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Man Stoned to Death in Nowshera

Picture for illustrative purposes

In another barbaric act, a person has lost his life for having alleged illicit relations with a woman who was working as an intern at his tailoring shop. Though proponents of such an act would claim that the Holy Quran calls for stoning as the sentence against Adultery but may I ask people to tell us what happens to court and trial? What about the appeal by the person against whom the act has taken place? What about the people who act as false witnesses?

Can also someone research that how many instances of stoning took place during the era of the Holy Prophet PBUH and caliphs?

Reading the news in Dawn, my mind went to the book and movie titled “The Stoning of Soraya M.” where a married woman with four children is stoned to death in Iran in 1986 for dishonoring her husband. The husband wants to get rid of her wife so he could marry a 14 year old but doesn’t want to divorce so that he doesn’t have to pay support. He uses the local imam for support of stoning of his wife. It’s a pity that such things happen even now. The government must act and strongly bring the perpetrators to justice.

Man Stoned to Death in Nowshera

Dawn-June 22, 2010

NOWSHERA, June 21: A young man was allegedly stoned to death by three persons in Pir Pai area of Nowshera on Monday.

In his complaint lodged with police, father of the victim said Bashir, his brother Naseer and another unidentified man dragged his son Suhail Hakeem, who ran a tailoring shop in Pir Pai Bazaar, out of his shop and took him to Lalabad stream where he was repeatedly hit by stokes.

Mir Hakeem said he reached the spot along with his son Farooq and tried to rescue his Suhail, but the three men also threatened them of dire consequence if they came to his help.

He said they escaped from the scene after killing his son.

The motive behind the murder is stated to alleged illicit relations of the victim with a woman, who was working as an as interne at his shop.

The police registered a case against the three men and conducted raids to arrest them

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Ahmed Iqbalabadi

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  • The Quran DOES NOT senction death by stoning. The brute law is from an obscure hadith. Tthe writer needed to know this. That is why even our liberals are sometimes all at sea.

  • source :www.chowk.com
    Supporting Moratorium on Capital Punishment

    Reprieve for the Condemned and Islamic Law

    October 10th was marked as anti-death penalty day worldwide. Its sham
    that government’s July 2nd decision to commute the death sentence of
    7400 death row prisoners that was applauded across the globe is yet to
    be honoured by deed. Despite undertakings by Prime Minister Gillani
    before the parliament and reaffirmed by the newly elected President
    Zardari in his inaugural press-conference. The lives of 7400 death row
    inmates still hangs by a narrow thread and their prayers of
    deliverance to Almighty Allah thus far remains unanswered, though they
    have fasted and repented through the blessed month of Ramadan. It’s
    reported that a few have been already executed since the announcement
    is alarming and scandalous
    The coalition leadership, like my brother (Mirza Tahir Hussain) have
    spent long terms in jails often on questionable evidence and know from
    experience how vital it is to reform the outdated system. That is
    increasingly used to settle social, political and sectarian grudges.
    Due to commitments of the world-wide coalition against the death
    penalty and our extensive lobbying efforts the EU sponsored UN
    resolution was passed last year with overwhelming majority to abolish
    the death penalty world-wide.

    Islamic law is also underpinned by strong notions of mercy and
    compassion despite stereotypical characterization of Islam that
    implies it is a medieval, retributive and oppressive religion. Even
    when the Archbishop of Canterbury Dr Williams and Lord Philips (the
    highest judge in England) stand up to defend the application of Sharia
    in matters of personal and civil law in England, they are condemned
    furiously. Sharia conjures up the most horrific images of public
    beheadings, stoning and amputations that flash before the public’s
    imagination. However those with slightest of knowledge would know
    better that as in all religions, there are ‘progressive’ and
    ‘conservative’ strands of thought and Islam is no exception.

    There is so much diversity within the Muslim-world even with many
    aspects of religious doctrine both in law and practice. This is
    vividly demonstrated with regards to the application of capital
    punishments. Almost 30 of the 60 ‘Islamic’ countries have abolished or
    have moratoriums in place. For instance the Republic of Maldives lead
    by a conservative, Al-Ahzar educated head of state, has not executed
    anyone for the last 55 years. Another example is Brunei Darussalam
    ruled by a Sultan, has not carried out any death sentence for over
    half a century. Benin, Ghana, Niger, Tanzania, Surinam, Tonga and
    Tunisia had moratoria for over 10 years. Although Algeria, Kazakhstan
    and Mali have death penalty on the statute book, they have decided to
    freeze all executions.

    Another set of countries have abolished the death penalty altogether
    for all crimes namely Albania, Bosnia, Djibouti, Kyrgyzstan,
    Mauritius, Senegal, Tajikistan, Turkey and Turkmenistan.

    Whilst conducting research for this article I spoke with a number of
    muftis and jurists in these countries and majority were of the view
    that this is indeed in conjunction with Quranic principles of
    clemency.
    Although the ‘law of equivalence is ordained for murder’ however the
    word Qisas has a lot wider meaning in the Arabic lexicon. ‘The
    objective of punishment can be achieved short of death or execution’
    to use a phrase from one of the conversations.

    The Holy Quran contains about 6,219 verses; however no more than 600
    in particular deal with legal matters, mainly with areas of family law
    such as divorce, marriage, inheritance and prohibitions. Only a few
    mention capital offences with punitive injunctions. The latter are of
    two types namely, ones where the punishment has also been prescribed
    by the Quran, secondly those where the punishment is left to Ulu’
    al-Amr (experts) or jurists to determine as per exigencies of
    particular circumstances. For example, in the case of intoxicants
    (wine), its prohibition is ordained but the punishment has not been
    prescribed for its non-observance.

    The verses dealing with capital offence of murder and carry punitive
    measures have an emphasis on clemency are quoted as follows;

    “O believers, ordained for you is Qisas (pursuit of the offender
    through due process of law) for the murdered; the free for the free,
    the slave for the slave, the woman for the woman [murder is a
    punishable crime as everybody is equal before the law regardless of
    status and gender. The offender is alone responsible for their actions
    not the wider clan or his/her master so to avoid collective punishment
    which was a common practice in pre-Islamic times amongst Arabs]. But
    he who is pardoned some of it by his brother [brother mean the wider
    brotherhood of believers, the Muslim community or State because not
    all victims have a blood brother] should be dealt with equity, and
    recompense (for blood) paid with grace. This is a concession from the
    Lord and a kindness. He who transgresses in spite of it shall suffer
    painful punishment. In Qisas there is life (and preservation). O men
    of sense, you may haply take heed for yourselves. (Al-Baqarah 2-178/9)

    That Qisas, in the Qur’anic terminology, is not lex talionis or law of
    retribution has been implied by many translators of the Quran. The law
    of retribution is mentioned in Chapter five, the Feast (5-32 & 45)
    with reference to the children of Israel and the Law of Moses. Qisas
    is unique in its meaning; it can not be simply translated as
    ‘retaliation’. The ‘literal’ meaning of this word from the classic
    Arabic lexicons is ‘to pursue someone’ or ‘to investigate by following
    ones footsteps’ [for references see Taj al-Arus (Dictionary), by Imam
    Muhibb al-Din abu-l-Faid Murtada] Although Al-Raghib Al-Isfahani, in
    Al-Mufradat fi Gharib al-Quran, The Dictionary of the Quran, does say
    ‘blood in pursuit for blood’ is deduced by the learned scholar and is
    his understanding of the verse.

    In this case the criminal is pursued in such a way that he/she is held
    accountable. It means that in the Quran, no crime shall remain
    untracked and calls for a flawless and firm system of investigation
    and due process of law to bring to account the culprit and provide
    security and peace for society.

    It is not for a believer to take a believer’s life except by mistake
    and he who kills a believer by mistake should free a slave who is a
    believer, and pay blood-money to the victim’s family unless they
    forego it as an act of charity…. But he who has no means (to do so)
    should fast for a period of two months continuously to have his sins
    forgiven by God, and God is all-knowing and all-wise.

    And there (in the Torah) We had ordained for them a life for a life,
    and an eye for an eye, and a nose for a nose, and an ear for an ear,
    and a tooth for a tooth, and for wounds retribution, though he who
    forgoes it out of charity, atones for his sins. And those who do not
    judge by God’s revelations are unjust. (Al-Ma’idah 5-45)

    ..Nor take life, which Allah has made sacred, except for just cause.
    And if anyone is slain wrongfully, We have given his heir authority,
    (to redress); but let him not exceed bounds in the matter of taking
    life: for he is helped (by the same Law). (Surah Bani Isra’il’, 17-33)

    Everybody should be treated justly it is said in sura, Al-Nahl, The Bees;

    Verily God has enjoined justice and benevolence, the giving of gifts
    to your relatives and forbidden indecency, impropriety and oppression.
    (The Bees, 16-90)

    Even the enemy should be treated with fairness and justice without bias;
    O you who believe, stand up as witnesses for God in all fairness, and
    do not let the hatred of a people deviate you from justice. Be just:
    This is closest to piety and beware of God. Surely God is aware of all
    you do. (The Feast , Al-Ma’idah, 5-8)

    It’s obvious that the above verses are addressed to the wider
    community of believers and not just the victim and the offending
    party. Since the affairs of society are regulated and constituted by
    State, the instrument of God’s mercy as mentioned in the Holy Quran
    can be exercised by both the agency of man (individual) and the State.

    Right of the freedom of religion also finds explicit expression in the
    Quran. There is the complete freedom to adopt or forsake whatever
    religion one likes.

    There is no compulsion in matter of faith. Distinct is the way of
    guidance now from error. He who turns away from the forces of evil and
    believes in God, will surely hold fast to a handhold that is strong
    and unbreakable, for God hears all and knows everything. (Al-Baqarah
    2:256)

    No human being can be subservient to another. Nobody can have the
    right to rule other people and browbeat them into following one’s
    religion. Not even the Prophet of God had that right.

    “No human has the right, even though God may have given him a ‘code of
    laws’ or the power to enforce it or even Prophet-hood that he should
    say unto mankind: ‘Be subservient to me instead of God’ (Al-‘Imran
    3-79)

    It is apparent from these verses that capital offence for blasphemy is
    repugnant to Quran and Sunnah (the examples of the noble Prophet).

    In the Holy Quran there is no punishment for ‘Murtad’ (an apostate).
    When freedom of religion is the basic principle, then why should there
    be a punishment for change of religion or for that matter blasphemy?
    Since no punishment for such offences is to be found in the primary
    sources of Islamic Law or life and examples of the Prophet Mohammed
    himself, then we need to re-examine these outdated laws imposed by the
    cruel Kings during periods of turmoil when Muslims felt vulnerable to
    abuse and slander. It’s about time these laws are scrutinized,
    reformed and brought into line with 21st century realities and
    universal human rights norms which are in accordance with Quranic
    principles. This viewpoint finds concurrence with the comprehensive
    report of Pakistan’s Council of Islamic Ideology published in 2007.

    The death penalty is unnecessarily invoked when justice and legality
    can be achieved with alternative punishments. The message of the Holy
    Prophet Mohammed is one of mercy, compassion and sanctity of life. The
    Quran clearly states that; ‘retribution (eye-for-eye) shall be
    forgiven out of charity so that those who forego it, will atone
    thereby sins of the past (5:45).’ In this verse the law of retribution
    is described. Both Jews and Muslims are encouraged to forego it out of
    charity which underpins the strong notions of mercy that are found
    throughout the Quran.

    I am sure all these 30 or so Muslim countries weren’t bewitched and
    succumbed to the ‘pressure’ from the ‘West’ as is being suggested in
    the case of Pakistan that merely granted a reprieve as per PPP
    governments long held policies and publicly stated commitments.
    Besides they won overwhelming backing at the ballot box and are
    empowered through the democratic process to carry forward their
    programme. This reprieve is not the first act of clemency granted by
    the State: there are several major cases in law and practice which had
    the approval of the Supreme Court of Pakistan.

    It is also disconcerting to note that due to the behaviour of
    conservative ulema and some states it is inferred that ‘Islam favours
    death penalty’. It is obvious that there is no monolithic Islamic
    opinion on this issue in the Muslim world. It has probably more to do
    with their narrow, selective interpretations of Quran, the traditions
    and the unreliable precedents from history. As for Gulf States, it’s
    the block-voting habits of these nations along with other retentionist
    states like China, Singapore, Japan and USA at international forums
    and their tactics designed to thwart the emerging international
    consensus on human rights world-wide. Their speeches and arguments are
    based upon narrow notions of culture, religion, nationality and
    revolve around ‘surrendering’ national sovereignty to International
    Human Rights Instruments and the International Court at The Hague. In
    spite of misconceptions, Islamic law is balanced and objective with
    strong undercurrents of moderation and sympathy for the subjugated.
    Punishments ordained are meant to be free of any spirit of vengeance
    or torture with strong emphasis on reconciliation and social harmony.

    However, there are wider aspects of this issue in Pakistan that remain
    a great concern to the international community and to those of us who
    have been adversely affected by it personally. Whilst recognizing that
    miscarriage of justice occurs in all countries and the West is no
    exception (ones of the reasons why death penalty has been abolished
    together in over 90 countries, despite the fact that some of them have
    well developed criminal justice institutions). Pakistan, it seems, is
    more susceptible to it than other places mainly due to the confused
    combination of secular and religious laws which run parallel to each
    other, neither of which are implemented in true spirit and form. For
    instance at the time independence in 1947 death penalty was invoked
    for just two crimes, namely murder and treason. Today 27 crimes carry
    the death sentence, including blasphemy. The sentence is applied
    arbitrarily. There is consensus emerging amongst reasonable and
    objective jurists and civil society that Pakistan needs serious help
    for reform.

    The Asian Development bank loaned $400 million to improve the criminal
    justice system. However more is needed to be done in terms of
    organisational reform, judical independence that is free from cultural
    and political manipulations, as well as sectarian influences favouring
    a particular school of thought.

    Several other reports indicate that the criminal justice system in
    Pakistan needs a complete overhaul. The judges are over-worked. Only
    600 magistrates deal with 70% of the cases for a population of 170
    million, compared with 30,000 magistrates in UK dealing with a
    population of 50 million people. Lengthy appeal processes leads to
    overcrowding in prisons. In addition to cultural and religious
    insensitivities, financial constraints are also a major factor. Also,
    Pakistan has rudimentary defence counsels that are paid approximately
    Rs500 per case and no legal aid is available for defendants. A
    majority of those sentenced to death are poor, whilst those who are
    able to afford legal representation and happen to come from the
    minority communities such as the Ahmadi’s and Christians who continue
    to face religious discrimination and bias. The probation and
    rehabilitation service is considerably undeveloped and often
    non-existing in practice. The welfare of inmates and those released
    having spent long time in prison are left to fend for themselves or at
    the mercy of society and the charities. The forensic facilities are
    outdated with broken equipment and laboratories that are not fit for
    purpose altogether. Hence the overwhelming reliance is placed on oral
    and circumstantial evidence that is calculatedly exploited by clever
    litigants, often resulting in gross miscarriages of justice.

    It’s apparent that the higher penalties are the exception and not the
    norm in Quran. The emphasis is overwhelmingly towards rehabilitation
    of the offender, monetary compensation for the victim’s kin,
    forgiveness and atonement. Fraught as Pakistan’s situation is at the
    moment, lawlessness and terrorism only increases if we over step the
    rule of law itself. Human history, behaviour sciences and statistics
    indicate that societies based upon fairness and respects for human
    rights are peaceful and pluralistic then those that practice vengeance
    and retribution.

    Under such circumstances it is expedient to exercise prudence and
    echoing the word of Amir-ul Momineen, Hazrat Umer bin Khtab, “better
    to set free 100 offenders than to put to death an innocent person.�?
    Another reformer Caliph Umar ibn Abdul-Azîz has said “Better that I
    should err a thousand times in pardons rather than err once in the
    application of a penalty.�?

    Moratorium is a much safer alterative because the element of ‘mistake’
    can not be ruled out under the conditions that currently prevail in
    Pakistan and justice can serve its course without executions.

  • Agreed that the law was presented centuries ago. But now you have a police and a judicial system in place. Why do you take law in your hands? Let the courts decide about this. I must say that these events trigger the manipulation of religion for personal agendas.

  • Religious extremism traces its roots in the widespread hate speech spread by clerics, groups and individuals. Such ideas further indoctrinate the masses with false notions of violence and a perceived glorious past; the state should take coercive messages to stop this dissemination of propaganda.

  • hi m from this nonsense and village n m sadly and angerly say’s that our people were still backward n also uneducated due to which they were killed the otherz very easliy without any meanfull reason n the best e.g z for this z only that ma own uncle were killed by sum 1’s ideots today in pirpai village nowshera so nothing lil i say in this now that what the hell with these people gonen n becoz people were dieing every day with out any reason…………kkk….take carezzzzzzzzz…………..u all bye ur friend junaid khan…………

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