QUETTA, Jan 29: Vani and Swara are pre-Islamic traditions and have no room in Islam, therefore, it must be condemned and strict punishment should be awarded to the accused under Islamic laws.

This was the unanimous observation by participants of a three-day consultative meeting to discuss the concept of Justice in Islam with reference to the Qisas and Diyat Ordinance that began here on Thursday under the auspices of the National Commission on Status of Women.

Religious scholars, political leaders, lawyers and academicians attended the meeting. The Commission is consulting with people from different walks of life to formulate recommendations for making necessary amendments to the ordinance.

Syeda Viqaur Nisa Hashmi, research associate of the NCSW pointed out the impact of lacunas in the ordinance and the leniency of the judiciary while dealing with such social evils.

Giving statistic about honour killings in the country from 1997 to May 30, 2003, she said that in Balochistan 57 cases were registered of which 39 were disposed off with 17 convictions and 22 acquittals. In Punjab 1797 cases, 1142 disposed of with 320 convictions and 822 acquittals. In Sindh 910 cases, 293 disposed of with 25 convictions and 268 acquittals and in MWFP 239 cases, 141 disposed off with 10 convictions and 131 acquittals.

It was unanimously observed that killing in the name of honour 'Ghairat' has no nexus with Islam at all. The participants also observed that the State must take strict measures to check such crimes and stop the application and misuse of the laws of Qisas and Diyat, and other offences must be made non-compoundable and the offenders be given exemplary punishments to provide deterrence to the potential perpetrators.

It was further observed that women who are the victims of domestic violence or who suffer bodily injury are hardly compensated. Since it is the responsibility of the State to provide justice and protect especially the oppressed section of the society, even in cases where the offence is being compounded, the compensation should be made mandatory for the women/families and the accused must be punished under Taazeer.

Also, there is no provision in either the Holy Quran or Sunnah to exempt a man from Qisas, who has been found guilty of murdering his wife, in cases where minor children are left behind as legal heirs. As such, the prevalent law must be amended accordingly.

The participants unanimously observed that the practice of 'Vani' and 'Swara' (in Punjab and NWFP) are pre-Islamic traditions and have no scope in Islam. These practices therefore, must be condemned and if a crime is committed, strict punishment must be awarded to the accused.

The Law of Qisas and Diyat is applicable to non-Muslims as well. It was strongly suggested that no offence under Qisas and Diyat be compounded until and unless the trails are completed. Then the legal heirs of the victim may demand Qisas or compound the offence.

However, the state retains its right to punish the offender even if the offence is compounded. The participants strongly recommended that the circumstantial evidences must not be allowed to resile even if the witnesses turn hostile. Ms Hashmi said research on "The concept of Justice in Islam regarding the Qisas and Diyat Ordinance," is being conducted countrywide.