Abdul Rehman: If you do a research and get the statistics on the number of rape cases which converted to adultery cases, in the 27 year history of the old ordinance, you will find that the number is less than 1%. So, there was no need for such a protection.
Furthermore, this will also give protection to adulterous men. Consider that two persons have intercourse consensually and later, the woman files an FIR of rape to save her reputation. During the trial, the court finds that no element of coercion was involved. Now, in this case, not only will the woman be left free, but, the male will also enjoy freedom!!! If someone says that women will be left on doubt, then what about men? Why are the guilty men being given this protection?

Person: Okay... there is another thing which I read in the article about the WPB. Previously, women had to lodge a separate complaint for qazf. Now, the court will automatically convict the false accuser without the need of a separate complaint.
Abdul Rehman: This is based on less knowledge of the Qazf Ordinance. I suggest you read this legal document side-by-side with my FAQ explaining the above query.
If you look closely, a right has been snatched away from people. Previously, the one who was falsely accused, had the right to file a complaint of Qazf if he/she wanted or forgive the accuser. Now, he/she does not have this right. This right is given by the Shari'ah and consequently, such a provision is against the Shari'ah.

Person: Come on! This is a sincere effort to protect women, because, previously cases became too much prolonged.
Abdul Rehman: Read my FAQ first. As for your connotation that "this is a sincere effort", then let me unveil that this is not.

Person: Why? Please explain.
Abdul Rehman: In the PPC, there is a Section 499, which deals with defamation. Qazf only deals with false accusations of zina. For false accusations of other crimes, cases are filed under PPC, 499. Here no one objects that separate case has to be filed or that cases will be prolonged.
Furthermore, the ones who are asking for this provision are not sincere; they aren't even concerned with the protection of women, which is proved from Section 19 of the WPB. According to previous hudood ordinance, the court could try & convict the accused for any other offence, if it appeared in evidence that he/she had committed that offence. Section 19 of the WPB has removed this provision.
This means that now, if a woman files a complaint of gang rape, but, can't prove it, though individual rape is proved, then the court will not convict the accused. Rather, the woman would have to file a separate case again. Furthermore, if she failed to prove individual rape, but, it was proved from evidence that the accused had abducted her, then too a new case would have to be filed. The court will still leave the accused. This was not the case with old laws.
Thus it is proved that they are not concerned with women protection at all, otherwise, they would have not devised double-standards. In fact, they have decreased protection of women in this case! And yeah, I will like to re-iterate here, the words of Hamid Mir.
"Aik aurat ki izzat kharab kar di gaey hai aur uss kay pas paisey bhi nahin hain aur shawahid mojud bhi hain aur uss kay 2 chottey bachey hain aur shuhar bhi nahin hai aur bheek mang kar aik case file kar liya tha, tu abh woh auraat kahan jaey gi??? Ussay kon insaaf day ga???" (Go and ask Hamid Mir [& others] himself!)
The reason these people are dying in case of qazf, is because they want to maximize the factors which would discourage people from lodging complaint of zina, and thus increase immorality & immodesty.

Person: Hmm... I don't believe it. They are decreasing protection of women! I never heard or read about that section of the bill!
Abdul Rehman: There are many things which people don't come to know, only because the media deceives them & they keep on living in fool's paradise.

Person: I have two more doubts.
Abdul Rehman: Yes, tell me please, so that I can clarify them.

Person: The WPB has eliminated the hadd for zina-bil-jabr and increased the tazir for ordinary rape, to 25 years imprisonment (of either description) or death penalty, and also fine.
Abdul Rehman: By eliminating the hadd, they have converted a Islamic law into an un-Islamic one. The first person to deny Rajm & the hadd for zina-bil-jabr was Ameen Ahsan Islahi of twentieth century. Before him, no prominent scholar had ever stated the opposite. The hadd for zina-bil-jabr is proved from many ahadith like the one in Tirmidhi Sharif, Sunan Abu Daw'ud and others.
Furthermore, I told you before that hadd is there as a deterrent. Tazir can always be awarded, so, no relief is brought to women by putting Rape & other tazirat in the PPC. In fact, while doing so, they have lessened the punishment for various crimes!

Person: They haven't lessened the punishment for zina-bil-jabr atleast!
Abdul Rehman: Ha ha ha... that's an odd excuse. They lessened the punishment of gang rape from death to death or life imprisonment. The rationale described in the Statement of Object and Reasons is that in majority of cases of gang rape, the judges don't want to punish the rapist with death penalty. The question is that if in majority of cases, judges don't want to award death penalty to gang rapists, will they ever award it to individual rapists?

Person: Huh... what do you mean?
Abdul Rehman: In 99.99% of the cases, this punishment will not be given by judges. So, it was just an odd excuse for justifying other provisions which are directed at increasing immodesty in the society. In fact, if they wanted, they could have changed the punishment in 10(3) itself to get the same effect. They didn't do that!

Person: Hmm...
Abdul Rehman: And your second doubt...?

Person: Protection has been given to young girls in that intercourse with girls below 16 years of age, will always be considered rape.
Abdul Rehman: This is not in conformance with the Shari'ah. The Shari'ah has not set a particular age in this matter, rather, puberty is considered the standard. This is proved from Sunnah, for example, a tradition found in Musnad ibn abi Shaibah.
A person who is pubert and commits zina-bil-raza, deserves to be punished. In fact, if the evidence requirements for hadd are met, then the execution of hadd (as Haqqullah) is inevitable. No one has the right to remit this punishment.
As for tazir, then it may be reduced, keeping in view the puberty & age of the individual. Making a sensible law in this perspective, which conforms to the Shari'ah, may be useful.
Generally speaking, such cases are heard by judges, which surely aren't idiots. In many cases, they reduced or even dropped the tazir punishment, due to the young age of the offender, as in Muhammad Ashraf vs. The State (PLD 1987 FSC 33).
Most importantly, how many young people have suffered in the 27 year history of this law? Not even a few young people.

Person: Ok... I don't find much in the WPB after knowing all these things. In fact, there doesn't seem to be anything at all.
Abdul Rehman: It contains many things which would decrease women protection & increase protection of obscenity and immorality. We shall (Insha Allah) discuss them some other time.

Person: Yes, enough for now. See you later. Bye!
Abdul Rehman: Bye!

(TO BE CONTINUED...)


Best regards,
Abdul Rehman.
<<<Contact me>>>

Assalam Alaikum,

Just felt like jumping in to say: JazakAllah Khairan Katheer bro Abdul Rehman for the nice work.

I'm sure you wouldn't mind it if I paste it on MPUK forums that I run with a friend based in UK and other forums that I visit.


Thanks,
-me

__________________
The Knight doesn't wait when he's ill, or has cancer brother. The knight fights on. He finds a strategy, changes tactics and "hits hard".

Wa alaikum as salam!
Thanks a lot for your precious comments.
Spread the truth everywhere. Take my articles, posts, everything else and spread it in whatever way you want. I don't mind; rather, I am pleased a lot. Paste your own name instead of mine, or print for profit, or do whatever else, but, just spread the truth--that's what I care about.

Thanks again!

Yours truly,
Abdul Rehman.

Dear All,

We experienced EQ 2005, its over one year of catastrophic event.

What Earthquake Rehabilitation and Reconstruction Authority (ERRA) did till now. A new winter is here, people are still withough shelters/homes.

NGOs and GOs are stressing on un-necessary issues those are not the real problems. Agencies are stressing on GENDER issues and Protection.

Second question is about the basic human rights. Right to life is in the HUMANITARIAN CHARTER and withought that how they will be able to secure other rights????

Alot of other issues and questions about ERRA and NGOs.

Who is making really sincere efforts? what will be the outcome of these efforts?? Whether people will be able to have sustainable livelihoods for them?? what will happen to our next generation in EQ affected areas??

AA


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AoA,

Rehman brother,

great work, really interesting. I agree with you about concealment of draft of WPB, because I search for hours and hardly find it on internet.

Actually get to this website (CSS Forum) in search of WPB. Its really nice to have good analysis here.

If you had full version, please send it to me.

One question about WPB and political situation of Pakistan i.e what MMA is doing and is there anything that MMA or any other political party can do now or in future to amend the bill?

AA