måndag 1 december 2008

The New Changes Made to the Hudood Ordinance (HDO) and its Opposition By The Religious Scholars.

Disclaimer: the following work is merely a collection and translation of different articles and therefore I take only credit in collecting the most relevant facts and opinions of other people. In the end I have given a conclusion which solely reflects my opinions and understanding of the situation.


In the late 1970’s there was a popular demand by the people of Pakistan for the implementation of Islamic laws in the country. The Nizam-e-Mustafa movement was on its peak. Under such conditions General Zia ul Haq, who had just seized power in a coup, introduced certain measures that on the face were Islamic but in reality had no value.

However the hudood ordinance (HDO) was an exception because unlike other measures, that were only the brain child of General Zia or his associates, this was formed after due consultations and discussions with lawyers, judges and Ulema. Furthermore it was accepted by all the Ulemas of Pakistan belonging to different sects.

Despite its merits it was rejected altogether by the western minded sections of the society. It was criticized as a law that is oppressive towards women. The most common propaganda was that a women who has been raped needs to provide four witnesses in order to verify her claim in a court of law. The Ulema instead of answering these allegations in a logical and reasonable way started conjuring up conspiracy theories, theories that accused western nations and governments for devising ill plans against Islam. Due to their inadequate and ill timed responses the general public became convinced that the law is oppressive by nature.

The hudood ordinance at a glance

The ordinance consists of 110 articles with considerable number of sub articles. Some of crimes that are dealt with in this law are:
  1. Rape or consensual extra marital sex.
  2. Qazf: false accusation.
  3. Blasphemy against the Prophet Pbuh.
  4. Alcohol consumption.
  5. Theft.
Before I go further it has become necessary to explain what Islam says about extra marital sex. The picture below clearly describes the difference between an Islamic system and other systems. In Islam families are the most basic and important units. The basic aim of most of the Islamic principles is to uphold a safe and healthy family life and safeguard family values. That is the reason why rape or consensual sex is considered as cognized offence rather than crime against individual.

Now back to our hudood ordinance. Depending upon the crime there are two types of punishments that can be executed.

  1. Punishment of Hud. Hud is a term in Islamic jurisprudence that means the nature, method and magnitude of the punishment cannot be changed.
  2. Taazeer: this term means that the nature, method and magnitude of the punishment can be changed and decided according to the Qazi or judge.

The Hud punishment for rape and consensual sex is death by stoning for married men and 100 lashes for unmarried men. The requirement for four witnesses is needed only for executing Hud punishment. If rape/consensual sex are proven by the means of physical evidence or less than four witnesses then the criminals can receive punishment according to Taazeer.

There are people who would criticize the need for two sorts of punishments but they are ignorant of the fact that rape is one of the crimes in the world where physical evidence has little or no implications. One such example is the stureplan case that emerged in Stockholm in 2007 and 2008 (details at the end). Furthermore a jail sentence, although has been practiced, is a unislamic concept. In Islam sentences are short but severe e.g. lashes, chopping of hands, heavy fines and death.

The changes made through Women Protection Bill 2006

In 2006 a bill was proposed in the country by the above mentioned name and some changes were made. There was a big hue and cry from various religious leaders and political parties. I will give a brief list of some of the prominent changes made and why they were objected to as being unislamic.

  1. Hud punishment for rape has been abolished completely. Only taazeer punishment can be given.
  2. Rape/consensual sex are no longer a cognized offence. This means that no FIR can be reported in a police station and the case must be taken directly to the court with two witnesses. This also limits the powers of the court to act in such cases.
  3. Previously if a person was acquitted of the crime of rape, a trial against him/her could be initiated in the same court at the same moment for the crime of consensual sex. Now a person acquitted of rape can not be tried for consensual sex.
  4. According to many Ahadith of the Prophet Muhammad PBUH if a person is found guilty of a crime in a court and the punishment of Hud has been declared by the court then no one has the right to change the decision. Therefore article 20 section 5 clearly states that provincial government cannot change the verdict if someone has been given the punishment of Hud. In the new law article 20 section 5 has been removed.
  5. According to article 3 of HDO, it is to be given dominance over other laws i.e. if a conflict arises between laws stated in HDO and any other ordinance than the laws stated in HDO are to be implemented. This article has been removed as well from the new Law.
  6. It was stated in HDO that if during court procedures a person is found guilty of an offence that is regarded as crime by legislations other than the HDO then he/she can be given punishment by the same court. This was done as to remove the complexities within the legal system and make it more efficient. However this provision has been removed in the new law as well.

Why the HDO never worked?

A single law or legislation is not enough to run a society. In a successful judicial system different legislations strengthen and support each other. Loop holes and back doors in one law can lead to failures in others. Therefore the HDO was misused by people and many women suffered.

HDO will never work unless it is supplemented by strict anti-corruption laws and social education programmes. An active participation from both religious leaders and legal experts will be required for this process. Especially the religious scholars need to come forward and educate the masses and realize that it is their fault in the first place that led to misconceptions and dislike for the HDO.

The Stureplan case

The case is interesting in the sense that it clearly describes the technical and legal difficulties when dealing with issues like rape. A woman met two men at a pub. She went with them to an apartment owned by one of the men and all three got heavily drunk. The next morning the woman reported both men to the police and charged them with raping her. On medical examination it was found that the woman had been treated violently and had many bruises on her body. Both men were arrested.

The district court after hearing both the parties decided in favour of both the men and set them free. The main reasons behind this decision were firstly all three were heavily drunk and no one could give a clear account of the situation. Secondly both men admitted to having violent sex with the woman and considered it a form of foreplay and they even said that the woman had agreed to this act. The response from the media and general public was in favour of the woman and both the judges and the legal system were heavily criticized. After a few months the case went to the appeals court where the judges surprisingly gave a totally new verdict, agreeing with the woman the court found both men guilty and were imprisoned.

Such complexities are common in dealing with such cases. Physical evidence is meaningless and in the end it is one mans word against the others and the courts have to decide which version of the story is the true one.

By guest writer Musafir

torsdag 2 oktober 2008

Every soul will taste of Death

"Every soul will taste of death. And ye will be paid on the Day of Resurrection only that which ye have fairly earned. Whoso is removed from the Fire and is made to enter paradise, he indeed is triumphant. The life of this world is but comfort of illusion"
[The Qur'an 3:185]

كُلُّ نَفۡسٍ۬ ذَآٮِٕقَةُ ٱلۡمَوۡتِ‌ۗ وَإِنَّمَا تُوَفَّوۡنَ أُجُورَڪُمۡ يَوۡمَ ٱلۡقِيَـٰمَةِ‌ۖ فَمَن زُحۡزِحَ عَنِ ٱلنَّارِ وَأُدۡخِلَ ٱلۡجَنَّةَ فَقَدۡ فَازَ
‌ۗ وَمَا ٱلۡحَيَوٰةُ ٱلدُّنۡيَآ إِلَّا مَتَـٰعُ ٱلۡغُرُورِ

tisdag 30 september 2008

Happy new Eid!

Eid Mubarak for all brothers and sisters in Islam!

lördag 27 september 2008

Eid Takbirs

You may need this on Eid:

اللّهُ أكبر اللّهُ أكبر

Allahu Akbar, Allahu Akbar
Allah is Great, Allah is Great

اللّهُ أكبر

Allahu Akbar
Allah is Great

لا إلَهَ الا اللّه

La illaha il Allah
there is no God, but Allah

اللّهُ أكبر اللّهُ اكبر

Allahu Akbar, Allahu Akbar
Allah is Great, Allah is Great

و لِلّه الحمدَ

walilahil Hamd
to Him belongs all Praise

اللّهُ أكبرُ كَبيِرَا

Allahu Akbaru Kabeera
Allah is the Greatest

وَالحَمدُ لِلّهِ كَثِيرا

wal-Hamdulilahi katheera
And all Praise is due to Him

وَ سُبحَان اللّهِ

wa Subhan allahi
And Glory to Allah

بُكرَةً وَأصْيِلا

bukratan wa aseila
eventide and in the morning

لا إلَهَ الا اللّه

La illaha il Allah
there is no God, but Allah the Unique

صَدَقَ وَعدَه

sadaqa wa'dah
He has fulfilled His Promise

وَنَصَرَ عبده

wa nasara abda
and made Victorious His servant

وأعزَ جُنَده

wa a'azza jundahu
and made Mighty His soldiers

وَهزم الأحْزَابَ وحْدَه

wa hazamal-ahzaaba wahdah
and defeated the confederates

لا إلَهَ الا اللّه

La illaha il Allah
there is no God, But Allah

وَلا نَعبُد الا أياه

wa laa na'budu illa iyyah
He alone we worship

مُخلِصِّينَ لَهُ الدّيِنَ

mukhlessena lahud-deena
with sincere and exclusive devotion

وَلوْ كَرِهَ الكَافِروُن

walaw karehal-Kafeeroon
even though the idolaters hate it

اللّهمَ صَلِّ على سيْدنَا مُحَمد

Allahumma salli ala sayyedna Muhammad
O Allah, have Mercy on our Prophet Muhammad

وَعَلى آلِ سيْدنَا مُحَمد

wa ala aalie sayyedna Muhammad
and on the family of our Prophet Muhammad

وَعَلى اصْحَابِ سيْدنَا مُحَمد

wa ala as-haabie sayyedna Muhammad
and on the companions of our Prophet Muhammad

وَعَلى أنصَارِ سيْدنَا مُحَمد

wa ala ansari sayyedna Muhammad
and on the helpers of our Prophet Muhammad

وَعَلى أزوَاجِ سيْدنَا مُحَمد

wa ala azwajie sayyedna Muhammad
and on the wives of our Prophet Muhammad

وَعَلى ذُرِّيَةِ سيْدنَا مُحَمد

wa ala dhurreyatie sayyedna Muhammad
and on the progeny of our Prophet Muhammad

وَ سَلّم تَسْلِيماَ كَثّيرا

wa sallim tasleeman katheera
and Bestow upon them much peace

source: Eid Takbeer

lördag 30 augusti 2008

fredag 29 augusti 2008

lördag 23 augusti 2008

13th Hadith

onsdag 6 augusti 2008

torsdag 31 juli 2008

I swear he did nothing...

6 months-old Muhammad killed while he was asleep.

onsdag 14 maj 2008

What have we given to them?

It´s time to react against all this starvation and death all around the world. We will never solve the problem by giving some coins for sadaqa. God will ask us about what we've done for the helpless people, so what are we going to answer??!

Oh Allah, give us the strength to help the suffering people! And help us to help them followin your path! Ameen...

tisdag 13 maj 2008


Stridulation is the act of making sounds or musical notes by rubbing together certain hard parts of the body. It is very common for many male insects to produce such of noise, specially by orthoperas as crickets, grasshoppers and locusts. There are also animals that use stridulation such as snakes, spiders, and birds. Recent studies by a small band of researchers show that even ants have the capacity to stridulate! One of the most known in the researching is Dr. Robert Hickling. In his homepage you may find more about him and his research (read also this article for more information.

There is something special about this "new discovery". It was already written for more tan 1400 years ago in the Quran. In surat an-Naml in the verse 18 it states that ants do comunicate, and warn the others in case of emergency. It says in the Quran:

"Till, when they reached the Valley of the Ants, an ant exclaimed: O ants! Enter your dwellings lest Solomon and his armies crush you, unperceiving" (Chapter 27, verse 18, Translation by Pickthal)
Listen to the sound of Black Fire Ants (MP3 files from Dr. Hickler's homepage):

Watch the following video from IslamicTube:

Definition: Stridulation from Online Medical Dictionary.
Dr. R. Hicklings homepage.
Stridulation on Wikipedia
Translation of the verse from USC-MSA Compendium of Muslim Texts
Article: When Ants Squeak

måndag 12 maj 2008

About reading Quran

Abu Musa Al-Ash´ari (ra) reported:

The messenger of Allah (saw) said:

"The beliver who recites the Quran is like a citron whose fragance is sweet and whose taste is delicious. A beliver who does not recite the Quran is like a date-fruit which has no fragance but has a sweet taste. The hypocryte who recites the Quran is like colocynth whose fragance is so sweet, but its taste is bitter. The hypocrite who does not recite the Quran is like basil which has no fragance and its taste is bitter".

[al-Bukhari and Muslim]

söndag 11 maj 2008

Our need of a Creator

[Fragment of the text "The Way to Belief"]

The reason that things must have a creator, is because the things which are comprehensible by the mind that is man, life, and the universe, are limited, weak, imperfect, and are in need for something other than themselves. Man is limited, because he grows in every aspect to a certain limit that he cannot surpass, so he is limited. Life is limited, because it manifests itself only in individuals, and what is noticed by the senses is that it is concluded with the individual, thus it is limited. The universe is limited, because it is the sum of celestial bodies, and each body is limited; and the sum of limited things is self-evidently limited. Thus, man, life, and the universe are definitely limited. When we ponder on the limited (thing), we see that it is not azali (eternal - limitless), otherwise it would not have been limited, and therefore, it must be created by something else, which is the Creator of man, life and the universe. This Creator, is either created by someone else, creator of himself, or azali (eternal - limitless) whose existence is indispensable (wajib ul-wujood). It is absolutely false that he is created by someone else, because he would then be limited. It is also false that he is the creator of himself and could not be rationally considered as the Creator. As for being self-created, the ramification of which would be he is created by himself and creating himself simultaneously. This is simply absurd. Hence, the creator must be azali (eternal - limitless) whose existence is indispensable. He is Allah (swt).


lördag 10 maj 2008

Creador y creación

[Fragmento del texto

La razón de que las cosas deban tener un creador, se debe a que aquello que la mente percibe acerca del hombre, la vida y el universo son limitadas: débiles ('ayiz), imperfectas (naqs), y dependientes de otras. El ser humano es limitado (mahdud), ya que crece, en todo sentido, hasta un cierto punto que no puede sobrepasar . La vida es limitada, ya que únicamente se manifiesta individualmente, y es un hecho que esta concluye en el individuo. El universo es limitado, ya que está constituido de cuerpos celestes, y cada uno de éstos cuerpos celestes es limitado. La suma de elementos limitados da como resultado algo limitado. Por lo tanto el hombre, la vida y el universo son limitados. Al reflexionar en lo limitado, sabemos que no es eterno, es decir, sin límites (azali), de otra manera no sería limitado, lo que conlleva a que debe haber sido creado por algo, que es el Creador del hombre, la vida y el universo. Este Creador o es creado por otro o creado por si mismo o azali (eterno, ilimitado) cuya existencia es indispensable (wayib ul-wuyood). Es absolutamente falso que haya sido creado por otro, ya que entonces sería limitado. También es falso que se ha creado a sí mismo ya que entonces sería creador y creado al mismo tiempo, por lo que racionalmente no podría ser considerado como el Creador. Por lo tanto el creador debe ser azali (eterno, ilimitado) y cuya existencia es indispensable. El es Alá (swt).