Shahadat law against Quran, Sunnah: FSC
February 12, 2009 by SAF Desk
Filed under News at a glance
LAHORE, 12 FebruaryA FULL bench of the Federal Shariat Court has held that sub-article 4 of article 151 of Qanun-e-Shahadat is repugnant to Quran and Sunnah and asked President of Pakistan to take appropriate steps for repeal of sub-article 4 within six months failing which the said provision would cease to have effect.
Under sub-article 4 of article 151 of Qanun-e-Shahadat Order 1984, if a man who is prosecuted for rape or an attempt to molest a woman, it may be shown that the female victim was of an immoral character.
The bench comprising Chief Justice Haziq-ul-Khairi, Justice Dr Fida Muhammad Khan, Justice Salah-ud-Din Mirza and Justice Muhammad Zafar Yasin passed this order while accepting a petition of Capt (Retd) Mukhtar Ahmed Sheikh who had challenged the said provision saying it gives protection to a man accused of rape to taint the character of a woman while depriving the similar right to the woman.
The petitioner argued that it was discriminatory and against the dictates of justice and equality as ordained by Quran and Sunnah and tantamount to giving free license to an accused to commit Qazf (allegation of rape on a woman) without producing four male witnesses in clear violation of Holy Quran.
The court observed that the said provision is discriminatory based on sex and violates constitutional provisions. Above all, it negates the concept of gender equality as enshrined in the Holy Quran as a woman is placed in more exalted and respected position than a man is.
The court observed that it had failed to comprehend that what wisdom had prevailed upon lawmakers to add sub-article 4, as it should serve no useful purpose. Assuming that the woman victim was of generally immoral character, will a man accused of rape or attempt to ravish her be exonerated of crime or will a rape cease to be a rape if the victim happened to be prostitute or a woman of easy virtue?
Islam makes no distinction whether the subject of crime was of generally immoral character or not, the bench remarked.
The Holy Quran places women on a much higher pedestal than ever known in the society. She is not considered as an agent of devil nor treated as a personal possession in Islam. She has all the property rights and has similar rights as of a man in matter of marriage and divorce.
The penal laws of Islam treat a woman equally with men. She has lesser responsibilities in worldly affairs and is bestowed with greater respect and kindness.
The representatives of federal government and all four provinces made their submissions in the case and only NWFP government supported the petition saying the law would damage the character of female witnesses.