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September 18, 2008 Thursday Ramazan 17, 1429


PESHAWAR: Sufi’s opinion sought on Sharia draft



By Waseem Ahmad Shah


PESHAWAR, Sept 17: The NWFP government has sent a copy of the proposed Nizam-i-Adl (Sharia) Regulation, 2008, to Maulana Sufi Mohammad, chief of the proscribed Tehrik Nafaz-i-Sharia-i-Muhammadi, for seeking his opinion.

Official sources said the draft of the proposed regulation, which was in English, was translated into Urdu a few days ago so that it could be provided to Sufi Mohammad.

They said next step regarding promulgation of the proposed regulation would be taken once the opinion of Maulana Sufi was clear on the issue.

The proposed law would replace the existing Sharia Nizam-i-Adl Regulation, 1999, which was enforced in the Provincially Administered Tribal Areas, including the Malakand region by the then provincial government of Sardar Mehtab Ahmad Khan.

Under the Constitution a law could only be introduced in Pata by the governor with approval of the president. Maulana Sufi had in past expressed reservations over the existing law and claimed that it was not in accordance with Sharia.

A high-level meeting chaired by Chief Minister Ameer Haider Khan Hoti a few days ago had given approval to most of the proposed regulation and given more proposals for their incorporation into the law. Another meeting is likely to be held in a day or two for giving final approval to the proposed regulation.

It is not clear whether the present draft of the law would be enough to satisfy Maulana Sufi, presently residing in his native Maidan area in Lower Dir. However, an official privy to the whole situation said they had clearly mentioned in the proposed law that the qazi (judge) deputed in the Malakand region would dispose of cases in accordance with Sharia.

Furthermore, he added, the number of judges would be increased and they would be assigned reasonable number of cases so as to provide speedy and cheap justice to people.

He claimed that a proposal was also underway to appoint a mauvin qazi (assistant to qazi) in each court and his role in assisting the court would be enhanced.

Appeals originating from judgments of the qazi would be decided within one month of their filing. Moreover, a circuit bench of the Peshawar High Court would be established in the Malakand region, which would be called Sharia bench. Maulana Sufi, who remained in prison for over six years, was released by the provincial government on April 21 after reaching an agreement with his TNSM wherein the Tehrik had denounced militancy and condemned elements involved in attacks on state institutions, police and other law-enforcement agencies.

Under the said agreement, the TNSM had pledged to continue its struggle for enforcement of Sharia through peaceful means.

The proposed law envisages that a criminal case has to be decided by a court within four months of its institution and a civil case within six months.







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