Re: Hudood Ordinance Amended!!!
Roadrunner: Actually, there is no law against adultery in western country. Regardless, there is difference between laws against adultery and hudud ordinance. Actually, hudud ordinance in Pakistan is only making law of Allah a joke, nothing else, and what is in Pakistan is against ‘law of Allah’ anyhow.
Just imagine, Adultery done in front of four adult, pious and reliable Muslim men who witnessed penetration with their own eyes, and become witness to that too.
If I was judge and such witnesses presented, before giving any verdict, I would throw these witnesses into jail of being deceptive witnesses (and thus slandering a woman) and would consider there witness as unreliable.
Reason being that, if they were pious Muslim and eligible to become witness, how can they (not just one, four of them together) be watching adultery so closely (in intimate positions) that they saw penetration, and thus become witness? If they were not that close (and in certain positions) to watch penetration, how can they be sure that penetration happened, and thus it was adultery?
Hence, under hudud ordinance where four pious Muslim witnesses required to give evidence of adultery, all verdicts are either farce or victimization. Thus, it means that hudud ordinance is a farce ordinance for such cases.
What Quran says regarding adultery (very simple and very logical).
According to Islam, if one or more persons (other then husband) accuse a woman of adultery, they have to bring four adult pious reliable witnesses, and if they could not, they should get severe punishment. According to Islam, onus of proving the accusation lies with accusers and not for woman to defend the accusation.
Now it is obvious that if anyone come as witness and claims to be pious, first question would arise on the claim of that person, being pious. It is impossible that adultery happens in front of four pious person and they see literal penetration to become witness (for that they not only need to be close but in certain positions, watching intentionally and intimately). If they did not see literal penetration, how can they become witness of adultery, on their perception alone?
Further, question arises that, being pious, why they were watching so closely to see penetration literally, while adultery happened. Why they did not stopped adultery from happening? Regardless, why they kept watching, and so closely that they saw the penetration (not one, but four of them, together).
Another question arises is that, if such situation occurs, were those doing adultery were sane? Because, no sane person would do adultery in front of four especially pious persons, and show the penetration to them. Gosh, it is so ridiculous that even Iblis would not think of that, how these Shaitans made a law as dumb as this and associated it to Allah?
What Quran says (and it is very clear)?
Surah An-nisa: Ayah 15 ***
YUSUFALI:* If any of your women are guilty of lewdness, Take the evidence of four (Reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or Allah ordain for them some (other) way.
Obviously, above ayah is regarding guilty women and not accused (accuse are those against whom, someone accused and registered an FIR, but verdict is not given). To become guilty, she has to be known guilty. Still, four witnesses are required as stated in the ayah, for punishment.
It is impossible to find four reliable witnesses for such act, other then in rare situations where woman is prostitute. That is how she is guilty before witnesses are found, as all knows about prostitute being prostitute and thus the women can be considered guilty, but still four witnesses are required that saw the penetration, else finding witness of someone already guilty become meaningless.
Finding four witnesses is possible if she is not ordinary prostitute but does prostitution openly (to have possibility of finding four witnesses, logical). Even than, it is impossible to find pious witnesses, rather known and reliable witnesses, and even that is difficult.
Actually, and according to Quran, these four witnesses do not have to be pious, as long as they are known and reliable. Making their number four means, that individually, they might have been witness of such act at different times (that shows that woman is involved in such acts regularly and openly, at public places).
Next ayah actually saves the women from these accusing ‘shaitans’ who become witnesses against her. [Chaste women means all those women, against whom guilt is not proven]
Surah Noor: Ayah 4 **
YUSUFALI:** And those who launch a charge against chaste women, and produce not four witnesses (to support their allegations),- flog them with eighty stripes; and reject their evidence ever after: for such men are wicked transgressors;-
Here it is clear that those who charge (register FIR against a women or accuses her) should produce four witnesses, and if they do not (or cannot), than government should give them accusers plenty of thrashing (regardless there accusation is true or not, as when one cannot bring four witnesses, one should not accuse, as Allah calls them accusers, wicked and transgressors).
This ayah does not say that if FIR is registered or she is charged; than put her behind bars (in prison) and start punishing the woman, as happens under Pakistan hudud ordinance. Where these crooks in the name of Islam brought such Shaitanic law (and worse, called it shariah law)?
One should note that according to Quranic ayahs, accuser and witnesses should get automatic punishment, if accuser could not produce four reliable witnesses (regardless of accusation was right or wrong). Meanwhile, punishment for accused woman depends on her being found guilty by four witnesses and is not automatic. This shows that in this respect, Quran tells all to mind their own business and do not accuse anyone, unless things are so bad that four witnesses can be produced easily (like cases where open prostitution is happening, at public places).
Pakistan hudud ordinance made punishment on accused woman automatic, by putting her in prison, while accusers and witnesses, even if found false (or they could not bring four reliable witnesses), are not automatically punished, as they can be only punished, if woman complains. Is that hudud ordinance, law of Allah or Shaitanic law?
** Now, according to Quran, what should happen if husband accuse her wife of adultery? Law is most clear, most fair and very logical and a slap on hudud ordinance that Zia introduced.
**
** Here is what Quran says:**
***
Surah Al-Noor (24), ayah 6-9
*****And for those who launch a charge against their spouses, and have (in support) no evidence but their own,- their solitary evidence (can be received) if they bear witness four times (with an oath) by Allah that they are solemnly telling the truth; **
***And the fifth (oath) (should be) that they solemnly invoke the curse of Allah on themselves if they tell a lie.
***But it would avert the punishment from the wife, if she bears witness four times (with an oath) By Allah, that (her husband) is telling a lie;
**And the fifth (oath) should be that she solemnly invokes the wrath of Allah on herself if (her accuser) is telling the truth. **
That is it, all is clear from Quran itself, no interpretation needed, case finished (no prison, no punishment), unless woman wants punishment of adultery, that only insane would do. In such situations, after such accusation by husband (right or wrong does not matter), result at most could be (and should be) divorce and nothing else, and I believe it is duty of government to make that divorce binding. [Apnay apnay ghar jao aur khush raho].