http://archives.dailytimes.com.pk/editorial/16-Jan-2004/second-opinion-have-faith-and-despair-khaled-ahmed-s-urdu-press-review
"Columnist Irshad Haqqani wrote in "Jang" (18 December 2003) that he had written in one of his columns that abolishing the evidence of women in hudood cases was not correct because the Quran equated the evidence of two women with one man only in cases of registration of contract. He received a letter from Syed Zakir Hussain Shah Advocate who had been member of the Council of Islamic Ideology from 1990 to 1996. Shah said that he had stated the same position about the evidence of woman in hudood cases but was overruled by the rest of the Council members. The evidence of women is rejected in Hudood cases by four schools of Islamic jurisprudence: Hanafi, Maliki, Hanbali and Shafei. The Ahle Hadith and Zahri schools deemed that the evidence of two women should be equated with one man, but one woman should not give evidence. Under the Jafariya school women could give evidence with men and two would be counted as one man but women alone could not depose. Shah further said that the Quran did not clearly agree with these versions. Also since the four schools differed there could not be said to be consensus on disallowing women from Hudood. He wrote that in respect of "liyan" or the method of proving fornication through cursing, one woman's evidence was considered acceptable.
Mr Haqqani has sounded a heretical note. Justice Majida's report recommending that hudood be dispensed with and women allowed to give evidence under hudood laws has been opposed tooth and nail by the MMA, and men and women claiming to be guardians of the faith in Pakistan. Threats have been hurled in the general direction of the non-existent liberal lobby that if the hudood are removed from the statute book, the country will go up in smoke. No secular politician worth his salt has moved to support her cause (or Mr Haqqani) by denouncing the Council of Islamic Ideology (CII). Justice Majida's report was opposed by the erstwhile chairman of the CII, Dr SM Zaman, and that is like a divine fiat.
Pakistan will never set right what has gone wrong with the faith-based laws. Lawyer Syed Zakir Hussain was shoved aside when he reasoned with the CII. The Constitution is loaded against people like him. Article 228 of the Constitution says the CII should be composed of no less than 8 and no more than 20 members, one of them being a lady. Since scholars from all schools of thought are mandated, the President may appoint Deobandi, Ahle Hadith and Barelvi members. With the passage of time, the Council has become dominated by the hardline Ahle Hadith-Deobandi consensus enhanced by appointees of Jama'at-e Islami We don't know how the President fulfils the constitutional requirement that at least four members should be scholars of 15 years' standing. The truth is that CII will not accept reason. No matter what we do now by holding back appointments to the CII we will end up slaves of the clergy. The Constitution was framed by unthinking people when it came to the CII. In old days nations unable to set themselves right were conquered by others. These days changes are thrust down their throats from powerful elements located outside. But the fallout of that is despair and instability."
"Columnist Irshad Haqqani wrote in "Jang" (18 December 2003) that he had written in one of his columns that abolishing the evidence of women in hudood cases was not correct because the Quran equated the evidence of two women with one man only in cases of registration of contract. He received a letter from Syed Zakir Hussain Shah Advocate who had been member of the Council of Islamic Ideology from 1990 to 1996. Shah said that he had stated the same position about the evidence of woman in hudood cases but was overruled by the rest of the Council members. The evidence of women is rejected in Hudood cases by four schools of Islamic jurisprudence: Hanafi, Maliki, Hanbali and Shafei. The Ahle Hadith and Zahri schools deemed that the evidence of two women should be equated with one man, but one woman should not give evidence. Under the Jafariya school women could give evidence with men and two would be counted as one man but women alone could not depose. Shah further said that the Quran did not clearly agree with these versions. Also since the four schools differed there could not be said to be consensus on disallowing women from Hudood. He wrote that in respect of "liyan" or the method of proving fornication through cursing, one woman's evidence was considered acceptable.
Mr Haqqani has sounded a heretical note. Justice Majida's report recommending that hudood be dispensed with and women allowed to give evidence under hudood laws has been opposed tooth and nail by the MMA, and men and women claiming to be guardians of the faith in Pakistan. Threats have been hurled in the general direction of the non-existent liberal lobby that if the hudood are removed from the statute book, the country will go up in smoke. No secular politician worth his salt has moved to support her cause (or Mr Haqqani) by denouncing the Council of Islamic Ideology (CII). Justice Majida's report was opposed by the erstwhile chairman of the CII, Dr SM Zaman, and that is like a divine fiat.
Pakistan will never set right what has gone wrong with the faith-based laws. Lawyer Syed Zakir Hussain was shoved aside when he reasoned with the CII. The Constitution is loaded against people like him. Article 228 of the Constitution says the CII should be composed of no less than 8 and no more than 20 members, one of them being a lady. Since scholars from all schools of thought are mandated, the President may appoint Deobandi, Ahle Hadith and Barelvi members. With the passage of time, the Council has become dominated by the hardline Ahle Hadith-Deobandi consensus enhanced by appointees of Jama'at-e Islami We don't know how the President fulfils the constitutional requirement that at least four members should be scholars of 15 years' standing. The truth is that CII will not accept reason. No matter what we do now by holding back appointments to the CII we will end up slaves of the clergy. The Constitution was framed by unthinking people when it came to the CII. In old days nations unable to set themselves right were conquered by others. These days changes are thrust down their throats from powerful elements located outside. But the fallout of that is despair and instability."
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