Thanks for posting the scanned pages of the bill. I used your images to generate an html-formatted version on the pakistani.org site - here.

The Zina and Qazf ordinances are also available here. 

Hey hey...here's an English-language version of the objections raised to this bill!  I presume no one here agrees with them, but hopefully it'll be useful to have them archived on Eteraz.

I found this on Muslim WakeUp!'s PHPBB forum, posted by a user who might or might not agree with its points & the way it interprets Shariah.  (He didn't comment on it...but I get the feeling that he might be in agreement with at least a large part of it.  Anyway, he posted it--perhaps in an attempt to let it persuade MWU users, perhaps in an attempt to let MWU users attack it.  No one commented, but here it is...4-6 days old.)

Site admins, should I leave this as a comment or make a Diary entry out of it? 

-Katie

DECLARATION OF THE HUDOODULLAH CONVENTION
14-Dec-2006, 22nd Ziqad, 1427

The Hudoodullah Convention was held at Markaz Al Qadsiah on Thursday, December 14, 2006, and was attended by at least three thousand Islamic scholars and prominent religious leaders from all over the country. A unanimous declaration rejecting the Women’s Protection Act was approved by the convention, which is as under:

DECLARATION OF THE HUDOODULLAAH CONVENTION ORGANIZED BY JAMA`T-UD-DA`WAH ON 20th Ziqad, 1427 – December 12, 2006 AT MARKAZ AL QADSIA, CHOWBURJI, LAHORE

BismillahirRahmanirRaheem

The following points of The Women`s Protection Act are in direct collision with Islamic Shariah, and this Convention, therefore, rejects this Act in totality, and at the same time urges the rulers to ponder upon the seriousness of this issue with an open mind, and instead of making it a political issue, and opposing it stubbornly on that basis, they should immediately abrogate this Act, reinforce the Hudood Laws in their original standing, generously accept their mistake, and ask forgiveness from Allah, Subhan a Hu wa Ta`Ala.

The un-Islamic points are as under:

1. The term `Zina-bil-Jabr` (Rape) is not an Islamic term. According to the Shariah ‘Zina (illegal sexual intercourse between a man and a woman)’ is ‘Zina’ whether it is committed with or without consent. The difference in punishment is based on the marital status of those involved.

2. The punishment of Zina, which is decided by Shariah, has been changed to five years imprisonment and Ten Thousands Rupees fine. Allah has not given anyone, in the whole universe, the authority to reduce, or increase, the severity of punishments decreed by Him. The punishment of a married Zani, or a Zaniah, in Islam, is Rajam (Death by Stoning), and for an unmarried Zani, or Zaniah, it is a Hundred Lashes.

3. To change the punishment for slandering someone of having committed Zina to Imprisonment for Five Years, and a fine of Rupees Ten Thousand, is also un-Islamic for the reasons previously stated, i.e., no one has the authority to modify Hudoodullah. The punishment for this, according to the Shariah, is Eighty Lashes.

4. Every act of fornication committed by a girl of sixteen years or younger is termed as Zina-bil-Jabr (rape) in the WPA and therefore she is deemed innocent and un-punishable. This is un-Islamic and it is illegal according to the constitution too.

5. According to clause 375 of the said Act, an act of sexual intercourse by a man with his wife, without her consent, will be considered as Zina-bil-Jabr (rape). This is totally un-Islamic.

6. It is against the principles of Islam to declare some forms of Zina as Zina-bil-Jabr and move them from the jurisdiction of the Hudood Laws into the sphere of the Penal Code.

7. The death sentence or ten to twenty five years imprisonment for committing Zina-bil-Jabr (rape) is in contravention of the Shariah. The crime of Zina committed during rape will carry the same punishment as the slandered punishment for committing Zina which is stoning to death if the Zani is married, and a hundred lashes if unmarried, in addition to the punishment of rape.

8. It is a serious breach of the Shariah to remove, cancel, separate, or modify, the punishments for acts which lead to Zina and Attempts to Commit Zina from the Hudood Laws.

9. The annulment of the superiority of Hudood Laws over and above other laws is totally un-Islamic.

10. The status of punishment for Zina according to the Shariah becomes merely decorative in the presence of parallel and controversial legislation, and therefore it is un-Islamic.

11. In Islam, no one has the authority to pardon the punishment of transgression of ‘Hudood’ (punishments for some specific crimes in Islam). The Women’s Protection Act gives authority and privilege to the President and the Provincial Governments, to grant reprieve, or to cancel punishment altogether, of individuals, or groups, found guilty of acts which fall under jurisdiction of the ‘Hudood’.

12. It is un-Islamic to require testimony of five witnesses for a confirmation of an act of Zina. It is similarly un-Islamic to repeal the accused person’s unambiguous acceptance of having committed the act, from Hudood Laws.

13. The non-completion of `Lia`an` (The accusation of the husband that his wife has committed Zina) leaves the wife in a state of limbo, this too, is un-Islamic.

14. In a situation which is defined as Lia`an according to the Shariah, the Shariah imposes a `Hadd` (Death by stoning) upon the wife, if she accepts her involvement in Zina. The abrogation of this important issue from the Hudood Laws is a contravention of the Shariah.

15. The use of the words: ‘….and if not Muhsan, whipping not exceeding one hundred stripes’, as is stated in the modified Hudood Laws to describe the punishment for an unmarried Zani, or Zaniah, is against the Shariah. The Shariah specifies the punishment as `A Hundred Lashes`. Neither less, nor more. It does not use the words ‘not exceeding’.

This convention is unanimous in its opinion:-

· That.....The ruler’s claim that since this Act has become a law after being passed by the parliament, it cannot be amended, modified, or negotiated upon. Yet it is common practice to enact, amend, modify, and abrogate laws in parliaments and assemblies. In fact, that is what parliaments are supposed to do all the time. On the other hand, no one has the authority to modify or abrogate laws decreed by Allah, Subhan a Hu wa Ta`Ala. The rulers seem to believe that laws enacted by them are un-alterable, whereas, laws decreed by Allah can be modified. The rulers must discontinue such an attitude forthwith, and announce the annulment of this anti- Shariah Act immediately.

· That.....The privilege of the Assembly, whether National, or Provincial, is Shirk-fil-Hukm (to consider oneself, or become, a partner with Allah; in giving divine commands, and having the right to enact divine laws; whereas, Allah has no partners, and this is the core and fundamental belief in Islam). This totally un-Islamic privilege and practice of the Parliament should be discontinued with immediate effect.

· That…..The characterization of this Act and the claim by President Pervaze Musharraf, Prime Minister Shaukat Aziz, Chaudhry Shujaat Hussain, and other government officials, that this Act is `completely Islamic`, is manifest ignorance, and a disobedience of Allah and His Messenger, sallillahhu alaihi wa sallam, which deserves the strongest condemnation. This convention invites all those who took part in the formation of, and/or, voting for, in favor of this Act, to repent, and seek forgiveness from Allah, Subhan a Hu wa Ta`Ala.

· That…..The propaganda by the government that the Hudood Laws (popularly known as the Hudood Ordinance) usurps the rights of women, is utterly baseless. The solution to any problems occurring in this regard is not in the cancellation and modification of Hudood laws, but in their correct enforcement and intelligent application.

· That…..Jama`t-ud-Da`wah will fully support the struggle of Majlis-e-Tahaffuz-e-Hudoodullah to have this Act repealed, in`sha`Allah.

· That…..If Hudoodullah are implemented in their true spirit, the country will witness unprecedented economic growth and development, as has been assured by Allah and His Messenger, sallillahhu alaihi wa sallam. The country`s economic difficulties will vanish if the rulers make efforts to implement Hudoodullah, instead of trying to abrogate them.

· That…..Jama`t-ud-Da`wah will conduct a signature campaign all over the country against the so called Women`s Protection Act. The final document, carrying hundreds of thousands of signatures on itself, will be sent to the President, the Prime Minister, the Speaker of National Assembly, and the Chairman of the Senate, to convey the public`s utter disgust with this Act.

· That…..Jamat-ud-Dawah will seek Fatwas against the WPA of Islamic scholars from all over the world. These fatawa will be published in the media and will also be forwarded to the government.

· That…..Islamic scholars will live up to their role as inheritors of the Prophets, alai`hiss`salaam, and will stand unified and invincible in opposition and resistance of this Act, in`sha`Allah.

· That…..An awareness campaign will be launched throughout the country to educate the public regarding the un-Islamic aspects of this Act.

· That.....This convention appeals to all Islamic scholars and Imams of Masajid to make this un-Islamic Act a regular topic of their Friday Khutbahs (sermons) and educate the public about the reality and implications of this Act. This will be a major element of the countrywide awareness campaign.

· That…..Safeguarding of women`s rights and their protection cannot be achieved through unbridled sexual liberation, but it can definitely be attained, and is a natural product, of following the laws of Islam.

· That…..The West has always exploited women in the guise of giving them rights, and our rulers want to sacrifice the women of this country on the same altar. We vociferously condemn their devious and lowly attempts to do so.

· That…..We condemn the promotion of vulgarity and licentiousness under governmental supervision and sponsorship. These vices are ruining our social values, and destroying the younger generation.

· That…..The concept of `Enlightened Moderation` presented by General Musharraf is a Western import. Real enlightenment comes from understanding Islam, which brings people out of the deep darkness of ignorance and into the bright radiance of truth.

(Subhanallah)