Articles > English > Lies & Distortions By The Media About Hudood Ordinance
October 21st, 2006 by Abdul Rehman
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12. A Law of One Man Imposed on Others
One of the most widespread misconceptions in our country is that the hudood
ordinance was a law made by a ‘horrible’ Zia-ul-Haq, as a political weapon
and to impose his distorted Islam on the hapless nation.[38]
At the outset, it is indeed amazing that the media & NGOs themselves yell
not to politicize this issue and yet, they themselves present such an
objection!
Gen. Zia-ul-Haq is no more between us, but, these laws are. These laws are composed of sections & articles and do not think or feel; so, we have to discuss these laws and not who promulgated them. Whatever were the motives for enforcing these Ordinances, Allah alone knows best (since we can’t peep into anyone’s heart) & above all, it does not matter now.
After refuting the above argument, we now come to unveil the most widespread rumor i.e. hudood laws were made by a single man. After the third military takeover in the history of Pakistan, Gen. Zia-ul-Haq was destined to be the ruler of Pakistan. He reconstituted the CII (Council of Islamic Ideology) in 1977, after which, it consisted of the following members:
1. Justice (R) Muhammad Afzal Cheema [Chairperson]
2. Justice (R) Salahuddin Ahmed
3. A.K. Burohi (d. April 2, 1978)
4. Khalid M. Ishaque, Advocate
5. Maulana Mohammad Yousaf Binori (d. October 4, 1977)
6. Khuwaja Qamar-ud-din Siyalwi
7. Mufti Muhammad Hussain Naeemi
8. Maulana Zafar Ahmed Ansari
9. Maulana Muhammad Taqi Usmani
10. Mufti Jaffer Hussain Mujtahid
11. Maulana Hanif Nadvi
12. Dr. Ziauddin Ahmed
13. Tajammul Hussain Hashmi (later replaced by S. M. A. Ashraf & then, by I. A. Imtiazi)
14. Maulana Shams-ul-Haq Afghani
15. Allama Syed Muhammad Razi
16. Dr. Mrs. Khawar Chisti
Later, a Committee consisting of the following members was established to prepare the draft of the hudood laws:
Ulema
1. Mufti Muhammad Taqi Usmani (Chair-person of the O.I.C. Fiqh Council)
2. Maulana Zafar Ahmed Ansari (RA)
3. Pir Karam Shah Al-Azhari (RA)
4. Dr. Mehmood Ahmed Ghazi
Law Experts
5. Khalid M. Ishaque
6. Sharif-ud-din Pir Zada
7. A. K. Burohi
Retired judges
8. A. K. Samdani
9. Muhammad Afzal Cheema
10. Justice (R) Salahuddin Ahmed
After holding 15 meetings in different cities of the country during 29 September 1977 and 20 December 1978, the Committee prepared the drafts of the four hudood ordinances. Gen. Zia-ul-Haq was far away from even the shores of preparing these drafts!
In the preparation of these drafts, the Council sought assistance and consultation with Dr. Ma’aroof al-Dawalibi, a jurist of international fame, formerly Prime Minister of Syria, President of the World Muslim League and an Advisor to the His Majesty, Khalid bin Abdul Walid, the King of Saudi Arabia. The drafts laws about Hudood were first prepared in Arabic language; later, they were translated into English and Urdu. Gen. Zia-ul-Haq did not understand Arabic; at least as far as I know!
A special Committee consisting of Mir Muhammad Ali (Draughtsman), and Sheikh Asadullah (Joint Secretary), later replaced by Justice (R) Amjad Ali was appointed to edit it in the modern legal language & to make necessary amendments. The drafts had been completed in 1978, and General Zia ul Haq decided to enforce them on 10 February, 1979 as an Ordinance.
The above brief discourse on the history of the ordinances sheds light on various important aspects and refutes many common arguments, namely:-
(a) The Hudood Ordinances were made by one man;
(b) The Hudood Ordinances have never been discussed rationally;
(c) The Hudood Ordinances were Zia-ul-Haq’s distorted interpretation of the Quran and Sunnah.
The Ordinances did not remain as such forever. On 11 November, 1985, the National Assembly passed an Act (i.e. by two-third majority) whose name was The Constitution (Eight Amendment) Act, 1985 (XVIII of 1985). This Act modified Article 270-A to the Constitution, which provides affirmation to the five Hudood Ordinances. Thereafter, the National Assembles of 1988, 1990, 1992, 1995, 1998 and 2002 never raised on objection these Ordinances!
We will be justified here to pause for a minute and ask our friends that do you still call this a law pasted by a single man on others?
A few others say that the Ordinances were not made by parliamentary debate and should be repealed for the same reason. The answer to this argument can be twofold. The passing of an act by the 1985 National Assembly in support of it & no objections by the successive National Assemblies will implode this argument on its own feet.
Secondly, these Hudood Ordinances cannot be singled out for this reason, as a major part of the laws of our country are ordinances, for example, to name a few:-
(1) Police Order, 2002
(2) Income Tax Ordinance, 2002
(3) Legal Framework Order, 2002
(4) Pakistan Arms Ordinance, 1965
(5) Muslim Family Laws Ordinance, 1961
(6) Microfinance Institutions Ordinance, 2002
(7) Microfinance Banking Ordinance, 2001
(8) Banking Companies Ordinance, 1962
(9) Punjab Usurious Loans Ordinance, 1959
(10) Punjab Urban Rent Ordinance, 1959
... and this list can fill whole volumes!
From the above discussion, we have refuted a lot of arguments raised on the hudood ordinance as well as exposed many fake facts, being spread at a large scale, by the media.