Pakistan's Latest Ruling Makes Us Want To Bang Our Heads On The Table And Weep

[xyxmt]

The law of the land is old and needs to be revised...Oops the whole nation is against change...Sorry I forgot!

No its not, Its Muslim law which is more closer to human nature than Western laws.

 

[VCheng]

Support does not matter. My question is can Judiciary act as a check on the legislature. I.e. like below:

That system of Checks and Balances is the US system. The Pakistani system is quite unique, let us just say that.

 

[Dubious]

I had first hand experience this year when i went to Pakistan, I went with my Cusin for his custody hearing
trust me he was being treated worst then Mother, he gave up custody when his kids were infants but his ex wont let kids even meet their father. His kids are grown up now, 12 and 10 but court only allowed supervised meeting in the courtroom.

I would rather go to Canadian courts as a divorced father than in a Pakistani court.

1) I am not against daddy's meeting their kids

whatever the circumstances.

I even underlined it for emphasis but as usual no one reads the OP

I would rather go to Canadian courts as a divorced father than in a Pakistani court.

Yet you said the article was BS?
Sure it was typical mirch masalah I dont expect much from our press....But if I edited it some people would have a heart burn

No its not, Its Muslim law which is more closer to human nature than Western laws.

No Muslim law doesnt say the underlined part

whatever the circumstances.

In every step of the "Muslim law" which mind you isnt 1 set of laws but has detailed notions ...has details and conditions for each saying....WHATEVER THE CONDITION is sickening! Its like stop bugging us we dont wanna think!

 

[Rajaraja Chola]

Only the higher courts, and even then on appeal following proper procedure. The present Family Act draws from Islamic Law and thus not easy to challenge or change.

They are SC Judges. They still can recommend. However Judges should not take extra constitutional duty as you say. Their job is to protect the law.

But if this law is barbaric (I do not know the exact tenets of Family Act) , Judges can recommend and put the ball in govt court. In India, SC have done it quite few times, leaving govt in two minds.

The Judges should have the foresight. While the ruling in effect is in accordance with the law of Pakistan a de'note verbale could have been made to govt of Pakistan.

 

[Styx]

sounds more like a fatwa from a madrassa than a ruling from a supreme court of law.

 

[Dubious]

It is Islamic ruling and you people can't make fun of that i will explain it to you suppose woman keeps children with herself and marries again from step father they can't inherit anything but if they stays with father they will inherit all of his possessions.

Islamic ruling ALL RULINGS have a but and if on them no ruling goes ALL IS OK...or whatever the condition is! Every ruling takes each case as a separate case not paint everything so the lazy judges can just say 1 thing to every case!

 

[xyxmt]

1)
Yet you said the article was BS?
Sure it was typical mirch masalah I dont expect much from our press....But if I edited it some people would have a heart burn

yes that what I said
and I also said that i would rather goto Canadian court as a divorced father to get justice than Pakistani court.
I have seen all out favors for mother, by lawyers and buy judges.

 

[Dubious]

They are SC Judges. They still can recommend. However Judges should not take extra constitutional duty as you say. Their job is to protect the law.

But if this law is barbaric (I do not know the exact tenets of Family Act) , Judges can recommend and put the ball in govt court. In India, SC have done it quite few times, leaving govt in two minds.

The Judges should have the foresight. While the ruling in effect is in accordance with the law of Pakistan a de'note verbale could have been made to govt of Pakistan.

Apparently those who worship judges think judges are only there to say some ruling and not do their work

 

[al_asad_al_mulk]

I never objected this

I asked thee about the stepfather part and inheritance!


Wow blind follower (donkey style) of every evil on the planet ,eh?

I n that case i am giving my reasoning Ok and its is proved father can keep children when they reach seven years but boy child can decide either go to mom or father but in case of girl no choice its God's law you can't object.
One personal question if you don't get offended are you female or male

 

[Dubious]

I have seen all out favors for mother, by lawyers and buy judges.

Not always...it depends who buys the judge/ lawyers...Judges are for sale in Pakistan it is no secret!

I n that case i am giving my reasoning Ok and its is proved father can keep children when they reach seven years but boy child can decide either go to mom or father but in case of girl no choice its God's law you can't object.
One personal question if you don't get offended are you female or male

1) it is not god's law ....Coz Shariah is not a book given from God it is interpretation of Quran and Hadith and no where in the Quran does it say the children should ONLY stay with 1 parent....nowhere does it say that if the father or mother is bad the child should not be protected from that parent
2) Learn about Shariah before bowing blindly! It is interpreted and when it was first established to the Shariah we know now, it has changed tons of times! Why? It changes when more detailed understanding is found and that is the job of the Qadhi to keep updated ....but in Pakistan and most of the Muslim world the Qadhi stops working after getting his degree! He just announces punishment
3) Pakistani law has both Shariah and civil law....it depends on who wants to go where


In the same spirit, the essence of Shariah is also characterized by mercy and compassion. The very purpose of Shariah is to facilitate the individual and the community to establish a relationship with God and one another. Its rules and regulations are designed to benefit and protect all members of the society. God declares in the Quran, “O you who believe! Stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin…” (4:135)

According to Ibn al-Qayyim (d. 1350), one of the great scholars of Islam, “The Shariah in its entirety is justice, mercy and benefit. So any issue that leads from justice to injustice, or mercy to its opposite, or benefit to harm, then it is not from the Shariah, even if someone thought that it is.”

Support does not matter. My question is can Judiciary act as a check on the legislature. I.e. like below:

In Pakistan ....No....each level is corrupt or is politicized....

None of our institution is free from political jargon! Hence none allows checks coz 90% of the time it can be traced back to their boss!

IN Pakistan congress is 90% not educated for the job they are doing!
SC are appointed based on favours which they return during their appointment....So BASICALLY no one checks anyone...Amazing system

 

[al_asad_al_mulk]

Its sounds like you are a woman and you find this quite disturbing in that case my sympathies with you.

Not always...it depends who buys the judge/ lawyers...Judges are for sale in Pakistan it is no secret!


1) it is not god's law ....Coz Shariah is not a book given from God it is interpretation of Quran and Hadith and no where in the Quran does it say the children should ONLY stay with 1 parent....nowhere does it say that if the father or mother is bad the child should not be protected from that parent
2) Learn about Shariah before bowing blindly! It is interpreted and when it was first established to the Shariah we know now, it has changed tons of times! Why? It changes when more detailed understanding is found and that is the job of the Qadhi to keep updated ....but in Pakistan and most of the Muslim world the Qadhi stops working after getting his degree! He just announces punishment
3) Pakistani law has both Shariah and civil law....it depends on who wants to go where


In the same spirit, the essence of Shariah is also characterized by mercy and compassion. The very purpose of Shariah is to facilitate the individual and the community to establish a relationship with God and one another. Its rules and regulations are designed to benefit and protect all members of the society. God declares in the Quran, “O you who believe! Stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin…” (4:135)

According to Ibn al-Qayyim (d. 1350), one of the great scholars of Islam, “The Shariah in its entirety is justice, mercy and benefit. So any issue that leads from justice to injustice, or mercy to its opposite, or benefit to harm, then it is not from the Shariah, even if someone thought that it is.”


In Pakistan ....No....each level is corrupt or is politicized....

None of our institution is free from political jargon! Hence none allows checks coz 90% of the time it can be traced back to their boss!

IN Pakistan congress is 90% not educated for the job they are doing!
SC are appointed based on favours which they return during their appointment....So BASICALLY no one checks anyone...Amazing system

 

[Dubious]

Its sounds like you are a woman and you find this quite disturbing in that case my sympathies with you.

Typical cant answer so utter rubbish!

Kindly dont ever quote me! I have no patience for rubbish!

 

[Dr. Strangelove]

some parts of our judiciary needs to be lined up and shot in the head

 

[Dubious]

some parts of our judiciary needs to be lined up and shot in the head

I doubt it will happen in next decade coz we literally have people who worship them and will come in between them and the bullet

Just read this thread ...and you will find a handful who cant say wrong as wrong!

 

[VCheng]

They are SC Judges. They still can recommend. However Judges should not take extra constitutional duty as you say. Their job is to protect the law.

But if this law is barbaric (I do not know the exact tenets of Family Act) , Judges can recommend and put the ball in govt court. In India, SC have done it quite few times, leaving govt in two minds.

The Judges should have the foresight. While the ruling in effect is in accordance with the law of Pakistan a de'note verbale could have been made to govt of Pakistan.

But what if the SC judges the law to be correct given that it is rooted in Islamic Law? Then the nation must accept the verdicts.