This is excellent news. The Hudood Ordnance does need extensive revision to make it less vulnerable to being abused to punish the innocent.
http://www.dailytimes.com.pk/default.asp?page=2006\03\27\story_27-3-2006_pg7_1
The Council of Islamic Ideology (CII) is set to review a report on the Hudood Ordinance on Monday.
The report, prepared by CII Chairman on the Hudood Ordinance Dr Muhammad Khalid Masud, will be discussed with a view to recommending possible amendments to the ordinance.
The report contended that since the Hudood Ordinance has been derived neither from the Quran nor Sunnah (the first two sources of Islamic jurisprudence), partial amendments to it would not clash with the provisions of either.
The report concluded that a thorough revision of the Hudood Ordinance was necessary to make it more in tune with the notions of crime and punishment set out by the Quran and Sunnnah, as well as rendering it more compatible with a modern judicial system.
“It [the Hudood Ordinance] does not even agree with definitions prescribed by the jurists.”
The report found that that the concept and usage of the term Hadd was different from the definition given in the ordinance and by jurists. “The Quran uses different terms for the idea of punishment (jaza, adhab).” In Hadith, the term Hadd is used in general terms and not in the technical sense that jurists wish to afford it,” the report said.
The report said that jurists used the term Hadd to denote a fixed punishment, regardless of the provisions set out in the Quran, Sunnah or Ijma. The report said that since the identification and categorising of crimes such as Hadd, Qisas and Tazir had been undertaken by jurists, a lack of uniformity existed.
The report said that the Hudood Ordinance had adopted the Fiqh definition, whereby the identification and classification of Hadd had been undertaken arbitrarily, adding that this intensified the confusion between Hadd and Tazir.
The report pointed out that no Muslim country had ever enforced Hudood laws derived from Fiqh. The report noted that the Federal Shariah Court, the Council of Islamic Ideology and several members of the National Assembly had agreed on the need to amend the Hudood Ordinance. In addition, the Commission of Inquiry for Women 1997, National Commission for Status of Women 2003, Women Aid Trust 2003 and the Aurat Foundation had also called for amendments to the ordinance.