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RETIRED MOD
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http://dailytimes.com.pk/default.asp?page=2006\11\17\story_17-11-2006_pg3_1
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After a long dilly-dallying and dithering, the PMLQ government was able to table the Women’s Protection Bill (WPB) at the National Assembly with predictable success. The PPPP from the opposition acted wisely by standing by its principled position and voting for the bill; the government ally MQM returned from its offended retreat and added its votes to the bill. But the MMA walked out predictably and the PMLN abstained, once again proving that the sprit of Abbaji still presides over the bifurcated party.
The day the WPB was passed in the National Assembly was also the day when someone went to the Supreme Court against the much-amended Hasba Bill of the NWFP, saying the law violated the Constitution by bestowing on the Peshawar executive functions belonging strictly with the judiciary. The MMA in its wisdom had taken the stance that if the women’s bill was ever passed the alliance would resign. The crunch time came on Wednesday but the MMA did not resign en masse. The Jama’at firebrand chief, Qazi Hussain Ahmad, has always been more ready to get out of parliament and face the rulers in the streets, but not so the more pragmatic and better established in the present power structure, Maulana Fazlur Rehman of the JUI.
Maulana Rehman has walked away from parliament, grumbling that the MMA will soon decide what to do after it has made the determination whether the bill passed was earlier okayed by the select committee or whether by another committee of the ulema recommended by him. Although he is a qualified cleric, he wants to refer the matter to the ulema and wait for their final verdict. Needless to say, he leads the most powerful party of the ulema and they will deliver the verdict he favours. If he thinks as he has done in the past, he will not agree with Qazi Hussain Ahmad and refuse to resign, which will mean that the MMA will suffer yet another crack down the middle.
President Musharraf has understandably taken credit for pushing his party to get serious and stop its usual politicking over the bill. He took some flak over failing to achieve what most people thought was the easiest ‘moderately-enlightened’ thing to do in Pakistan. But after many false starts and hiccups on this front, he can finally show something good that his government has done. He says more pro-women laws opposing such ugly customs as vani, swara and marriage to the Quran will be passed soon. The prime minister has echoed him and more dramatically, the party chief, Chaudhry Shujaat Hussain, has offered his ‘conditional’ resignation to the Speaker ‘if the law is found to violate the Quran’.
The ‘other’ good laws promised to the women of Pakistan have to deal with customs rather than anything to do with religion. These customs are already against Islam and offend against the shariat as guarded by our Federal Shariat Court. These customs simply signal the low status of women in society. If the mullahs have not attacked them in the past it is because they don’t not want to lose support in the segment of Pakistani society where they are practised. Vani comes from Punjab, ‘Quran marriage’ is in vogue among Sindhi feudals, and swara is practised in the NWFP where the MMA vote-bank is located. It must be firmly kept in mind that the abolition of hudood — if they had been abolished — would have prevented the state from being cruel to women. (The latest amendment will also take care of that to a great extent.) The anti-women customs have nothing to do with the state and therefore will linger like all other anti-women customs unless there is a change in the way we conduct our lives.
The new WPB has consigned rape back in the ambit of the Penal Code and, as a sop to the pious, has made consensual sex punishable under the Penal Code. Both were originally outside the PPC. The liberals wanted the former (rape) to be in the PPC and the latter (adultery) to remain in the Hudood, making it easier to prove the former and impossible to prove the latter. Now a compromise has been stuck — rape will be easier to prove and adultery will not be impossible to prove — with which a conservative society can live. Had it not been for a timely intervention by the PPPP, however, the term ‘lewdness’ would have described what in fact would be fornication. Thus a misplaced finicky decency would have made the law a big stick with which to beat the gentle citizens of Pakistan. The world has laughed at us a long time over what we thought was the Islamic law against rape: a woman had to prove with four pious Muslim witnesses that someone had raped her. It will no longer laugh and may even be grateful that Pakistan has gone and scrapped the evil corruption of Divine Intent while the other Muslim states boasting Shariah will carry on as usual.
The PMLQ should be congratulated, although the party hardly realises what it has done; it has overturned a misogynist law that had endured for more than a thousand years. But the truth is that the ruling party was not scared of tinkering with ‘Islam’ as it was scared of getting on the wrong side of the clergy even though the citizens in general were completely in favour of an amendment after a very effective public debate. The PPPP is equally to be congratulated because it refrained from politicising the issue and voted for the bill even after many text-tweakings and delays. The decision to vote was an act of wisdom which the PMLN has not been able to grasp and is fingering the Charter of Democracy menacingly and sending out dire warnings about the possible rupture the vote will produce within the ARD.
Finally, we must pat President Pervez Musharraf on the back. He stuck to his guns. If it hadn’t been for his determination and belief, this bill would never have been dragged again and again to the National Assembly and eventually passed. We shouldn’t quibble about why the Hudood Ordinance wasn’t altogether repealed or why a small compromise was made in the end. This was the best that could have been done in the difficult circumstances facing President Musharraf. *
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