Women Protection Bill, 2006 (“WPB”) has finally passed, in an overwhelming majority vote, by the Pakistani Senate. MMA in a last attempt to make WPB ineffective suggested 17 amendments, which were all rejected by the Senators. Having already been cleared by the National Assembly, the only thing left, procedurally, for the bill to become law of the land is Presidential consent.
WPB is the first step towards changing the draconian rape and adultery laws, which were implemented by the President Zia-ul-Haq. The present Musharraf government has fought very hard to get these changes through and to make these amendments possible. This is not to suggest that these amendments are in anyway adequate or enough, however, they are the first step. WPB has been severely compromised by the pressure from MMA. They were some changes suggested by them, which have been incorporated in the Bil (text of changes available courtesy of eteraz.org). However, the entire text of the Bill still remains unavailable; therefore, it is very difficult to comment on the same with any certainty.
Ali Eteraz does offer some analysis on WPB and the issues with the same:
“Rape is now tried under the secular penal code, and the Sharia courts do not have jurisdiction over rape/rape-allegations.
This means that rape does not have to be proven by four witnesses (it can now be proven by circumstantial, even DNA evidence). The part on rape is the biggest victory of this bill. Rape has been totally separated from adultery or any other crimes of chastity.
Non-rape extra-and-pre-marital sex acts are still tried by the Sharia courts.
However, “lewdness” (a new offense which includes both adultery and pre-marital sex) will be tried by the secular courts.Yes, that means that two different court systems will have power over adultery and pre-marital sex: adultery/fornication matrix for Shariah courts; lewdness matrix for secular courts.
Those two courts systems will fight over it, and I have no idea how they determine who gets to try them. That is actually the million dollar question. My lawyer friend suggests that it is a judge which determines the jurisdiction. Question is: is that a Sharia judge or a secular judge?�
The analysis further suggests that the matter would fall within the jurisdiction of Shariah court because of the Article 203D and 203DD (which describes the power of Shariah Court). This may not be necessarily true, and these questions of procedural and interpretation of law would only become clear with the passage of time and development of case law under the amended law.
However, it needs to be noted that most of the analysis is based on hearsay and is based on assertions and presumptions from other sources. Nonetheless, the analysis offered does deal with some of the legal and constitutional issues that may/will arise in respect of WPB. The limited text, which is available on Eteraz and the commentary in the newspapers all suggests that even at its best WPB, is extremely vague and there are various ambiguities and loopholes in the same. Any detailed and concrete analysis of legal issues would have to wait until the availability of the draft legislation.
Nevertheless, it would not be wrong to say that the Presidential consent would not be the end of WPB both politically and legally. Politically there is the dilemma of threat by MMA of resigning from the National Assembly. Legally there are issues of constitutional law as well as procedural law attached with this legislation. In context of legal issues, this matter will only be conclusively decided either by the decision of the Supreme Court of Pakistan or by further amendments to the legislation.
Umera Ali is a lawyer and blogs at Pointless Conundrum.
[quote post=”437″]You may not agree with my “researchâ€
[quote post=”437″]last time i checked this isnt an islamiat lesson[/quote]
yeah but the law is/was Islamic!
[quote post=”437″] your love for maulana taqi usmani’s articles[/quote]
I think you have a big confusion in your mind that It’s all about some Taqi Usmani or xyz person. He,me or anyone are just mere humans who can just speak. That’s all between God and those who have brought controversial issue. Neither I’m worried and helpless condition nor He would because God says himself:
..These are the limits ordained by God; so do not transgress them if any do transgress the limits ordained by God, such persons wrong (Themselves as well as others).
[quote post=”437″]who needs to move on and accept that the bill has been passed by both houses of parliament [/quote]
*grin*-I know you would hate me that I am quoting Quran but what can I say when God himself clears everything about different occasions.
And they plotted and planned, and God too planned, and the best of planners is God(Quran 3:54).
See, I am not even worried at all. I know I don’t live in a Godless world. God Himself would take care of everything. Whatever I am speaking is just because like you, I also have to answer to God thats it!
[quote post=”437″]you really think i have time on my hands[/quote]
umm lagta tu yehi hey?
[quote post=”437″]adnan actually i dont need to ‘work hard’ to prove your idiocy [/quote]
[quote post=”437″]close-minded idiot like you?close-minded idiot like you?[/quote]
*me grins and looks towards invisible judge and says, ‘No further question Me Lord’*
Adnan,
You may not agree with my “researchâ€
adnan actually i dont need to ‘work hard’ to prove your idiocy — i think everyone can see it for themselves because it is difficult to escape — also why dont you tell me what you do for a profession so i can question you in that regard as well adnan — actually im afraid its you adnan who needs to move on and accept that the bill has been passed by both houses of parliament — notwithstanding your love for maulana taqi usmani’s articles
adnan — you really think i have time on my hands to try and debate with a close-minded idiot like you?
After Taqi Usmani, Mufti Muneeb also has written a 2-episodes article given below:
WPB-I
WPB-II
Intresting thing is that Hamid mir just realized that the law is against Quranic laws.
Zara Phir Sochiye-by Hamir Mir .
I don’t understand that hamid was host in 2 programs related with “Zara Sochiye”, How come is it possible that he never had a copy of orignal 1979 law and Umera was able to get it?
Did he like govt officials and MMA people never read the entire law? But since Hamid belongs to Jang group so one can expect anything by them. Atleast he’s regretting now, that’s good for him.
The other things I noticed are quite weird.
-The religion Minister, Ejazul Haq and Amir liaqat,minister of state for religious affairs, both were bypassed by the govt- Why? Must remember that Hudood law issue is a *religious* issue.
-The bill was passed in a great rush as some worst thing is going to happen in few days. Why in a country where a person like Mirza Hussain is prionsed for 18 years due to a false case can act so fast for passing a controversial bill that they passed it from both senate and National Assembly within a week?
-Recent threat by Dr.Sher Afgan, If assemblies of NWFP and Balochistan didn’t impement the bill they assemblies would be dissolved- Why such threat? What re their plans?
These are the questions which are unanswered. Both Ejaz and Amir are rather in busy to say “Tata” to Pilgrims in Karachi and Islamabad Airport. Weird!