Mirza Tahir Hussain's Execution

[Hum_Hain]

Re: Mirza Tahir Hussain’s Execution

@roadrunner

There are two points I’ll make here.

Firstly, you say “if people go against the law/shariat to give a judgement, its the people that r wrong rather than the religious/islamic/shariat law”. You say the people means the Ulema judges who make the Shariat rules in countries where it operates. Shariat is not a rigidly operating system that is the same in every country it operates (for example, Nigerian Shariat is different from Afghanistan Shariat). There is not global definition for the laws of Shariat, so the Islamic law used in this case was the one against highway robbery. This was not the problem. A law against highway robbery is fine, however the way the Shariat law was prosecuted was not fine. Who prosecutes the Shariat Law? The answer is the Ulema judges of the Shariat courts prosecute such cases. This is not “Musharraf”, “the Pakistani Government”, “the Pakistani people”, these are the religious judges who made that decision, and you are in total denial by attributing it to “people” rather than the religious “scholars” who made the decision. Why pass the buck and start blaming people who were not party to the decision?

Second your use of the term “people” is to try and dilute the whole situation, and make it wider so that the whole of Pakistan is accused, rather than taking issue with the people who actually made the decision in the first place. The Shariat judges made the decision. The Shariat Courts are independent of the government and have the power to change any law they find unislamic. In fact, it’s the Shariat Court to which people should be protesting to, not Musharaff.

The government doesnt make the Shariat laws. The Ulema makes the Shariat laws, that is why it is known as “religious laws”. The Shariat courts have the power to overrule any law that is unislamic. So the government plays no part in this, and this is why the Pakistani judiciary is seperate from the government. The appointment of Shariat Court Judges is by the Ministry of Law..How were they not following the Shariat Law?

Again you are in total DENIAL. The average person has nothing to do with judgements of the Shariat Courts, and neither does the government. The religious scholars make the Shariat Laws in the country, and they also prosecute them as appointed by the Ministry of Law (same as any other country).

secular courts acquitted him of all charges in 96; it took 8 years for them do so; after imposing death penalty in 89, and life imprisonment in 94! this shows that not only the religious scholars or the shariah court is behind his 18 year detention

Total Denial
me or you

people? u think its a much wider term its the courts to be blamed, the system to be blamed..people have got nothing to do with anything, ok

then it gets reffered to the shariat courts..on charges from the original case which included robbery involving murder! who brought those charges against him, how was it a robbery?

“A week later, Mirza Tahir Hussain’s case was referred to the Federal Shariat
Court on charges from the original case, including robbery involving murder,
which fall under Islamic offences against property law. The Federal Shariat
Court’s duties include reviewing laws to ensure they conform with Islamic
doctrine and dealing with appeals of cases tried under Islamic Law. The entire
case against Mirza Tahir Hussain was reopened, and in 1998, he was sentenced to
death by the Federal Shariat Court, despite their acknowledgment that no
robbery had taken place due to the taxi being hired. The death penalty sentence by the Federal Shariat Court was based on a split two to one judgement, with the dissenting judge strongly recommending that Mirza Tahir Hussain be acquitted. Amnesty International believes that Mirza Tahir Hussain has not
received a fair trial due to the contradictory statements of the different
courts. Also, the Islamic provision under which he was tried requires that the death penalty should only be imposed if reliable eyewitness accounts or a confession to the court are submitted. In this case, neither was obtained.”

http://web.amnesty.org/library/index/ENGASA330142006?open&of=ENG-PAK

the third judge was also a religious scholar, so how come he gave a decision that the secular courts gave in 96

“The Supreme Court upheld the judgement in 2003 and dismissed an appeal in 2004.
A petition for clemency was sent to the President in 2005 but was declined. The
family of the taxi driver have refused compensation offered by the family of
Mirza Tahir Hussain, as is permitted under Islamic law, which could allow Mirza
Tahir Hussain to be pardoned.”

from the above, i assume the supreme court does have the power to over rule fedral shariah court’s decision.

u just see the decision of the two scholars that was wrong..
and I see a lot more than that in Tahir’s case that was wrong..
18 years did not just involve the religious scholars

corruption is there in every sense at every point

Anyways, i do see it in a wider context..the system..the police..the religious judges..secular judges..the qovernment..they all come through people and they are all the people of pakistan and when this term is used, its not to accuse people rather ask people to open their eyes to whatevers happening and do something for themselves and the country

all of us have to make an effort to do something for our country

i hope u get it this time and that im not in the least supporting the scholar judges and if u still dont then feel free to post Denial again :rolleyes: