Friday, November 21, 2003

Beenish Moeed's Special on Hudood Laws

Beenish happens to be my best friend. Hey Beens!!! She's becoming a lawyer. Yes sir! She's gonna fight for our rights one of these days. Here's a really great article she wrote. She sent it to all of us and thought I'd put it on my blog because it's really informative. Haven't edited it in anyway so here it is in its entirity.

1. Misconceptions:

There has been a misconception and confusion regarding rape and its relation to another sexual crime, adultery. The confusion connecting rape and adultery should not exist as both are two different crimes and their circumstances and punishments cannot be the same. They are not looked at them as the same nor given an equal treatment in Submission (Islam). The need for four witnesses in case of adultery when no other evidence exists does not apply in cases of rape where modern science allows the use of advanced techniques to identify the rapist with the highest accuracy. The victims of rape, if they notify the authority immediately, will have enough proofs to convict most, if not all the accused rapists, as the physical facts including semen, saliva, blood, hair, fibers, skin scraps, bite marks...etc. are so many and easy to identify to convict the rapist. There is no truth to the claimed rumor that the rape victim has to present four witnesses to prove the rape when there are so many other physical proofs. This requirement is needed only if a person who has no other proof accused an un-expected person of such a crime. In our modern society, no one will be convicted with any proof or any person can accuse any person at any time with no proof and gets away with it. Islam is justice, for both the victim and the accused. The least of the proofs is eyewitness, and God sees to it that the four witnesses (who do not have to be men), will be a better guarantee against a deliberate plot to scheme an innocent person. The wrong application and/or understanding of the Quranic law related to rape in Submission (Islam) is but a reflection of the desertion of these so called "Islamic" countries" to the law of the Quran in favor for their man made laws, or corrupted religious laws originated from sources other than the Quran. Anti Islamic campaigners try to take advantage of these wrong application of the law and to slander Submission (Islam) in the eyes of the ignorant public who do not educate themselves about the true nature of Islam.

As clearly its written in 24:15, “ You fabricated with your own tongues and the rest of you repeated it with your mouths without a proof. You thought it was simple, when it was according to God, gross”. In this ayah…

A} ‘Rest of you repeated’…meaning a person who accuses someone for the penalty of hadd ( 100 lashes ,if not married , if married stoning to death in public place) he can easily bring 3 witnesses along with him , who may lie ! .

B} ‘without a proof’ …certainly not talking about witnesses but some other proof , might be medical examination ( DNA test in relation to male/female whether it was concent or rape) .These days you can even tell from hairs ,blood,clothes and can pinpoint the real rapist .Theres no need of witnesses anyway.Because if you examine Medical test of someone , the result will be the same by all doctors , all over the world .

C} ‘simple’ …God clearly says ..if accusations were that easy , everyone could have then accused and brought 4 witnesses ,who may lie, / certainly this is not very simple !

For those who still believe more ayaat should be given to them ,so , according to this ayat 49:6 , “o you who believe, if a wicked person brings news to you, you shall first investigate, lest you commit injustice towards Some people out of ignorance, then become sorry for what you have done” In this ayat as well,

A} the word investigate…………., surely Science today ! How can the Judge investigate whether witnesses are lieing or telling the truth ? God can not be cruel to innocent people ??? …or can HE ? ….

B} Wicked peron brings news ……can be any person …can be a liar ….brings news to you ….. can be any news ….theft news …any allegations ….or falsely accusing someone with the offence of Hadd by simply bringing witnesses ..etc who are liars as well .

C} ‘lest you commit Injustice” ……….. you commit ….maybe referring to Society …or Pious men ….or Qazi ..or Modern day Judge ……… Injustice…we can relate it to jarga system …or Courts etc

Proof of zina or zina-bil-jabr liable to HADD( provision 8,VII Hadood Ordinance 1979:
“ …….b) . at least 4 muslim MALE adult witnesses, about whom the court is satisfied, having regard to the requirements of tazkiyah-al-shuhood, that they are truthful persons and abstain from mjor sins ,give evidence as eye witnesses of the act of penetration necessary to the offence:
………….For non muslims …non muslim witnesses .

***** there is no ayat in Quran which says that you must bring along 4 adult MALE MUSLIMS …..Quran says … ‘witnesses” it can be male, female , muslims and non muslims as well ….and the reason being because Islamic society or the base of Islamic state is to give rights to every citizen living in an Islamic state and one more thing in every country or in every Islamic state , MISTAKE of law is no excuse !! Quran is for everyone ,muslims and non muslims ….suppose if this Provision was right …… 2 people commited zina in reality ….the third person did see them as eye witness along with 3 other people, 2 of them were muslim females and one non male muslim ( total 4 people) How can we bring the two people who commited ZINA to justice…when we fail to produce 4 MALE MUSLIMS according to HADOOD LAWS ………. ???????? anyone can commit ZINA …if there are non muslims and female muslim living in their locality ….even when they know they did the act of zina ….? In this ordinance , if you produce 4 adult male muslim against anyone , the defendant is liable for 100 lashes , (even if he/she hs not commited zina ) This is not certainly our RELIGION, this is a stupid PROVISION in PAKISTAN

**** In case of a rape , a women was in reality a rape victim , and there was no eye witness , ( hadood law….4 adult male muslim) and the man is accusing woman of ZINA (adultery) by simply bringing his friends …( 4 male muslim men) in reality she was raped . then ? ? how could a girl under Haoood ordinance protect herself ???

****** What if the girl who was raped …..has got witnesses but they are females or females and a non muslim …..even then according to Hadood laws….she can not testify them because …( u need 4 male muslim ) Can GOD be that cruel to the victims of rape ?????? remember there is no mentioning of medical test for defendants …but there is in QURAN as mentioned earlier in first phase

Certainly not because You only need witnesses ….male/female/anyone but adult ….and if there are Medical tests which can show whether it was rape or adultery ,then you don’t need witnesses anymore …..>>>>>> its not in Hadood ordinance …you must bring 4 adult male muslims …which maynotttttt be possible …..!!!!!!!!!!

Hadood Ordinance & QURAN:
heck of difference

H_ordinanceOrdinance requires 4 adult male muslims and that’s it . NO medical tests for (defendants ,if they say that zina was merely an accusation & that 4 ppl were lieing , in reality it was rape , surely medical test can prove anything …but its not highlighted in Hadood ordinance …..

Quran : Any proof (medical etc ) and 4 witnesses ( can be anyone but citizen of tht Islamic state..number is 4 as well)

In Ayat 24:11-13 : “ a gang among you produced a big lie. Do not think that it was bad for you . Infact it was good for you ( as a lesson)……………………you should have demanded 4 witnesses, if the witnesses were not produced, then they are according to GOD , LIARS”

<………. No mentioning of 4 adult MALE MUSLIM …..witnesses can be anyone . as far as medical tests are concerned …..scroll up and read the first phase of this artice …( I gave 2 ayats in that relation where QURAN give PRIMARY importance to medical tests as regard to witnesses…which are least important)

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