The implementation of Pakistan's hudood laws are an affront to Islam, and have blackened the name of Islam and its system of Shariah.
In the Sunni Islamic System, especially in the Sunni Hanafi school of Shariah, which is one of the four legal schools of law in Sunni Islam, all of which are very similar:
- Women are not punished for zina for being raped or reporting the rape, even if the accusation is false, it does not come under the jurisdiction of Zina laws, but rather, under the laws of false testimony.
- Women would not be killed or beaten for refusing to marry a husband chosen by others i.e. 'honour' crimes (see Forced Marriage), this is considered murder in Islam but has unfortunately been tacitly approved by some Pakistani senators in the past.
- Women would not be wrongly lashed under false Zina laws (such as those in Pakistan) for doing an Islamic Nikah via the Qadi with a husband outside of their caste or tribe or against the wishes of parents (see Forced Marriage), and any resulting so called 'honour crimes' would be treated as murder under Shariah.
- If a husband beats his wife generally or for seeking sex, she can seek redress, or divorce in the courts, provided the physical evidence exists.
- Women would be allowed to independently seek a divorce or annulment of marriage via the courts.
- Laws of adultery would equally apply to men and women, only if 4 eye witnesses exist to the seeing of the penetrative act itself, and if 4 witnesses do not exist it would be thrown out of court. Women would not be held incommunicado in prison until it is proven they didn't do zina like in Pakistan, where the accusers of chaste women make accusations regularly for revenge against a family or in family feuds & women are held in detention for no other reason than the accusation. Actually in Islam the accusers would be punished for accusing the women.
- Default custody of children is to the mother not the father.
- Making victims' families pay blood-money to execute the penalty on the convicted criminal perpetrator would be abolished. Why should victims pay blood money so that the perpetrator of the crime against them can be punished? (as happened in Iran)
As Muslims men and women do not serve each other, but we both together as brothers and sisters serve our Creator, Allah. Women were not sent on this earth to serve men, but we were both placed on this earth for Allah's purpose and act as companions in this purpose, not rivals, or subjects.
Allah (swt) says in the Quran:
"And among His Signs is this, that He created for you spouses from among yourselves, that you may dwell in peace and tranquillity with them, and he has put love and mercy between your hearts: truly in that are Signs for those who reflect intelligently." (Surat ar-Room:21)
Our Prophet Muhammad (saw) said:
"Women are twin halves of men." (Kanz)
“O people, your wives have a certain right over you and you have certain rights over them. Treat them well and be kind to them for they are your partners and committed helpers.” (Tirmidhi)
Hadrat Salman (Ra) said infront of the prophet:
“Give everyone who has a right; their full rights completely.”
The Messenger of Allah (saw) said: “Salman spoke the truth,” when he heard this.
(Sahih al-Bukhari and Sahih Muslim)
We are happy to furnish people with the evidences from the Quran and Sunnah for those who doubt the above points. It is a shame the so called Islamic groups in Pakistan haven’t managed to take the initiative on these issues before the secularist crusaders have.