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Critical analysis of Hudood Laws published
By Bushra Rafique
ISLAMABAD: A book written in Urdu on Hudood Law by Muhammad Mushtaq
Ahmad, lecturer, Faculty of Shariah and Law, International Islamic
University Islamabad (IIUI) is published and now available in the
market.
The 123 pages booklet entitled 'A Critical Analysis of the Council of
Islamic Ideology (CII) Report on Hudood Laws' precisely covers various
aspects of Islamic criminal law and Hudood Laws as implemented in
Pakistan. The author has made a number of suggestions for the
improvement of 'The Protection of Women's Rights Bill' currently under
hot debate in the National Assembly.
The author has suggested that instead of having four ordinances for one
law it is better to include all the relevant provisions in one ordinance
and that the law about defamation should be separated from the law of
Qazaf.
Elaborating his point, the author says that many of the punishments in
the proposed bill are already included in the Pakistan Penal Code. The
author has criticized the definition of Hudood and suggested that it can
simply be defined as punishment fixed by the Shariah, the enforcement of
which is the right of Allah on the government of Muslims.
All the definitions of crimes under Hudood category should be taken from
Islamic laws that will reduce many of the confusions the legislators are
confronted with. He has further suggested that rap and gang rap should
be taken as crime other than Hudood for which punishment can be
determined by the state.
The book critically analyzes the report of the CII recently issued on
the prevailing Hudood Laws. With a long list of references from ancient
books of Islamic jurisprudence and history the author has
comprehensively made a number of suggestions for the improvement of the
'Protection of Women's Rights Bill'.
The book is divided into four chapters that include Some Basic
Principles, the Concept and System of Hudood, Some Important Issues
Regarding Punishment of Zina and Qazaf and Suggestions for Amendments in
Hudood Laws. |