Implementation Of The Hudood Laws

Question

Hudood Ordinance has been hotly discussed recently. People still are guilty of moral violations, the urban population being aware of it, the rural largely ignorant. Our local mosques and clerics too are culpable for this ignorance. If social education is the premise for establishment of shari'ah, then will this ever happen in our current circumstances in Pakistan? Or will shari'ah never be implemented?


Answer

We are faced with two tasks, social education and formulating a legal framework based on the Divine guidance. Currently around 55 states profess Islam as their official religion, and therefore the legal representatives are bound to base any legal ruling on the Islamic principles. However, it is equally important that they educate the masses prior to the implementation. We should also ponder over the hesitation in the implementation of the Islamic laws, in spite of the governing officials being Muslims. This hesitancy on the part of the leadership arises from misgivings. It is our duty to address those misgivings. Demanding shari'ah laws without elaborating them would result in hypocrisy.

I have to say that there is no dearth of shari'ah laws in our country. Most of the jurisdictions are based on the shari'ah. However there is definitely reluctance on the part of the leadership and lack of desire among the society for these laws.

This reluctance is provoked by "demanding". Laws imposed without logical persuasion are hollow, unable to yield long term effects. Therefore it is imperative that the society be convinced of the truth of Allah's religion for it to be successful.

There is also another important aspect to this issue. We must also consider gradual implementation of the Shari'ah as a more appropriate way to enforce it. Gradual divulgence and implementation is Allah's way and all scholars agree on it. A society in its infancy cannot cope with laws applicable to a mature society. This should always be borne in mind.

This is evident by the failure of already 70-80 % Islamic laws enforced of affecting any result in the social fabric. The remaining 20-30% laws are being held back by debates and doubts. It is our responsibility to clear those doubts. Implementation of laws and social education should happen simultaneously

This question was answered by Mr Ghamidi in Deen-o-Danish, an online TV session hosted by Dr Muneer Ahmad aired on Dunay TV. The text has been rendered into English by Mr Dhu al-Nurain.

About the Author

Javed Ahmad Ghamidi


Javed Ahmad Ghamidi was born in 1951 in a village of Sahiwal, a district of the Punjab province. After matriculating from a local school, he came to Lahore in 1967 where he is settled eversince. He did his BA honours (part I) in English Literature and Philosophy from the Government College, Lahore in 1972 and studied Islamic disciplines in the traditional manner from various teachers and scholars throughout his early years. In 1973, he came under the tutelage of Amin Ahsan Islahi (d. 1997) (http://www.amin-ahsan-islahi.com), who was destined to who have a deep impact on him. He was also associated with the famous scholar and revivalist Abu al-A‘la Mawdudi (d. 1979) for several years. He taught Islamic studies at the Civil Services Academy for more than a decade from 1979 to 1991.

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