Cleric terms Women’s Protection Bill contrary to Islamic Sharia

[Hell hound]

I have read the article. Please Point out with specefic facts that each article contradicts Quran and sunnah for example this

http://www.punjabcode.punjab.gov.pk/public/dr/PUNJAB PROTECTION OF WOMEN AGAINST VIOLENCE BILL 2015.doc.pdf

5. Right to reside in house.– Notwithstanding anything contained in any other law, the aggrieved person, who is the victim of domestic violence, shall not be evicted, save in accordance with law, from the house without her consent or if wrongfully evicted, the Court 2 shall restore the position obtaining before the eviction of the aggrieved person if the aggrieved person has right, title or beneficial interest in the house. 6. Interim order.–

(1) Pending proceedings under this Act, the Court may, at any stage of the complaint, pass such interim order as it deems just and proper.


(2) If the Court is satisfied that the complaint prima facie shows that the defendant has committed an act of violence or is likely to commit an act of violence, it may issue an order on the basis of an affidavit of the aggrieved person or any other material before the Court. 7. Protection order.–

(1) If the Court is satisfied that any violence has been committed or is likely to be committed, the Court may pass a protection order in favour of the aggrieved person and direct the defendant: (a) not to have any communication with the aggrieved person, with or without exceptions; (b) stay away from the aggrieved person, with or without exceptions; (c) stay at such distance from the aggrieved person as may, keeping in view the peculiar facts and circumstances of the case, be determined by the Court; (d) wear ankle or wrist bracelet GPS tracker to track the movement of the defendant twenty four hours, seven days a week; (e) move out of the house; (f) surrender any weapon or firearm which the defendant lawfully possesses or prohibit the defendant from purchasing a firearm or obtaining license of a firearm; (g) refrain from aiding or abetting an act of violence; (h) refrain from entering the place of employment of the aggrieved person or any other place frequently visited by the aggrieved person; (i) refrain from causing violence to a dependent, other relative or any person who provides assistance to the aggrieved person against violence; or (j) refrain from committing such other acts as may be specified in the protection order.

(2) The Court may issue one or more directions contained in subsection

(1) even if the aggrieved person has not prayed for such direction and may, keeping in view the peculiar facts and circumstances of the case, specify the period for which the protection order shall remain operative.

(3) The Court may impose any additional conditions or pass any other direction which it may deem reasonably necessary to protect and provide for the safety of the aggrieved person or any dependent child of the aggrieved person.

(4) The Court may require the defendant to execute a bond, with or without sureties, for preventing the commission of violence.

(5) While making an order under this section or section 8, the Court may, pass an order directing the Women Protection Officer to provide protection to the aggrieved person or to assist the aggrieved person or the person making a complaint on behalf of the aggrieved person. (6) The Court may direct the police to assist the Women Protection Officer in the implementation of the protection or residence order. 8. Residence order.–

(1) The Court, in case of domestic violence, may in addition to any order under section 7, pass a residence order directing that: (a) the aggrieved person shall not be evicted, save in accordance with law, from the house; (b) the aggrieved person has the right to stay in the house;

3 (c) the defendant shall not sell or transfer the house to any person other than the aggrieved person; (d) the aggrieved person may be relocated from the house to the shelter home for purposes of relief, protection and rehabilitation; (e) the defendant shall deliver the possession of any property or documents to the aggrieved person to which the aggrieved person is entitled; (f) the defendant or any relative of the defendant is restrained from entering the shelter home or place of employment or any other place frequently visited by the aggrieved person; or (g) shall arrange an alternative accommodation for the aggrieved person or to pay rent for the alternative accommodation.

(2) The Court may, keeping in view the peculiar facts and circumstances of the case, issue one or more directions contained in subsection (1) even if the aggrieved person has not prayed for such direction and may specify the period for which the residence order shall remain in force.

(3) The Court shall have due regard to the financial needs and resources of the parties before passing any order having financial implications.

Do you understand complex english ? If not then stop commenting on the things which you a zero understanding. Go translate that complete law in Urdu. This is the problem with you mullah boys. Either you hear things from someone else and then declare fatwas on it or you read complex english, infer meanings of your own and declare hilarious fatwas on it.

bro need some clarifications
1) how will courts decide that a person is aggrieved and how will bare the burden of proof.
2)condition under which one can claim eviction of her abuser from the house.
3)if house is property of abuser or for that matter any family members of his what will happen then.can victim be removed from his property.
4) what if the male is being harassed by his wife and in laws does this law protect him or is it only female centric.

 

[Hell hound]

"On receipt of the complaint, the Court shall issue a notice to the defendant
calling upon him to show cause within seven days of the receipt of notice as to why any order
under this Act may not be made and if the defendant fails to file a reply within the specified
time, the Court, subject to service of the notice on the defendant, shall assume that the
defendant has no plausible defense and proceed to pass any order under this Act."

"If the Court is satisfied that the complaint prima facie shows that the defendant
has committed an act of violence or is likely to commit an act of violence, it may issue an
order on the basis of an affidavit of the aggrieved person or any other material before the
Court."

Prima facie. Latin for "at first sight." Prima facie may be used as an adjective meaning "sufficient to establish a fact or raise a presumption unless disproved or rebutted;" e.g., prima facie evidence.

In common law jurisdictions, prima facie denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact.

That sounds a lot like the burden of proof is being put on the shoulders of the defendant or the man. In other words, guilty until proven innocent.

"Right to reside in house.– Notwithstanding anything contained in any other law, the
aggrieved person, who is the victim of domestic violence, shall not be evicted, save in
accordance with law, from the house without her consent or if wrongfully evicted, the Court
shall restore the position obtaining before the eviction of the aggrieved person if the aggrieved
person has right, title or beneficial interest in the house."

"Protection order.– (1) If the Court is satisfied that any violence has been committed
or is likely to be committed, the Court may pass a protection order in favour of the aggrieved
person and direct the defendant:
(a) not to have any communication with the aggrieved person, with or without
exceptions;
(b) stay away from the aggrieved person, with or without exceptions;
(c) stay at such distance from the aggrieved person as may, keeping in view the
peculiar facts and circumstances of the case, be determined by the Court;
(d) wear ankle or wrist bracelet GPS tracker to track the movement of the
defendant twenty four hours, seven days a week;
(e) move out of the house;
(f) surrender any weapon or firearm which the defendant lawfully possesses or
prohibit the defendant from purchasing a firearm or obtaining license of a
firearm;
(g) refrain from aiding or abetting an act of violence;
(h) refrain from entering the place of employment of the aggrieved person or any
other place frequently visited by the aggrieved person;
(i) refrain from causing violence to a dependent, other relative or any person who
provides assistance to the aggrieved person against violence; or
(j) refrain from committing such other acts as may be specified in the protection
order."
"Residence order.– (1) The Court, in case of domestic violence, may in addition to any
order under section 7, pass a residence order directing that:
(a) the aggrieved person shall not be evicted, save in accordance with law,
from the house;
(b) the aggrieved person has the right to stay in the house;
(c) the defendant shall not sell or transfer the house to any person other
than the aggrieved person;
(d) the aggrieved person may be relocated from the house to the shelter
home for purposes of relief, protection and rehabilitation;
(e) the defendant shall deliver the possession of any property or
documents to the aggrieved person to which the aggrieved person is
entitled;
(f) the defendant or any relative of the defendant is restrained from
entering the shelter home or place of employment or any other place
frequently visited by the aggrieved person; or
(g) shall arrange an alternative accommodation for the aggrieved person or
to pay rent for the alternative accommodation."

So just by getting accused of committing "violence" which he fails to disprove, he not only looses his house to the woman, but but gets further humiliating treatment like wearing those tracker devices.

"Monetary order.– (1) The Court may, at any stage of the trial of a case, pass an order
directing the defendant to pay monetary relief to meet the expenses incurred and losses
suffered by the aggrieved person and such relief may include:
(a) such compensation, as the Court may determine, to the aggrieved person for
suffering as a consequence of economic abuse;
(b) loss of earning;
(c) medical expense;
(d) loss caused due to the destruction, damage or removal of any property from
the control of the aggrieved person to which the aggrieved person is entitled;
and
(e) reasonable maintenance for the aggrieved person and her dependent children,
if any, in addition to an order of maintenance under family laws.
(2) The Court shall have due regard to the financial needs and resources of the
parties before passing any order under subsection (1).
(3) The defendant shall pay monetary relief to the aggrieved person within the
period specified in the order made under subsection (1).
(4) If the defendant fails to make payment within the period mentioned in the order,
the Court shall direct the employer or debtor of the defendant, directly to pay the aggrieved
person or to deposit with the Court a portion of the wages or debt due to or accrued to the
credit of the defendant.
(5) The amount paid or deposited under subsection (4) shall be adjusted by the
employer or debtor towards payment to the defendant."

Oh no loosing his property is not enough, he must pay "monetary relief" too.
By the way how do the super efficient corruption free totally honest Pakistani courts determine that violence is "likely to be committed" ?!?
Maybe they have these hidden in a secret facility somewhere:

Theres a lot of vague & ambiguous language language in there and the potential of abuse is clear.And it sets a very dangerous precedent where the state can just evict anyone from their homes citing domestic violence.Even if they have done some domestic abuse that does not make it right to take their property away from them.And if it gets passed soon they will likely introduce new set of laws designed to give the government the right to take children from parents on the excuse of abuse or failing to provide the child with good enough life.

Yes we do have serious problems with domestic violence/abuse, infact we have a problem with abuse, all types of abuse domestic or otherwise. In order to start taking care of it we need to seriously revamp our justice system and law enforcement and civil services. And this can only be done if we manage to stop the rampant corruption and nepotism that has rotten our society to its core.

bro you are right this law has huge potential to be exploited and the most bullshit clause in the law is that it enable you to evict some one from his house by wrongfully accusing of abuse.this interfere directly with the ownership rights of the accused how the hell can they throw out a person from his property which he legally owns or which isn't even hers in the first place.while this law protect females what about male victims law should same for everyone thats the purpose of the law and pls don't present us with this bullshit that it doesn't happen to male.i myself has seen male victim of house abuse some were harassed by their in laws and some were even attacked by their own wife's
apart from these two objections i am all in for this bill
1) don't attack our ownership right.
2)equality for both genders.
@Zibago brother you know i am all in for these types of laws but this bill particularly attack our owner ship rights .pls read the whole bill you may get the point i am trying to convey here

 

[AHMED85]

Then 'males' should avoid engaging in even 'a little violence'.

The solution is to teach males in our society that violence, whether a little or a lot, is unacceptable, and laws that punish violence are absolutely needed.


Why are you equating 'divorced women' with 'dirty women'? A women can be divorced for many reasons, that are not her fault - a mentally and physically abusive husband or in-laws or a husband who just decided he no longer wanted to remain married to the woman. In all of these examples the culprit is the husband, not the wife.

The fact that our society has people like you who automatically equate 'divorced women' with 'dirty women' shows how polluted, intolerant and diseased the mindset of our society has become.

Let me know how you handling your daughter or wife, sis etc in the conditions when she was motivated by mind, have affair with males, your wife is doing work which are not tolerant by you, what if you are unable to teach them.
What are you going to clean this mindset & society, where bundle of conspiracy existing, what you will do when a little punishment on you on your daughter will cuffing you in the court room have continued her affairs.
Just look at reality not looking at the thing what are not going with you. We know if some thing will occur with you , you surly commit suicide. Punishment for correction is right & written in Holy Quran if you are Muslim,
So I say no one above the Quran,
And surly we kick out your law from our families.
Now violence on women with abuse mind, we also condemn.
But you also get previous results on unwanted change & domain males with your liberal mind so enjoy these results.
And if wanna look more, right go in local courts & look at families & there situation, I have sitting with lawers, listen them, but I never seen dramas on TV to motivated your mind.
One side Indian cultura openly promoted in Pakistan & one side you ppl expend them with good protection.
Let enjoy until you will face it.

 

[marbella]

What male victims? In Pakistan? You guys are not serious.

 

[AHMED85]

What male victims? In Pakistan? You guys are not serious.

Right these peoples newly enter in world university, where they only know where is TV room to cupboard to dress up well as society recognize them well educated.
So they are using citizens rights as male rights.
They meet government offices for the first time, so they only know how to cleanups their vehicles,
How to handle subordinate,
How to generate income,
How to keep obay political machinery,
How to became a perfect baboo, etc.

But they never know how to dressup country law,
They never drive in class stratification to different communities.
Even they never touch establishment mind in life, because they are born to life & death, but not for presentable work for newly generation.
So don't quest here about male right.
Because they are nutriment in stereotypical environment. Where a clap for women on derailing is crime but a service for man is abusive. They only exploring how to attend services without services the human being.
There agenda is to drumming about women right whatever the condition is; because it will a cheep way to earn thanks & honour in society.
Even these peoples dress up women rights & when they exploit women, they put her to dustbin. Where in their eye,s parents, husband, brothers are worse enemy of women exempt boyfriend & criminal.
I am going leaving this post because I don't waste my mind.

 

[That Guy]

Pakistan is going in wrong direction this is most stupid pathetic law and it would result in increase of violence against women and than these liberal jokers will be crying and Mullahs will be laughing on stupidity of these liberals and PML N Government.

How is this gonna increase it? It may increase the number of victims reporting the abuse, but there is little chance that abuse itself will increase.

Read the law almost each section is in contradiction with Quran and Sunnah

prove it, don't just say it is.

This is the buffoon that idiots look up to. Can't even back up his own claims by answering a simple question.

 

[Hyperion]

Someone educate me how many versions of Sharia are there? Sharia of which sect? Is it based on Quran and Hadees? Quran OK, however, exactly which hadees? Are all Muslims obliged to believe in EVERY hadees that has been put in words??? If not, then the question, which SHARIA?

 

[saiyan0321]

Rubbish of our mullah and moulvis has been entertaining for us especially since their age is ending and their influence decreasing. May it decrease to nothing so that we can get rid of these jahils.

Anyhow no doubt the law has issues but that does not mean that we should take it back. Its the step in the right direction and will require many laws and many amendments to get it right but this law can help in combatting or even reporting domestic abuse which is great in our country . I mean yar I have seen educated rich houses where domestic abuse happen. Its becoming very mainstream bcz nobody had the guts to make laws that allowed women empowerment. Well this is the first step on a very very long journey and we will need many laws to reach the end.

Those that claim its against shariah are using unrealistic and trivial rubbish to claim that it's against Islam. Islam clearly states that protecting women is our responsibility and any law we may create in that effect will not be unislamic. Yeah its unislamic to their twisted interpretion of shariah that gives rise to twisted shits like terrorists ...

Step in the right direction but loads more is required..

 

[Zibago]

Rubbish of our mullah and moulvis has been entertaining for us especially since their age is ending and their influence decreasing. May it decrease to nothing so that we can get rid of these jahils.

Anyhow no doubt the law has issues but that does not mean that we should take it back. Its the step in the right direction and will require many laws and many amendments to get it right but this law can help in combatting or even reporting domestic abuse which is great in our family. I mean yar I have seen educated rich houses where domestic abuse happen. Its becoming very mainstream bcz nobody had the guts to make laws that allowed women empowerment. Well this is the first step on a very very long journey and we will need many laws to reach the end.

Those that claim its against shariah are using unrealistic and trivial rubbish to claim that it's against Islam. Islam clearly states that protecting women is our responsibility and any law we may create in that effect will not be unislamic. Yeah its unislamic to their twisted interpretion of shariah that gives rise to twisted shits like terrorists ...

Step in the right direction but loads more is required..

It needs a lot of tweaking and improvements(particularly the one regarding eviction) for the time being its just a pie in the sky but just dumping it completely cuz some molvies think it will result in wives cheating on their Husbands is just plain stupid

 

[Zarvan]

How is this gonna increase it? It may increase the number of victims reporting the abuse, but there is little chance that abuse itself will increase.


prove it, don't just say it is.


This is the buffoon that idiots look up to. Can't even back up his own claims by answering a simple question.

I would love to answer this lady myself. I don't look up to him and I look up to Quran and Sunnah. This Law is against spirit and orders of Quran and Sunnah and will only increase violence against women not reduce it. Some delusional liberal puppets as Quran has said are too deaf and dumb and blind to see it but soon statistics will reveal what horror this law will bring for women.

 

[saiyan0321]

It needs a lot of tweaking and improvements(particularly the one regarding eviction) for the time being its just a pie in the sky but just dumping it completely cuz some molvies think it will result in wives cheating on their Husbands is just plain stupid

Yes. The road is very long ahead on combatting domestic abuse and women empowerment but I feel at least we are taking a step. At least there is some work being done. These moulvis believe in cutting it out before it grows but this law can become the seed which will lead to stronger and stricter laws and far greater amendments. Anyhow who listens to them and their jiyalas. They have made themselves and our religion a joke ( which stands a crime far greater than any).

 

[Mentee]

Someone educate me how many versions of Sharia are there? Sharia of which sect? Is it based on Quran and Hadees? Quran OK, however, exactly which hadees? Are all Muslims obliged to believe in EVERY hadees that has been put in words??? If not, then the question, which SHARIA?

150 years old deobandi/tableeghi sharea rest are all shirk and bidaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa

 

[Zibago]

Yes. The road is very long ahead on combatting domestic abuse and women empowerment but I feel at least we are taking a step. At least there is some work being done. These moulvis believe in cutting it out before it grows but this law can become the seed which will lead to stronger and stricter laws and far greater amendments. Anyhow who listens to them and their jiyalas. They have made themselves and our religion a joke ( which stands a crime far greater than any).

Ye ibtidaye ishq hay darta hay kiya agay agay daikh hota hay kiya

 

[r0ck]

In Pakistan, an estimated 5000 women are killed per year from domestic violence, with thousands of others maimed or disabled. In 1988 a survey showed that 800 women were killed amongst dowry-related violence, bride burnings (also known as stove deaths), in 1989 the number rose to 1100, and in 1990 it stood at 1800 estimated killings. Newspapers in Lahore in a six-month period (1997) reported on average 15 attacks a month. Women's eNews reported that 4,000 women had been attacked in this manner in Islamabad's surroundings over an eight-year period, and that the average age range of victims was between 18 and 35, with an estimated 30 percent being pregnant at the time of death.

Between 150 and 400 cases of acid attacks are reported in Pakistan every year. As many as 80 per cent of the victims are women, and almost 70 per cent are below 18. Such attacks are not used to kill the victim but to cause disfigurement, and can often cause blindness, hearing loss and physical and mental pain. The attacks are often the result in an escalation of domestic abuse. As many as 98 per cent of the cases filed by acid attack victims are never decided due to existence of various loopholes in the law.

It is shocking to see that some people are more concerned with this law being “allegedly” against Islam and how it could be misused in ways, rather than the catastrophic and tragic state of affairs of domestic violence against women.

Nonetheless, let’s discuss their concerns. For the first allegation of this law being against Islam, it’s a simple question, please point out where does this law enact something which is prohibited/disallowed in Islam.

Note that these measures are not general and only come into effect for protection of the victim against possible harm, injury or death. You would probably be aware that as per Islamic shariah even forbidden things are permissible in cases of necessity for example warding off an aggressor even if that leads to killing him or eating dead meat for one who cannot find anything else and fears that he will die of hunger. So according to the Islamic Shariah, if anything this law is actually quite lenient, because it only says the aggressor stays away whereas in such cases much tougher actions are deemed permissible.

So repeating “against Islam” doesn’t cut it. Bring concrete, credible arguments as to what measures of this law (which only seek to protect women against harm, injury or death in domestic violence) are proscribed in Islamic Shariah.

Secondly the question of misuse. Now bear in mind that all laws are not immune to misuse, but doesn’t mean to not implement the law in the first place. Regardless, cases of misuse of this law are unlikely to be successful since the court would need to have some evidence before convicting and the courts simply don't hand out blind judgements. But, this is a trivial issue to ponder at compared to the sufferings of a huge population of domestic violence victims.

That’s the legality side done, now coming to the moral side. Anyone with some conscience, would not think of opposing these measures which could provide some relief / any relief to the numerous women suffering harms to their dignity, injuries to their body and facing imminent death. What’s worse is that literate people are relying on doubtful conjectures for opposing this law, which does not in any way help the plight of victims.

I think we should all be supportive of any measures which seek to curb these tragedies. As Pakistanis, they are our mothers, sisters and daughters too.

 

[Spring Onion]

Remembered in our society, divorced or dirty women who are declared as liberal women are not acceptable for decent males, where other only using & recycling them.

first of all Inna Lillah e wainna elahe Rajeoon for your mentality. Secondly Ours or yours male society might not be considering a divorced woman for a "decent" male BUT In Islam there is no taboo attached to marrying a divorced woman. Who can be more DECENT man than the last prophet of Islam, Muhammad (PBUH) in the entire world who had married a divorced woman. Please read Surah Ahzab (chapter 33, verse number 37).

As far as dirty women? wooohhh so who in your opinion can be declared a dirty woman? the one who gets divorce instead of tolerating the abuse of the husband?
and what is your definition of a decent man? We have seen so many bearded men, offering five times a day but alongside have multiple sexual relation (offcourse hidden relations), so i would say to hell with such decent men, I would rather like to be with not so decent man but a respectful one who does not lie because once you stop lying your character starts to come out of all wrongdoings one by one.

Now the decision is in the government & establishment court. What you wanna like to do with this country.
I have no personal issue in this regard, because I am single & we have checks to find women's of our minds & religion. But remember God is watching every one.

We would like to see our country more progressive sans any crime against women. PERIOD