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‘Hudood Ordinances-The Islamic Perspective’: Hudood laws are against the spirit of Islam: Dr Hashmi

By Waqar Gillani

LAHORE: The Hudood Ordinances are against the spirit of Islam and distort the laws set by the Holy Quran, said Dr Muhammad Tufail Hashmi, a religious scholar, on the launch of his book ‘Hudood Ordinances in the light of Holy Book and Sunnah’ on Thursday.

The book analyses the Hudood laws and is published by Aurat Publication and the Information Service Foundation, a non-government organisation (NGO). They also arranged a discussion ‘Hudood Ordinances-The Islamic Perceptive’, chaired by Justice (r) Nasira Javed Iqbal and conducted by Mirza Naeem. Renowned jurists, lawyers, scholars, parliamentarians, journalists, civil society groups and other people participated in the discussion.

Dr Hashmi has studied in Jamia Ashrafia, Punjab University, Riyadh University, Saudi Arabia and Open University Milton Canes. He is the legal advisor to the Federal Shariah Court and has served at many educational institutions. Dr Hashmi told Daily Times that Dr Tariq Siddiquee, the former vice chancellor of Quaid-e-Azam University, Islamabad, and a close friend, instigated his research.

In his book, Dr Hashmi’s says that the present laws are the reason why gang rape incidents have increased. He says, “There is no need for four witnesses and circumstantial evidence s to investigate in Zina Biljabar. Non-Muslims should be exempted from these laws. The definitions of Zina, Hud, Nikkah are not according to The Quran and Sunnah. Women are being victimised and imprisoned through these laws.” The book summarises that the most of the Huds are not related to the Quran and Sunnah. The Zina and theft laws (ordinances) in the same Hudood laws’ package are against the Quran and Sunnah. Even, the sentence for consuming alcohol was set by the Pakistan Penal Code, as there is no sentence for this crime in the Quran and Sunnah.

Addressing the discussion, Dr Hashmi said that the Hudood laws had not adopted the religious definition of Zina (forced sexual intercourse). He said that marriage had different rules in different Fiqhas and schools of thoughts. He said that the law about Zina was only applicable if the woman acted as a willing participant. He said that when there was Tamakun (willing situation) no Hud could be levied on the woman. He said the present Hudood laws were sentencing women in both situations, willing and unwilling participation.

Dr Hashmi said that there was no proof of demanding four witnesses for a Zina verdict in Islamic history. He said there were many examples where the decision was made on the woman’s statement. He said the Hudood laws were contradicting the Quran.

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