Alcohol is not haraam (prohibited) - Pakistan religious court judges rule....

cross-posting via Naveed Riaz email blast dated July 26, 2011

Drinking liqour is not Haram - Federal Shariat Court

The Federal Shariat Court (FSC) has declared whipping for the offence of drinking as un-Islamic and directed the government to amend the law to make the offence bailable.

A full-bench of the FSC comprising Chief Justice Haziqul Khairi, Justice Salahuddin Mirza and Justice Fida Mohammad Khan gave the ruling on Thursday after hearing the arguments that the Holy Quran asks Muslims to stay away from liquor but does not specifically declares it Haram, or prohibited.

The FSC had taken up a Shariat petition of Dr M. Aslam Khaki, who had challenged different provisions of the Prohibition Order (Enforcement of Hudood) Ordinance 1979, in which drinking was provided as Hadd, prescribing 80 lashes as punishment for the offence.

Pleading the case, Dr Aslam Khaki argued before the FSC that the punishment of 80 whips was neither provided by the Holy Quran nor Sunnah, hence the offence should not be termed as Hadd. Prophet Muhammad (Peace Be Upon Him), he recalled, had awarded only 40 sticks that too of a date tree to the offender, but not 80 whips.

Article 8 of the Prohibition Order (Enforcement of Hudood) Ordinance 1979 declares drinking liable to Hadd and suggests that whoever being an adult Muslim drinks intoxicating liquor by mouth is guilty of drinking liable to Hadd and shall be punished with whipping numbering 80 whips.

Islam had declared some specific offences as Hadd which are heinous, but the offence of drinking is not a heinous crime, he argued.Though the Holy Quran has attributed drinking as both “benefit” and also Haram, but declared Haram is more than its benefit. Thus the offence of drinking is not absolute Haram.

He contended that Article 25 of the ordinance which provided punishment for attempt to drinking was violative of the injunction of Islam as neither Holy Quran nor Sunnah had provided any punishment for it.

“If a person makes an attempt to drink but withdraws, he should be appreciated but not be punished,” he said, adding intention of commission of crime without any physical act was not a crime.

The court agreeing with the petitioner declared the provisions of 80 lashes as un-Islamic and directed the federal government to amend the relevant laws to replace the punishment of whipping with sticks within six months by making it bailable offence.

In case the government failed to amend the Hadd law, the punishment will cease to exist and become void, the judgment held.

The Bar Room - Sindh High Court Bar Association, Karachi

It was a great honour to have been invited into the Bar Room of the Sindh High Court Karachi earlier today.  Upon entering the Bar Room there is a huge plack listing past and present presidents and secretaries of the Sindh High Court Bar Association.  There were many familiar names amongst whom were Barrister Hassan Ally A Rahman and his younger brother Barrister Tufail A Rahman who also served as Chief Justice for Sindh and Balochistan, and also presided upon the the Hamidurrahman commission post East Pakistans succession from West Pakistan.

It was an awe inspiring moment to walk the halls of the Sindh High Court,  step in to the Bar Room where normally only advocates of the court are allowed to enter. This room has been witness to history as it unfolded way before the formation of Pakistan. Then to read the names of my maternal grandfathers on the plack further brought the whole experiece home. 

 

Posted from Samsung mobile device

The Pakistan Story Told Through Lincoln The Movie

Lincoln --the movie -- an apt portrayal of a democracy's inner workings -- messy as it may seem -- through compromise righteousness ultimately wins -- benefiting the nation and its citizens in the long run.

A befitting movie to watch on the eve of when the first democratically elected government in Pakistan gets to complete its 5 year term by constitutionally relinquishing power to a caretaker government on the 15th day of March 2013.

President Lincoln had a bloody civil war -- today in a manner of speaking Pakistan is engulfed in a bloody idealogical civil war -- similar in meaning to the American Civil War.

[Post is a compilation of my tweets]

Sent from my iPhone

Just Think ...Who Are The Hero's of Pakistan?

• The founder of this Country was a Shia

• The man who gave you the first cricket world cup was a Pathan

• The Prime Minister who started Pakistan's Nuclear Program was a Sindhi

• The singer who single handedly made Pakistan's music admired globally was a Punjabi 

• The Pilot who shot down 5 Indian fighter Jets within a minute was a Bengali

• The person who serves humanity without any discrimination is a Memon

• The Army general who defended Pakistan after the Indian attack in the Battle of Chawinda in 1965 was a Hazara

• The only Nobel Prize winner of Pakistan was an Ahmedi

• The Cricketer who took you to victory against India in India in 2005 test was a Hindu

• The only Pakistani to reach the status of becoming an advisor of United Nations Secretary General comes from an Ismaili Family...

Pakistan first!!!

*Cross-posted from a friends Facebook status 

Merry Christmas, Happy Birthday!

Merry Christmas to all and Happy Birthday Mr Jinnah - deeply sorry to how "we" have ruined and misconstrued your vision of a secular Republic Of Pakistan. A nation where the interests of all faiths, ethnicity, and cultures are secure under a single federated national umbrella. Hope someday, soon we can get it right! RIP Sir.


Cross-posting from my Facebook Status dated 25th December, 2012, Karachi
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Can Take A Horse To Water But Can't Make Him Drink It

You'd imagine someone from a poor background earning barely enough (~$100/mon) to support a family of 7 would be glad to have access to a decent and free Government School near his home. But no, the attitude that kids will only go the best or not go is prevalent at all levels of Pakistani society.

There is one individual with 6 six kids who go for private tuitions to learn Quran. But are not going to school as the tuition and admission fee is to high. Whereas the Government School near his house is free. I cited an example of another boy who just got his Metric through that same school, and now is en-route to doing his Inter.

Seriously, makes me wonder. Here you are with an opportunity to get your 6 kids educated - okay fine it's not the best school in the world, but it's decent enough for them to atleast become literate and maybe pass their Metric, more than what you had.

Government Schools, whatever one says about them however horrible the conditions do work - kids can get an okay education, enough to help their families out of poverty. And these schools are FREE.




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