|
164th meeting of the Council was held in March, 2007. Some of
the important issues on the agenda of the meeting were as under.
1.
Zina bil Raza (Zina by mutual consent) and
Zina bil Jabr (Rape)
The Council unanimously decided that Zina by mutual consent (Zina
bil Raza) and rape (Zina bil Jabr) are two distinct and separate
crimes. If a female complains of Zina bil Jabr, she will not
be asked to bring four witnesses as in such a case she is a complainant and
the state is duty bound to investigate the crime perpetrated against her.
The culprit should be apprehended and if the offence is proved, the culprit
should be punished.
2.
Tazir if evidence is insufficient-deliberation
Council unanimously also decided that in case of Zina bil raza
if four witnesses are not produced then the accused will be acquitted. In
case of accusation of Zina the accused cannot be awarded any
punishment under any other law. The Holy Quran counsels recourse to
education, training and advice in such a case and punishment should be
awarded only if at least four witnesses testify the commission of crime in
the court of law, except in case of lian if the accused denies
swearing to God or confesses crime or in particular circumstances if offence
is established itself the decision shall be made according to the situation.
3.
Deliberation on Haraba and Fasad Fil Arz
The Council declared unanimously that “Haraba” and “Fasal fil arz”
(mischief on earth) should not be kept limited to the scope of decoity. If a
murder is committed in the form of terrorism and Zina bil Jabr,
then such an offence should also be declared as Haraba and the
perpetrators, according to their conditions, should be awarded all the
punishment prescribed in Sura Maida of the Holy Quran for the crimes
of Haraba and Fasal fil arz.
4.
Condition for Judge to be a Muslim
The Council unanimously declared that after proper codification of law, the
condition for a Judge being a Muslim is uncalled for.
5.
Legislation for Prevention against eviction of elderly Parents
from home.
In order to discourage the trend of evicting elderly parents from their
homes, the parliament should legislate to his effect.
6.
Land Reform proposals
Regarding land reforms, the Council demanded the government that it should
constitute a professional and impartial commission to review the previous
recommendations regarding land reforms and it should also point out as to
why those reforms were not implemented. |