Friday, May 16, 2014
Thursday, May 15, 2014
Democracy’s Backdoor
There is news that the government
of Pakistan has sought permission of the supreme court of Pakistan to re-appropriate
Rs. 12.5 billion of development funds of the current budget to finance cost over-runs
or accelerated expenditures of some projects. Whereas it shows the ineptness of
the budget makers, it also shows the immaturity of the lawmakers.
In its judgment in December, 2013
in the case of dishing out 47 billion rupees to friends and family by the then
prime minister of the other party, the SC had held that discretionary funds of the
prime minister were unconstitutional and allocation and disbursement of
development funds should be done in accordance with articles 80-84 of the
constitution and according to established rules.
It is strange that the government
of Mr. Nawaz Sharif prefers to have the supreme court do the work of the
parliament. Why can’t the government introduce a supplementary bill to amend
the allocations of the budget for the current year? If there is some hitch, it
should move a constitutional amendment to make it possible.
It is a pity that both democratic
governments and military dictators in Pakistan give the judiciary the status of
a super-dictator when they need to get their own ill actions justified and then
try to cut it to size.
I hope that this time the Supreme
Court of Pakistan will not allow itself to be deceived and misused.
Sunday, May 04, 2014
Crime and Punishment
Legislation,
whether it is the word of an autocrat or the act of a parliament, is basically
a manipulation of rights. A law requiring every citizen to pay ten percent of
his income as tax, effectively takes away the right of each citizen to spend
ten percent of his income according to his will and transfers it to government
agencies. A person who is sentenced to five years imprisonment essentially
loses his right of free movement and free speech for that period. The concept
of democracy derived from ancient Greek literature and developed mostly in
Europe concedes the unlimited authority of sovereign kings to bodies of elected
lawmakers, leaving the electors just as subservient as before. And if someone
commits a crime or is suspected of involvement in one, he or she immediately
forfeits all his or her rights except the one to remain silent, if it is a
right at all. Indeed, a total dismissal of right-manipulation would amount to
social stagnation which has been obviated by the evolution of constitutional
democracy which guarantees certain basic rights for individuals, subject to
periodic amendments.
The
Qur'an provides believers and nonbelievers alike with certain non-negotiable
rights. These non-negotiable rights cannot be compared with constitutional
rights as state constitutions are liable to amendment by some procedure or the
other, while Qur'anic rights are permanent and inviolable in a true and absolute
sense. The rulers are not permitted to legislate in contravention of these
rights and if they do so they lose their mandate to rule. Even if the violation
of these rights is not redressed in this world, the Qur'an promises that
justice will be done on the Day of Judgment. However, in Islam also there are
transient or situational rights. If a woman dies childless, her husband and
brothers get shares in her legacy. But if she is succeeded by children then the
brothers get nothing.
In
Islamic jurisprudence, the State is responsible for apprehending criminals and
exacting retribution or compensation on behalf of the aggrieved party or
instituting punishment on behalf of God, but the right of retribution or pardon
rests solely with the aggrieved party. The State is also responsible for
ensuring that an innocent person is not punished or blamed. The emphasis on
freedom of movement is so great that if one studies carefully the Qur'anic
injunctions on crime and punishment it becomes apparent that imprisonment is
not really an acceptable mode of punishment in Islam. The underlying philosophy
can be summed up by saying: If people commit crimes, you may whip them, cut off
their limbs, even take away their lives, but do not deprive them of their
freedom. And this principle is consistently maintained in all its exhortations.
These punishments, to a naïve observer may appear to be quite inhuman. But then
the fact is that they were not instituted by a human at all. They were ordained
by a Being that created all living beings, and has the eventual declared
intention of destroying them. However, historic records indicate quite clearly
that the implementation of these punitive measures invariably results in
dramatic reduction of crime rate and thus the net measure of grief experienced
by a community is reduced to a negligible amount. Moreover, the rules of
evidence and conviction are so thorough, and the risk involved in reckless
adjudication is so alarming that the possibility of irreversible damage to
innocent individuals becomes minimal. Theoretically, in the Islamic system of
justice it is not only the witnesses that are under oath to tell the truth,
nothing but the truth; the judges are also under oath to do justice, nothing
but justice. And the lawyers are also under oath to pursue facts and nothing
but facts in the conduct of proceedings, and not to present false evidence or
make false allegations. Perhaps, it would be a good idea if the latter oaths
are also visibly and audibly taken in courtrooms at each session. Furthermore,
until a minute before the administration of punishment, the culprit has the
opportunity of regretting his conduct and offering compensation or begging
mercy from the victim or the aggrieved party. If the criminal is arrogant
enough to give a limb rather than own up a proven crime and make reparations
for it then his undoing is by his own choice. Basically, every crime stems from
its perpetrator having contempt for his victim and its effect can only be
reversed by restoring the self-respect of the victim or the aggrieved party.
Most
sociologists agree that in civilized communities, crime is not an entirely
individual responsibility. In some way or the other, the whole community has to
take a certain amount of blame. If only every individual in a community
exercised his responsibilities to others, and took good care of those in need
of attention -- physical, financial, material or psychological, then there
would simply not be any crimes. Perhaps the best way of making the members of a
community aware of their negligence is to subject them to the unsavory
spectacle of public executions and other implementations of the ordained
punishment. In this way it is not the state or government, but every member of
the entire community that shares the guilt and agony of the punishment; and
becomes aware or the need for action to eliminate the causes of crime. Open
trial and open punishment is the ideal way to prevent the possibility of
injustice or sadistic manipulation in prisons. Although it is a fact that the
Qur'an allows the use of extreme forms of punishment with incisive physical and
social impact, it is not necessary that these must be practiced thoughtlessly
and indiscriminately or whimsically to satisfy the sadistic tendencies of
certain individuals or to create political intimidation. Instead, the Qur'anic
injunctions on punishment should be regarded as legislative limits; for
example, the maximum punishment for theft can be the loss of a limb and not the
loss of life under any circumstances. At the same time, it makes sense that in
a community where police or an equivalent security arrangement does not exist,
someone who catches a thief red handed would be well advised to chop off his
hand if one does not want to be shot in the back as soon as the unrepentant
robber gets an opportunity.
Law and morality are
so closely intertwined in Islam that any attempt to separate the two strains
the social fabric and produces violent reactions. Islamic logic also differs
from Greek logic as it places ethical restraints on the length to which an
argument can be extended. The holy Qur’an repeatedly admonishes against
exceeding the limits (hudood) established by Allah e.g. killing someone for an
act of theft for which the maximum punishment is the loss of a limb.
For
purposes of the application of `Hudud'
i.e. Qur'anic limiting punishments, guilt has to be proven by the sworn
testimony of up to as many as four trustworthy eyewitnesses. The testimony of
criminals or accomplices or circumstantial evidence does not suffice for
conviction and someone who perjures himself may be barred from appearing as a
witness for life. Moreover, even if a criminal escapes punishment, he knows
exactly what he deserves, and each time he sees or hears about a public
implementation of ordained punishments, his conscience is jolted. Similarly, in
the Islamic system the criminal finds it extremely risky to conceal a crime by
committing another, or to intimidate others by boasting about his crimes since
there is no mercy after confession. The system appears to be designed to
eliminate crimes and not criminals by putting everyone even slightly suspect of
bad behavior into prison. Nor does it try to bring peace and tranquility to
society by eliminating the victims by elaborate security arrangements for those
who can afford it and ignoring the screams for help by those who can't. In
psychological terms, the Qur'anic penal code and concept of divine punishment
and reward lead people to associate crime with pain and humiliation both on an
individual and collective scale while, at the same time, linking comfort and
honor with acts of piety. The idea seems to be that initially the punishments
would help to reform the society and the effect would be sustained by the
promised rewards.
To tell
the truth, the Islamic system of extreme punishments, in order to be effective,
requires a certain amount of true Biblical heritage in the form of total
commitment, strong sense of attachment, and spiritual significance of
association. The underlying motivations can hardly be grasped by someone who
has been educated in an insurance based culture where one turns a blind eye to
the burglar so that one may buy with the insurance claim the latest model of
the article being stolen. Hence, not surprisingly, many Muslim scholars regard
insurance as being averse to the spirit of Islam. However, it is equally true
that in communities where economic fortunes of large numbers of people are
associated with the prevention and aftereffects of crime or accident, Insurance
seems to be the only institution other than public representatives which has a
genuine motive to check the rate of increase in crimes and accidents -- albeit
only to the extent that insurance itself does not become superfluous.
The real
conflict between Islamic and secular legal perceptions seems to lie in their
treatment of rules of conduct. In the secular system criminal laws and rules of
conduct are more or less clearly segregated; the breaking of law results in the
suspension of basic rights and institution of prescribed punishment whereas a
violation of rules of conduct can only be penalized by social pressures which
don't seem to be effective in modern industrial cultures. In Islam, the
distinctions between enforceable law and rules of conduct have become quite
faint due to various scholarly edicts or "fatwa" pronounced over the centuries. Much dissent and discord
has also been caused by scholarly legislation in not only Islam but also other
religions. Fortunately in Islam the superior law exists in the Qur'an and rules
of conduct can be formulated by popular or representative legislation. In doing
so, the verses preceding and following the definitive verses should also be
consulted for guidance. One example is given below:
5:38.
And (as for) the man who steals and the woman who steals, cut off their hands
as a punishment for what they have earned, an exemplary punishment from Allah;
and Allah is Mighty, Wise.
5:39.
But whoever repents after his iniquity and reforms (himself), then surely Allah will turn to him
(mercifully); surely Allah is Forgiving, Merciful.
5:40. Do
you not know that Allah-- His is the kingdom of the heavens and the earth; He
chastises whom He pleases; and forgives whom He pleases and Allah has power
over all things.
The interesting question that needs to be pondered is what happens if a community of Muslims decides unanimously or by majority vote to structured punishments for crimes within the limits ordained by Allah. Surely, Allah is merciful and forgiving.
Friday, April 25, 2014
Hamid Mir's Injuries
The
recent nonlethal light pistol assault on the vehicle carrying senior journalist
and TV interviewer Hamid Mir near Karachi airport seems to have raised a storm
in a teacup. Thank God he suffered minor bullet wounds and is fast recovering,
but it is not yet established whether Mr. Mir was the intended victim or it was
a case of mistaken identity. The car in which he was travelling is a common
model and color. The choice of weapon was definitely unprofessional if the
intention was to kill someone in a moving vehicle. Yet there was an instant outrageous
allegation suggesting that the ISI chief had attempted to have him murdered.
This is bad journalism. It appears that the affairs of Geo TV are run entirely
by young and impulsive announcers without any editorial review or management
control. If they had suspicion of ISI men being involved in the case, Mr. Mir
and Geo TV should have complained to the ISI chief and demanded action rather
than committing an act that could be branded as unpatriotic. The owners of Geo TV should start paying also
attention to matters other than ad revenues.
As
for the public response to the case, it shows that the people of Pakistan are
sick and tired of ‘spyocracy’ – an affliction also suffered by other
democracies such as India, USA, Britain, Israel etc. due to exaggerated threat
perception. The political leaders of these countries need to join heads to find
ways to reduce the threat perceptions hence interference by spy agencies.
Monday, April 07, 2014
Facebook Posts
·
When will the Children of Israel
grow up?
·
The Holy Qur'an is a Book of Wisdom,
not a book of mantras.
·
PKR is now worth more than 1 US
cent. Mr. Dar has delivered in 9 months. Congrats.
·
I am not the greatest. He is.
· In his first term Mr. Nawaz Shareef
had built a town in Punjab with donations from Muslim countries for the
repatriation and housing of Biharis from Bangladesh. But when they stated
arriving, trains taking them from Karachi to Punjab were stopped in interior
Sindh and the Biharis were searched and killed. The plan was abandoned.
·
I recall having read somewhere that
way back when the Pakistan movement was in full swing someone had suggested
that a committee be formed to draft Pakistan's constitution in advance; to
which Quaid-e-Azam and some other senior leaders had replied that there was no
need for such an effort as The holy Quran was going to be the constitution of
Pakistan. But it seems that after achieving independence the spirit was lost.
·
Artificial sweeteners do not attract
ants.
·
Taqwa defined in the holy Qur'an: [2.177]
It is not righteousness that you turn your faces towards the East and the West,
but righteousness is this that one should believe in Allah and the last day and
the angels and the Book and the prophets, and give away wealth out of love for
Him to the near of kin and the orphans and the needy and the wayfarer and the beggars
and for (the emancipation of) the captives, and keep up prater and pay the
poor-rate; and the performers of their promise when they make promise, and the
patient in distress and affliction and in times of conflict --- these are they
who are true (to themselves) and these are (Muttaqeen) who guard against evil.
---Translated by M. H. Shakir.
·
What an irony. Pervez Musharraf is
the latest missing person in Pakistan and the government is unable to produce
him before the court.
·
Today is the first day of the rest
of your life. Celebrate it!
·
Happy New Gregorian Year 2014 to all
who will notice this entry. Let us resolve that this year we shall not repeat
the mistakes of last year and try our best not to make new ones by trusting and
consulting others before taking a decision. Let us also resolve that we shall
treat everyone as a good person unless proven otherwise and keep our lines of
communication open via FB and other conceivable channels for everyone.
·
I wish to thank everyone who called
or sent a message on my birthday today. I am wondering about what I achieved
during the last one year and what should be my targets for the next. One thing
is obvious: I must do something admirable to make my next Birthday celebrations
worthwhile. Since I have managed to stay alive during the last year, I should
be able to do the same or even better next year. Do you agree with me?
·
Growing up means gaining control
over ones emotions, actions and expressions. Children have no control and old
people begin to lose it. So exercise it while you have it.
·
Allah! On this auspicious occasion
of Eid-ul-Fitr, please grant lasting happiness and continued success to all my
family and friends on Facebook and elsewhere.
·
I have stopped believing in prayers
and wishes. Let us work together and ensure that in the coming years:
1. Nobody sleeps hungry.
2. No bullets are fired or rockets aimed at or bombs dropped on human beings.
3. No one suffers a loss due to the dishonesty of another person.
4. No truth worth knowing by people remains concealed.
5. No call for help goes unnoticed.
1. Nobody sleeps hungry.
2. No bullets are fired or rockets aimed at or bombs dropped on human beings.
3. No one suffers a loss due to the dishonesty of another person.
4. No truth worth knowing by people remains concealed.
5. No call for help goes unnoticed.
·
I am 66 now which looks like opening
inverted commas, so the rest of my life will be a quotation ending at 99?
·
" For this reason did We
prescribe to the children of Israel that whoever slays a soul, unless it be for
manslaughter or for mischief in the land, it is as though he slew all men; and
whoever keeps it alive, it is as though he kept alive all men; and certainly
Our apostles came to them with clear arguments, but even after that many of
them certainly act extravagantly in the land."
---The Holy Quran Chapter 5, Verse 32.
---The Holy Quran Chapter 5, Verse 32.
·
Why isn't anyone calling the Nato
attack on Pakitani military post an act of war?
·
If you have nothing to do then READ.
Reminds you of something?
·
"...People of accomplishment
rarely sat back and let things happen to them. They went out and happened to
things."
---Leonardo Da Vinci
---Leonardo Da Vinci
·
Why are most People right-handed?
Best answer gets a reward.
·
Why are most People right-handed?
Best answer gets a reward.
·
A perfect human being is one who has
never hurt anyone in any way.
·
Here is a quote from a Hindu
religious book:
It is improper to ever forget a kindness, But good to forget at once an injury received. The deadliest injury is effaced the moment The mind recalls a single kindness received from the injurer.
- Tirukkural 11:108-109
It is improper to ever forget a kindness, But good to forget at once an injury received. The deadliest injury is effaced the moment The mind recalls a single kindness received from the injurer.
- Tirukkural 11:108-109
·
If you start playing a game with
someone who does not know your game, you will only defeat yourself and feel
bitter.
·
There is a verse in the Holy Qur'an
that I translate as meaning "
Spouses should tailor themselves for each other."
·
Eid Mubarak. On one day in every
year The Creator gives you the power to reward yourself for all your good deeds
of the past year. Have you decided on what you deserve this year? I am sure you
deserve the best.
·
According to an ancient belief, the
world came into existence when the contraries (opposites) separated out of
nothingness.
·
If you can't explain convincingly to
a lay person what you are going to do, then most likely you won't do it right.
That is the principle behind parliament.
·
Marriage is an agreement to be
employed as a husband or wife and to take additional responsibilities as father
or mother with happiness in life as wages and grandchildren as bonus.
·
Q: What is the difference between
girls and women? A: Girls grow up, but women don't.
·
Thought for the day: The smell in
your kitchen is the same as what you are cooking to serve to others.
Friday, March 28, 2014
Musharraf’s Misery
The trial of retired president Pervez Musharraf is taking
such a nasty turn that it seems necessary to examine the facts.
I shall refer to him as retired president Musharraf, as I
believe that a man should be called by the last or highest post he held. In my
opinion he seized to be a general as soon as he assumed the office of full-time
chief executive or president of Pakistan. If he had obtained approval of Supreme
Court of his time under duress for holding two posts, that judgment should be
considered null and void and the justices should not be ashamed to admit it.
Let us reconstruct history in the light of the public
statements of Mr. Musharraf himself.
Since he returned to Pakistan in March, 2013 he has
repeatedly said that he is ready to face all legal and constitutional charges
against himself. He promptly went to various courts to obtain bails in all the
cases registered against him and on the 2nd January, 2014 he was on
the way to the judicial commission when his vehicle suddenly changed course and
ended up in the military cardiac institute. The public has not heard from his
own mouth that he was sick or is in pain. Is Mr. Musharraf a free man and is he
taking his own decisions? Are his lawyers saying what wants to be said?
In August, 1988 when General Zia ul Haq had dismissed the
Junejo government and fresh elections were called in which Peoples Party seemed
favorite to win, questions were being raised if he could be tried for treason
under article 6 of the constitution in spite of the 8th
constitutional amendment. He died in a military transport plane crash on 18th
August the same year and was saved the indignity of a treason trial. Could it
be that this time the wolf actually showed up and the detour of his vehicle was
actually a hijacking? Only the man himself can tell and a live television
interview of retired president Pervez Musharraf has become overdue.
As for the case itself there are many possibilities. In his
television speech he had said that he had declared emergency in the country.
Did he really believe that the document he had signed was in line with the
provisions of the constitution? Later he had admitted that what he did on that
day was a mistake? We need to know exactly what had happened on that day, so
that if there are any civilians who machinate military dictatorships and bring bad name to the armed forces, they may
be exposed.
Subscribe to:
Posts (Atom)