HYDERABAD, Aug 1: Parliamentarians of the Muttahida Majlis-i-Amal on Tuesday said that they would oppose any attempt to repeal or amendment to Hudood laws in and outside parliament.

They said that the MMA would protect the laws which had been unanimously approved by ulema belonging to all sects.

They were speaking at a seminar on the Hudood Ordinance organised by the Hyderabad chapter of the MMA at the press club.

MMA Sindh president Asadullah Bhutto, MNA Sahibzada Abul Khair Mohammad Zubair, Senator Dr Khalid Mehmood Soomro, MMA district president Abdul Waheed Qureshi, Abdul Rehman Sheikh advocate and others spoke on the occasion.

Defending the Hudood Ordinance 1979, MNA Asadullah Bhutto said that ulema of Mufti Mehmood and Maulana Shah Ahmed Noorani’s calibre had reviewed the laws before approval.

He said that from 1979 to 2006 no sect had raised any objections.

He said that only 256 of 1,690 interned women were facing Hudood charges, which was a very marginal figure of the total number of women prisoners.

He said that the release of a small number of women under same charges, out of 1,300 prisoners, through a presidential ordinance exposed government’s claim that majority of women were languishing in jail due in Hudood cases.

“These women were released before any amendment to the Hudood Ordinance which indicates that fault lies elsewhere”, he said.

He said that the basic flaw was in the judicial system and police investigation and not in the Hudood laws.

He said that if investigation was not conducted fairly then subsequently during course of trial judge could exonerate accused (women) under section 249-A and 265-K CrPC.

He said that false registration of FIR was also punishable.

He referred to research of an MMA legislator from Bannu according to which it was not mandatory from Shariat point of view for a woman to produce four witnesses for registration of her FIR because it was not complainant’s job.

He said that circumstantial evidence and her medical test report were enough to book accused.

Regarding demand of a section of people for incorporating zina under section of haraba offence, he said that there was big difference between haraba and zina as later calls for stoning of accused.

He said that the ordinance provided separate sections for rape (zina bil jibar) and adultery (zina bil raza).

He said that circumstances could differentiate between two offences.

He came hard on a TV channel for becoming a party on the issue and misinterpreting speeches and statements of ulema.

He said that Mufti Munibur Rehman had been misquoted in Hudood debate adding that so-called scholars like Javed Gamadi and Tufail Hashmi did not represent any particular sect.

He said that the TV channel must disclose which section was providing financial support to it for running ad campaign on its network because it required a huge amount.

He urged government to abide by parliamentary norms and refrain from tabling anti-Hudood laws bill in parliament which had rejected it thrice when it was tabled by MNAs Sherry Rehman, Aitzaz Ahsan and Kashmala Tariq.

“We will not allow repeal or amendment to Hudood laws”, said the MNA.

He said that women had been protected under an amendment in CrPC whereby a Hudood case was to be investigated by an officer not below the rank of SP.

MNA Abul Khair Mohammad Zubair argued that the laws were enforced by Holy Prophet (pbuh) and government wanted to repeal them in order to appease terrorists and extortionists.

He said the MMA had taken stand on it forcing the government to even drop amendments for the time being.

Senator Dr Khalid Mehmood Soomro said that since these were divine laws even President Gen Pervez Musharraf could not do away with them and make Pakistan a secular state.

Abdul Rehman Sheikh quoted a ruling of the Federal Shariat Appellate Court, reported in the Pakistan Criminal Law Journal (p1839), that witness of a lone woman and her medical report were sufficient evidence for registration of FIR that she had been subjected to criminal assault.

He said that there was no defect in the Hudood Ordinance but there were procedural lacunas in the law.

He said that the ordinance should be implemented in letter and spirit.