CII seeks explanation on Shariah draft

* Chairman asks NWFP governor to send draft’s copy to Council

LAHORE: The NWFP government has not yet approached the Council of Islamic Ideology (CII) to seek recommendation on the proposed draft to promulgate regulation for law enforcement through Qazi courts in its Provincially Administered Tribal Areas (PATA) that includes Swat, Dir and Chitral. However, the CII, which is an autonomous government body to bring laws in conformity with Islam, has written to NWFP Governor Owais Ghani, seeking an explanation on reports about the draft and its promulgation.

CII Chairman Dr Muhammad Khalid Masud told Daily Times that it was surprising for him that the NWFP government had not consulted the CII yet. “We are only aware about the issue due to media,” he said.

NWFP governor: “However, taking an initiative, we have written to the NWFP governor asking him to tell the council whether such reports are correct.” He said the governor had been asked to send a copy of the proposed draft to the Council. Dr Khalid further said the Council was empowered to review conformity of all drafts, laws and legislation with Islam. According to reports, the government aims to implement Tehreek-e-Nifaz Shariat-e-Muhammadi (TNSM) Chief Sufi Muhammad’s proposed Shar’i Nizam-e-Adl Regulation of 2008 in the Malakand Division to end unrest created by rebel cleric Maulvi Fazlullah.

The proposed new law, if promulgated, will end the jurisdiction of the Supreme Court (SC) and high courts in the Malakand Division (including Swat district) as verdicts of Qazi courts will only be challenged in the Federal Shariat Court (FSC) which is contrary to existing practice wherein verdicts can be challenged in the SC or high courts besides the FSC.

According to a report, a committee formed by the government has recommended that the SC and High Courts Extension of Jurisdiction to Tribal Areas Act, 1973, be repealed, and the FSC should have an exclusive jurisdiction there. ali waqar

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