Calling Islamic laws Draconian
By
Major (Retd) Raja Ghulam Mujtaba
“Obey Allah and His Apostle, if you
are true believers.’
The true believers are those whose
hearts are filled with awe at the mention of Allah,
And whose faith grows stronger as
they listen to His revelations.”
Al-Anfal - 1
Dr Farzana Bari of The Quaide
Azam University in her article ‘Tyranny of Hudood Laws’ published in The
News of 14 May 2002 has called these to be draconian. But she must
understand that before the advent of Islam, the society was living in
the age of Jihala, it was a dark period where women were at the
receiving end. The girls were buried alive, women were traded like
cattle, had no respect even in the eyes of their own sons. With the dawn
of Islam, the things changed dramatically where women who were treated
as property became the sharers in property, Allah (SWT) raised her
status so much that he placed heavens beneath her feet, made it
obligatory on the man to provide for her within the four walls of the
house, asked men to keep their gaze low in front of women, and not to
use any abusive language towards them and neither to beat them but in
some exceptional cases but again not with any cruelty but only
symbolically. In his last sermon, the Holy Prophet (SAW) emphatically
emphasised about the rights of the women that no charter can define any
better even today. Therefore today when women take an anti Islamic
stance and fall victim to the hollow propaganda of the West, it is very
hurting for the Muslims. The West who till recently were debating
whether a woman was a human being or not also never gave her a say or
share in the inheritance; always exploited her charms for their own
pleasures and made her completely vulnerable by luring her out of the
four walls for the men to prey on her. Now these tendencies have
accelerated in Pakistan since the taking over of Gen Musharraf. The
secularists, the women rights groups etc. have become very vocal and
daring in attacking Islamic values and ethics. This lead has been given
by none other than Musharraf himself; when he announced Atta Turk, a
known anti Islamist to be his ideal; also when he conducted a photo
session with his family for the media, he was holding dogs under his
arms; the ladies of the house also showed disregard to the Islamic dress
code by not wearing a hijab, an obligation for every woman. All these
gestures were not without some specific purpose.
This was a display of so called
liberal, progressive and modern attitude, thus giving a signal to the people
both at home and abroad for them to follow suite. People with such minds and
thinking who were dormant otherwise got the message and became very proactive
and took the media by the storm. The themes of the dramas changed, western
culture began to dominate, girls dancing on the screen became a normal affair,
all in the name of modernity and competition with the foreign channels. To
further fuel this fire, it was the 9/11 that proved to be water shed and
thereafter the whole scenario changed as if suddenly lights go off and the
whole place becomes pitch dark with no light visible. This is a very serious
development that has begun to erode away the Islamic identity and culture of
the country. On one occasion, it was Benazir Bhutto who called Islamic laws
barbaric, she got the rubbing from the masses and now Dr Farzana has come on
the same wavelength and she is not alone to have assumed upon herself to lead
others onto the satanic path by making mockery of the Islamic values and
traditions.
It is very tragic that our so-called
modern scholars, thinkers and leadership has no clue about the Holy Quran and
its injunctions; they have never studied it to seek guidance, they mostly
compromise on hearsay. They feel that to know this subject is like going into
medieval ages having no relevance in today’s world. They openly discourage
others from learning it saying, “How can Quran be implemented in this age of
science and technology where people are talking of democratic rights and
institutions, one has to go with the global thinking and not tread on an
isolated path.” Utterances of such irresponsible words make them sound very
hollow, they have no idea what Islam is, how it provides light to the world
and what are its dynamics that would chalk out the future for mankind.
##Hudood, the custodian of the moral
values of the society can not be applied in isolation or at the whims of
someone; its part of the whole, what is a complete code of life called Din
wherein every segment is in strong complimentary relationship with the other;
any attempt to install it in pieces is more likely to backfire instead of
giving the positive results thus creating disenchantment amongst the people.
To apply hudood, the whole system has to be geared up and restructured, the
present system given by the pagans has to be dismantled. Islam has defined it
very clearly as to who is empowered to sit on the seat of justice or stand in
the witness box. The judges (qazi) have to meet the Islamic criteria and so
have the witnesses too. The police and all those connected with the state
machinery before they can be entrusted with any responsibility have also got
to come up to the required minimum standards of Islam. This environment has to
be created before we can implement Shariah and it has to begin from the top.
The head of the state on the Day of Judgement would be answerable if he avoids
or fails to move in this direction. Thus it is imperative that any aspirant
for any such seat, the people must understand the implications and the
prerequisites that go with such a responsibility, its no honeymoon. The head
of the Islamic State must understand the basic functions and responsibilities
that the Quran and Sunnah require off them and not to follow what the West is
doing. In Islam, the basic duty of the head of the state is to act as the
viceroy of the Prophet of Allah (SWT), thus strive to take the people on to
Sirat-e-Mustaqeem, the straight path. This is evident from the seerat of
Prophet Mohammad (SAW) and the lives of the Khulfahe Rashidin. In his last
sermon, the Holy Prophet (SAW) said,
“I am leaving with you two things
one the Book of Allah and the other Sunat-e-Rasool. If you adhere to these you
would never go astray.” Therefore in an Islamic
country, it is imperative that not only the head of the state but every
functionary must be a practicing Muslim, with an unflinching faith along with
good moral character and reputation; he must lead the prayers and give sermons
on Fridays; he has to provide the conditions conducive enough for the Muslims
to guide their lives onto Sirat-e-Mustaqeem. Any person not fulfilling the
Islamic conditions can never be allowed to hold any office in the set up. Here
I would like to quote Caliph Abu Bakar Siddique (RA) who in his very first
address said “Obey me
as long as I obey Allah and His Apostle; when I disobey Him and His Apostle,
then obey me not.”
This is a tradition established and followed by the other caliphs also. It has
assumed the status of Shariah that every Muslim head of the state is bound to
follow, any deviation from this would make him liable to be impeached. This is
in consonance with what Allah (SWT) has said in verse 36 of surah Al-Azhab
“And it behoves not
a believing man and a believing woman that they should have any choice in
their matter when Allah and His Apostle have decided a matter; and whoever
disobeys Allah and His Apostle, he surely strays off a manifest straying.”
It has bound all Muslims to follow the divine
guidance and no other source. Therefore in the light of such rulings and
instructions can we turn away and bring in changes to our own liking? If we do
then we would be the ones for whom Allah (SWT) has said,
“Unbelievers are those who do not
judge in accordance with Allah’s revelations.”
“Transgressors are those that do not judge in accordance with Allah’s
revelations.” “Evil doers are those that do not base their judgments on
Allah’s revelations.” Al-Maida – 44, 45 and 47
In an Islamic set up, anyone besides
having the requisite knowledge of his profession, has to be a knowledgeable
practicing Muslim. Such people would invariably be fearful of Allah (SWT) who
would refrain from the wrong practices of the society. Today the entire
government machinery is terminally ill with corruption like a cancer patient
in his last stage waiting for the plugs to be pulled off. Every segment of the
machinery involved in the dispensation of justice and other public dealings is
corrupt to the core. Police would register the case according to the wishes of
the party that has greased its palms, the lawyers would seldom differentiate
between the right or wrong but would plead the case for having accepted the
fee and the judges would in routine decide the case on the prima facie thus
many a culprits get scot-free and many an innocents get sentenced; its not out
of routine where the judge would have been approached to get the judgement
accordingly. In a true Islamic system such practices are never tolerated;
where it would be quite in routine for the judge to visit the crime scene to
seek the truth not caring how the prosecution has prepared its case. Here not
only the people hiding or twisting the facts would be taken to task but would
also be debarred and removed from the positions they hold. Once Caliph Omar
bin Khattab (RA) appeared before the Qazi who rose from his seat to greet the
Caliph, this gesture was viewed very seriously by Hazrat Omar (RA) who removed
him from his post declaring him unfit to dispense justice.
As said
earlier, here in Pakistan, the case is twisted in its very first stage of the
FIR and the police investigation. False witnesses who have no moral character
and have no sense of obligation are made to stand as witnesses, the lawyers
also knowing fully well the credibility and quality of the evidence have a
little choice. Due to lengthy and long drawn legal process, no genuine witness
would like to face the rigours of the courts for years together and also pick
up the animosity of the other side. Therefore under such circumstances some
witnesses are raised to get the conviction of the accused but all this process
leaves a strong blemish on the conscience of the involved.
The
sufferings of the women is very unfortunate; they are not suffering because of
the Hudood but because the system that is in place; everything leaves lot to
be desired for a system based on the principles of Islam. People should
struggle to get the system changed and not call hudood as draconian law. This
simply implies that Allah (SWT) is cruel who has given these laws. Be it known
that Allah is the most loving of all, his love for mankind is far greater than
one can imagine. How can the Creator be harsh and cruel to His creation.
“He that does a good
deed shall be repaid tenfold; but he that commits a sin shall be punished for
it. None shall be wronged.” Al-Anam 161.
This verse stands a proof to this
fact that for good deeds, Allah (SWT) is increasing the reward tenfold
but award for a sin, its only equal to its gravity and no
more; Allah (SWT) is not cruel but people like Dr Farzana are who are out
there to mislead the people. Therefore anyone calling these laws draconian
makes oneself liable for execution and that would be a very regrettable
situation.
Farzana Bari also says that
since the religious fundamentalists are on the retreat therefore hudood and
all other discriminatory laws must also be removed, clearly impling the
blasphemy law and the law declaring Ahemedis as Kafirs be removed. Anyone
tempering with these laws would be calling for Allah’s wrath. She should
also note that every Muslim is a fundamentalist because he believes in the
fundamentals of Islam; if one does not then one ceases to be a Muslim, I do
not know where Farzana Bari stands. Let me also remind her that only the
religious exploiters fanning sectarian feelings are on the retreat but not
the true Muslims. Alhamdolillah the devoted Muslims are on the march who
would never retreat come what may. For the liberals and the moderates Allah
(SWT) says “Observe what is brought down to you from your Lord and do not
follow other masters besides Him. But you seldom take warning.” Al-Araf – 3
and also He challenges them that “They seek to extinguish the
light of Allah with their mouths; but Allah will perfect His light, much as
the unbelievers may dislike it.” Al-Saff – 9. All this what’s
happening is nothing but the fruits of democracy the universal evil, where
people assume all sorts of rights and work their own destruction. Here not
to over emphasise but to repeat what Allah (SWT) has said some additional
verses are also quoted that come in succession signifying its gravity.
“We have ordained a law and a path for each of you.” “And
pronounce judgement among them in accordance with Allah’s revelations and do
not be led by their desires.” “Is it pagan laws that they wish to be judged
by? Who is a better judge than Allah for men whose faith is firm in Allah?”
Al-Maida – 48-49. Hopefully this would satisfy all those who are
agitating against the imposition of Shariah.
Remember, the entire structure needs to be replaced,
cleansing must start from the top; if the source of the water at the top of
the hill is muddy the water down the stream would never be clean, so lets
clean the spring. The concept of punishment in Islam is to make it a
deterrent so that no excess is committed to anyone. Rape is no ordinary
crime, it makes the victim a living dead unable to face the society. This is
far more heinous than adultery or out right murder; the victims deserves
every sympathy and comfort from the society but those involved in the
process of justice have to be men of conscience alive to the situation.
People with dead conscience are certainly draconian who are making war
against Allah by openly refuting His divinity and challenging His authority.
For such people, Allah (SWT) has said
“Those that make war against
Allah and His Apostle and spread disorders in the land shall be put to death
or crucified or have their hands and feet cut off on alternate sides or be
banished from the land.” Al-Maida – 33
Major (Retd) Raja G Mujtaba,
Convener Tehrik Ammar Allah, 20 May 2002.
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