The Supreme Court annuls Islamic law
Archbishop of Lahore: "A great decision, the law went against personal freedom". A Muslim lawyer told AsiaNews: "It was a wrong law, promulgated to make fundamentalists heads of the province".
Lahore (AsiaNews) "We heartily welcome the Supreme Court's decision to annul the Hasba Bill, a law against the freedom of the people," said Archbishop Lawrence John Saldanha of Lahore archdiocese. Such was his reaction to a recent decision taken by Pakistan's highest judicial body. He added that "this type of law goes against human nature and should always be condemned".
On 4 August, the nine members of the court issued a judgement which nullified the law (a verdict elaborated later in a 106-page statement). The law had been approved on 14 July by the government of the North Western Frontier Province (NWFP, on the border with Afghanistan), establishing the figure of the mohtasib, a sort of religious ombudsman to monitor citizens' adherence to Islamic values. The prelate said: "In the detailed judgement, it is clearly written that no law can be allowed to interfere with the private life, personal thoughts and the individual beliefs of citizens.
"Islamic jurists are unanimous on the point that except for salat (prayer) and zakat (alms) no other religious obligation stipulated by Islam can be enforced by the state."
The jurists defined the law as "discriminatory" and "unconstitutional" given that it allowed for the institution of an ombudsman "who interferes in the life of citizens" and that it foresaw "the setting up of judicial and executive offices on a par with those of the government".
The provision was put in place at the insistence of the Muttehida Majlas-e-Amal (MMA, the coalition in government made up of six Islamic parties). Its representatives had defined the enforcement of the law as a "great victory, the first historic step towards a true application of Islamic law in accordance with democratic norms". The Supreme Court was called into the case by Pakistani president, Pervez Musharraf after protests by several political and religious groups.
Shahbaz Bhatti, president of the All Pakistan Minorities Alliance [APMA, a body which unites the country's minorities ed.note] told AsiaNews the court decision "was a good one, and it shows that the policies promoted by the MMA go against the democratic norms of the Constitution of Pakistan."
Sheikh Mansoor, a Muslim lawyer and human rights activist maintained that "there can be no doubt about the unconstitutional nature of the provision, which also goes against the true teachings of Islam itself". He added: "This law was promulgated because clerics wanted to become kings of the province and to win local elections, certainly not to improve the situation of people living there."
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24/09/2005
16/12/2006
