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World Concerns Over Shariah in Swat

And they're off and...:


Religious scholars express reservations over Nizam-e-Adl

Staff Report

KARACHI: Pakistan’s religious scholars and Ulema have expressed reservations over the implementation of the Nizam-e-Adl Regulation 2009 in Malakand division, which was imposed after a deal was finalised between the NWFP government and Tehreek-e-Nifaz-e-Shariat Muhammadi (TNSM).

Pakistan Mufti-e-Azam and Ruhat-e-Hilal Committee Chairman Mufti Muneeb-ur-Rehman, while talking to Daily Times on Tuesday, said that the deal is a ‘silent’ agreement between two parties which is a step towards curbing the ongoing unrest. “Does the agreement justify the killing of innocent people and if so, who is to blame for the deaths? The second question that arises is that if the Shariat has been imposed by force then what about the other parts of the country?” asked Rehman. Replying to a question, Rehman said that even though he is Pakistan’s Muft-e-Azam, his opinion was not sought in this regard. He demanded that President Asif Ali Zardari and Prime Minister Yousuf Raza Gilani take all religious scholars of all sects into confidence before implementing the Nizam-e-Adl Regulation 2009.

Idara-e-Tabligh Taleemat-e-Islami Pakistan Head Allama Syed Aun Naqvi said that it is a political deal which has been done with Tehreek-e-Taliban Pakistan through Sufi Muhammad. Expressing his reservations, he said, “What about the people belonging to other sects in the Malakand division such as Birhalvi, Shia, Ismaili, Bohri to name a few?” He added that if the regulation is implemented in other areas of NWFP, the people will not be given justice, the impact of which will be seen throughout the country.

He also said that if this is the way that the situation will be dealt with, the people might hold protests throughout the country. He declared that the decisions in the Shia sect are taken in the light of the Quran, Sunnat and wit, adding that, “This decision was taken by consulting the Quran, Sunnat and Ijema, hence, the Shia community does not accept the agreement.”
 
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And they're off and...:


Religious scholars express reservations over Nizam-e-Adl

Staff Report

KARACHI: Pakistan’s religious scholars and Ulema have expressed reservations over the implementation of the Nizam-e-Adl Regulation 2009 in Malakand division, which was imposed after a deal was finalised between the NWFP government and Tehreek-e-Nifaz-e-Shariat Muhammadi (TNSM).

Pakistan Mufti-e-Azam and Ruhat-e-Hilal Committee Chairman Mufti Muneeb-ur-Rehman, while talking to Daily Times on Tuesday, said that the deal is a ‘silent’ agreement between two parties which is a step towards curbing the ongoing unrest. “Does the agreement justify the killing of innocent people and if so, who is to blame for the deaths? The second question that arises is that if the Shariat has been imposed by force then what about the other parts of the country?” asked Rehman. Replying to a question, Rehman said that even though he is Pakistan’s Muft-e-Azam, his opinion was not sought in this regard. He demanded that President Asif Ali Zardari and Prime Minister Yousuf Raza Gilani take all religious scholars of all sects into confidence before implementing the Nizam-e-Adl Regulation 2009.

Idara-e-Tabligh Taleemat-e-Islami Pakistan Head Allama Syed Aun Naqvi said that it is a political deal which has been done with Tehreek-e-Taliban Pakistan through Sufi Muhammad. Expressing his reservations, he said, “What about the people belonging to other sects in the Malakand division such as Birhalvi, Shia, Ismaili, Bohri to name a few?” He added that if the regulation is implemented in other areas of NWFP, the people will not be given justice, the impact of which will be seen throughout the country.

He also said that if this is the way that the situation will be dealt with, the people might hold protests throughout the country. He declared that the decisions in the Shia sect are taken in the light of the Quran, Sunnat and wit, adding that, “This decision was taken by consulting the Quran, Sunnat and Ijema, hence, the Shia community does not accept the agreement.”


Why dont Naqvi sb give any statement of sunni muslim living under shia shariah law in iran,

Majority is authority.

Mufti -e Azam may be belong to bralvi school of thaught , he may be affraid of shariah in SWAT because it may get popularity and spread in other part of pakistan , then Halwa mullahs have to learn few skills to earn bread and butter.:lol:
 
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By Delawar Jan

PESHAWAR: The negotiating committee of the NWFP government and representatives of militants operating under the command of Maulana Fazlullah in the volatile Swat valley on Tuesday claimed to have achieved further breakthrough in their second round of talks held in the historic Mehmankhana (guesthouse) of the provincial metropolis, saying they were inching towards a peace agreement.

Both the sides said they reached a consensus on most of the points and were upbeat about the success of the talks. However, the spokesman for the Swat Taliban, Muslim Khan, conditioned the success of the negotiations with the sincerity of the government and its independence in taking decisions. "We know our government is not independent in taking decisions and fear the continuing dictations from the US could end the talks in smoke," he apprehended.

The government was represented by NWFP senior ministers Bashir Bilour and Rahimdad Khan, Afrasiyab Khattak, Wajid Ali, MPA Shamshir Ali Khan, DPO Swat Waqif Khan and Deputy Inspector General Malakand Range Tanvirul Haq Sepra, while Muslim Khan, Mehmood Khan, Nisar, Muhammad Amin, Ali Bakht, Shamshir and Naseeb Rawan represented the Taliban in the talks. The negotiating team shared their demands with each other but the government said it would not make them public till the final peace agreement. However, Muslim Khan told mediamen that they tabled seven demands to the government, which also included three points from the Tehrik-e-Taliban Pakistan (TTP). The TTP is the umbrella organisation of all the militant groups operating in the troubled seven tribal regions and 24 settled districts of the NWFP, including Swat. The three demands that the TTP conveyed to the NWFP government through Swat militants included the withdrawal of Army from Waziristan, Darra Adamkhel and Swat, swap of prisoners and compensation to the people who suffered during the military operations.
The Swat-specific demands were the enforcement of Shariah in the erstwhile Malakand division, handing over control of Fazlullah's headquarters, Mam Dherai, to the Taliban and permission to the firebrand cleric to continue broadcast of the illegal FM radio channel. The illegal FM radio channel owned by Fazlullah had been the cause of tension and operation in Swat. Despite tough demands, members of government committee and Taliban claimed a breakthrough in the talks and said they had reached a consensus on most of the points and another meeting would be held in the next one week to resolve other disputed points. "I can only say that the talks are going in the right direction as we have achieved consensus on most demands that were tabled by the Taliban team, but I can't say on which points we achieved consensus," said Wajid Ali Khan, NWFP Minister for Environment and member of the negotiating team from the government. Wajid said the disputed issues would be discussed in the third round of talks to be held with in a week.

"We held three sittings today and resolved 75 per cent of issues but there are still differences on certain issues. We will consult our Shura for resolving the contentious issues while the government committee will take its side into confidence. We hope these issues will be resolved provided no foreign powers interfere and sabotage the negotiation process. The government sincerity for resolving the Swat problems is also crucial," he said and hastened to add the enforcement of Shariah was very important for them. He added if Musharraf relinquished power, 99 per cent of problems will automatically come to an end.

On laying down their arms, he said this issue would be tackled in line with the Shariah. "We have not picked up arms for fun but for our protection. We have no desire for showing off arms if all issues are resolved," he said.
 
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I would partly agree to the concerns of the world on the recent development in Swat. If this peace accord in unable to contain the violence perpetuated by the foreigners, if the area is continually used as a safe haven for Al-Qaeda or Talibaan operations in Afghanistan and/ or suicide bombings within Pakistan, then I am afraid the next option would only be the mass purging of the notorious elements by the Army with complete media blackout! Let us hope for the last time that the local Sufi's and Maulvi's understand this for the sake of Swat and its people!
 
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Pakistani Constitution has provision for Islamic law : US
Anwar Iqbal
Wednesday, 18 Feb, 2009 | 01:12 AM PST | Islamists’ convoy led by cleric Sufi Mohammad, arrives for talks with Taliban leader Maulana Fazlullah at Mingora in the troubled Swat valley.—AFP
WASHINGTON: The US State Department said on Tuesday that there’s provision for the Islamic law in the Pakistani constitution and the government’s decision to introduce religious laws in the Swat Valley was not an issue for anyone outside Pakistan.

Secretary of State Hillary Clinton was equally careful when asked to comment on an agreement between Pakistani authorities and the Swat militants that allows for the implementation of sharia in the valley.

She told reporters in Tokyo that the United States was studying the agreement and was trying to understand the Pakistani government’s ‘intention and the actual agreed-upon language.’

But the secretary warned that ‘activity by the extremist elements in Pakistan poses a direct threat to the government of Pakistan as well as to the security of the United States, Afghanistan and a number of other nations not only in the immediate region.’

Pakistani authorities say the accord, which aims to end 20 months of fighting in the Swat Valley, is in the country’s best interests and doesn’t represent a victory for Taliban insurgents.

At the State Department, deputy spokesman Gordon Duguid echoed what Pakistani officials had said while defending the Swat agreement.

‘The Islamic law is within the constitutional framework of Pakistan,’ he said. ‘So I don't know that is particularly an issue for anyone outside of Pakistan to discuss, certainly not from this podium.’

When a reporter described the agreement as a peace treaty between the Taliban and the government of Pakistan, Mr Duguid said: ‘I'm not sure about your characterisation of what has gone on in Pakistan. I refer you to the government of Pakistan for a better readout of that.’

He said the United States was discussing the issue with the government in Pakistan and will wait for their fuller explanation before commenting on the agreement.

‘Is it a good development or a bad development?’ another reporter asked. ‘We've seen these sorts of actions before. What is, of course, important is that we are all working together to fight terrorism and particularly to fight the cross-border activities that some Taliban engage in, in attacking Afghanistan.’

Yet another reporter reminded the US spokesman that the Nato had warned that the agreement could lead to a safe haven for extremists in the region. Mr Duguid said since he had not seen ‘the full context’ of the Nato statement, he would not offer further comments.

The United States, he said, had stayed engaged with the government of Pakistan on this and other issues that concern the US-led coalition in Afghanistan but it will wait to see what the Pakistan ‘government's aims are and then, if I have more to offer on that, I'll get back to you.’

Mr Duguid said that the US Embassy in Islamabad was trying to find out what’s the strategy of the Pakistani government for dealing with the militants operating in Swat.

When a reporter suggested that the spokesman should get his brief and later tell journalists if he believed the agreement was good or bad, Mr Duguid said: ‘I don't think that I'm going to give a judgment out from the podium when they've just announced this. They've just started their actions.’

Diplomatic observers in Washington say that the State Department’s cautious reaction shows that the US is still trying to understand the development.

They say that instead of using a public platform for condemning the agreement, the US administration is using diplomatic channels to ensure that whatever agreement Pakistan makes with the militant, it does not hurt the US-led war against the Taliban and al Qaeda militants.

Unlike the State Department, the US media and think-tanks have reacted strongly to the agreement, describing it as a mistake that may have dangerous consequences for Pakistan.

‘It looks like total capitulation to the TNSM, takes back right back to the first agreement in Swat which fell through,’ said Marvin Weinbaum, a former State Department adviser on Pakistan and now a think-tank expert.

He warned that the Swat treaty may set precedence for other similar agreement in the Frontier area.

Mr Weinbaum, however, said he believed it was the military’s initiative and he understood why. ‘They are the ones suffering casualties in Swat,’ he added.

He recalled that the previous agreement with the TNSM fell through because the two sides could not agree on the presence of Pakistani troops in Swat.

‘I don’t know what the arrangement for the troops is in this agreement,’ said Mr Weinbaum, adding that it too could run into troubles over this issue.

http://www.dawn.net/wps/wcm/connect...c-law-is-within-pakistani-constitution-us--bi
 
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Why dont Naqvi sb give any statement of sunni muslim living under shia shariah law in iran,

Majority is authority.

Mufti -e Azam may be belong to bralvi school of thaught , he may be affraid of shariah in SWAT because it may get popularity and spread in other part of pakistan , then Halwa mullahs have to learn few skills to earn bread and butter.:lol:

Just becasue one nation does somethign wrong does not mean we do it too. His point is valid - Pakistan is home to many schools of thought, and if Shariah is imposed, it shoudl be done with consensus.
 
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By Delawar Jan

PESHAWAR: The negotiating committee of the NWFP government and representatives of militants operating under the command of Maulana Fazlullah in the volatile Swat valley on Tuesday claimed to have achieved further breakthrough in their second round of talks held in the historic Mehmankhana (guesthouse) of the provincial metropolis, saying they were inching towards a peace agreement.

Both the sides said they reached a consensus on most of the points and were upbeat about the success of the talks. However, the spokesman for the Swat Taliban, Muslim Khan, conditioned the success of the negotiations with the sincerity of the government and its independence in taking decisions. "We know our government is not independent in taking decisions and fear the continuing dictations from the US could end the talks in smoke," he apprehended.

The government was represented by NWFP senior ministers Bashir Bilour and Rahimdad Khan, Afrasiyab Khattak, Wajid Ali, MPA Shamshir Ali Khan, DPO Swat Waqif Khan and Deputy Inspector General Malakand Range Tanvirul Haq Sepra, while Muslim Khan, Mehmood Khan, Nisar, Muhammad Amin, Ali Bakht, Shamshir and Naseeb Rawan represented the Taliban in the talks. The negotiating team shared their demands with each other but the government said it would not make them public till the final peace agreement. However, Muslim Khan told mediamen that they tabled seven demands to the government, which also included three points from the Tehrik-e-Taliban Pakistan (TTP). The TTP is the umbrella organisation of all the militant groups operating in the troubled seven tribal regions and 24 settled districts of the NWFP, including Swat. The three demands that the TTP conveyed to the NWFP government through Swat militants included the withdrawal of Army from Waziristan, Darra Adamkhel and Swat, swap of prisoners and compensation to the people who suffered during the military operations.
The Swat-specific demands were the enforcement of Shariah in the erstwhile Malakand division, handing over control of Fazlullah's headquarters, Mam Dherai, to the Taliban and permission to the firebrand cleric to continue broadcast of the illegal FM radio channel. The illegal FM radio channel owned by Fazlullah had been the cause of tension and operation in Swat. Despite tough demands, members of government committee and Taliban claimed a breakthrough in the talks and said they had reached a consensus on most of the points and another meeting would be held in the next one week to resolve other disputed points. "I can only say that the talks are going in the right direction as we have achieved consensus on most demands that were tabled by the Taliban team, but I can't say on which points we achieved consensus," said Wajid Ali Khan, NWFP Minister for Environment and member of the negotiating team from the government. Wajid said the disputed issues would be discussed in the third round of talks to be held with in a week.

"We held three sittings today and resolved 75 per cent of issues but there are still differences on certain issues. We will consult our Shura for resolving the contentious issues while the government committee will take its side into confidence. We hope these issues will be resolved provided no foreign powers interfere and sabotage the negotiation process. The government sincerity for resolving the Swat problems is also crucial," he said and hastened to add the enforcement of Shariah was very important for them. He added if Musharraf relinquished power, 99 per cent of problems will automatically come to an end.

On laying down their arms, he said this issue would be tackled in line with the Shariah. "We have not picked up arms for fun but for our protection. We have no desire for showing off arms if all issues are resolved," he said.

Warraich,

You need to post links, and that article is from the last round of negotiations in 2008.
 
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An excellent analysis IMO:

From son to father-in-law​

Wednesday, 18 Feb, 2009 | 04:52 PM PST |

NEVER before in the troubled history of the NWFP has the outcome of a peace agreement so heavily depended on one man. The septuagenarian leader of an outlawed Islamist movement has been entrusted with the task of ending — almost single-handedly —blood-letting and throat-slitting in one of the most strife-torn regions of the country and restoring to it an abiding peace.

Such are the dramatic twists and turns of events in the chequered history of Pakistan that the government has had to turn to the man it had cast into prison for illegally crossing over into Afghanistan to wage what he viewed as jihad against the invading American forces. His much-maligned organisation, Tehrik Nifaz-i-Shariat Muhammadi, is now being expected to salvage the seemingly irredeemable situation in Swat.

Languishing in Dera Ismail Khan’s central prison a year ago, Maulana Sufi Muhammad could not have imagined that a strange concatenation of events would enable him to emerge as a possible saviour not only of the strife-hit people of Swat but also of the government, utterly at a loss to douse the raging flames of violence in the scenic valley.

So, as the elderly, black-turbaned leader embarks on an arduous journey to accomplish a job considered by many analysts to be too difficult, if not downright impossible, those who assigned him the task must now wait with bated breath, knowing full well that the mission is not only fraught with danger but is also entirely unpredictable. No one knows what may happen if he fails.

Sufi Muhammad has gambled. But so has the secular nationalist Awami National Party government. By a strange quirk of fate, the NWFP government has had to first deal with Sufi Muhammad’s son-in-law, Maulana Fazlullah, and now with Sufi Muhammad himself. The first encounter was not completely pleasant.

The May 2007 peace agreement with firebrand Maulana Fazlullah failed only two months after it was signed, leading to even more violence and bloodshed.

The peace accord not only earned the displeasure of the military establishment, which considered it one-sided, but also incurred the opprobrium of the secular-liberal elite of the country that saw it as a shameful capitulation to militants.

Is the ANP repeating the same mistake by leaning on another cleric to bring back elusive peace to Swat? From the looks of it, the ruling party was probably left with little choice.

The third phase of the military operation launched on January 26 was making little progress. But the militants were seen to be gaining ground, coming menacingly close to the district headquarters of Mingora.

Violence was taking a heavy toll on public life. Hundreds of people were being uprooted and forced to relocate to other places. For nearly a year and a half, Swat was under curfew. The ANP was becoming increasingly jittery and frustrated, coming under growing pressure from within the ranks to throw in the towel. The party took the unusual step of going public with an expression of disaffection with the military operation.

It was the inability of political parties to overcome an ascendant Taliban movement that caused the political and military leadership of the country – always suspicious of each other – to look for a new political initiative. That was how Sufi Muhammad entered the equation.

The new initiative was launched in October and was accepted with some trepidation by the political and military establishment. It received greater acceptance when reality began to dawn on the government that it would have to look beyond a military option to resolve the conflict.

Enlisting the support of Sufi Muhammad was crucial. Known to be rigid and unpredictable, Sufi surprised official interlocutors by offering to do government bidding, provided it made a public pledge to enforce Sharia in the whole of Malakand – an area comprising seven districts and designated as Provincially Administered Tribal Area (Pata).

Malakand is governed by a regulation enforced through an executive order of the governor of the NWFP with prior approval of the president.

In 1994, Benazir Bhutto’s government had introduced Nifaz-i-Nizam-i-Shariah Regulation following a violent uprising by Sufi Muhammad that was subsequently put down through the use of force. But those were different times.

Nawaz Sharif’s Pakistan Muslim League improved upon Benazir’s regulation to make it more effective and introduced its own Sharai Nizam-i-Adl in 1999 – a regulation still in force in Malakand.

The two regulations provided only for a judicial mechanism, but they changed little in substance. Only the designation of judges was changed to qazis. Those were normal courts working within the ambit of Pakistani laws and the constitution. No convict was ever lashed or his hands chopped off.

Dawn has a copy of the last draft that has been seen and approved by President Asif Ali Zardari, who after initial reservations over possible objections from the US finally gave the go-ahead to the ANP government to sign the deal with Sufi Muhammad.The newer version is a further improvement on the older ones. Not only does it provide for an increase in the number of courts, it also provides a timeframe to dispose of criminal and civil cases within four months and six months, respectively.

The only contentious issue of Muawin Qazi or additional judge, which some thought would open the gates of the judiciary to the clergy, has been removed.

As things are, the Pakistan Penal Code and the Criminal Procedure Code in their existing form will remain enforced in Malakand, unless the Council of Islamic Ideology declares them un-Islamic.

Unfortunately, most of the criticism of Nizam-i-Adl 2009 has come from those who have not even seen its contents. There is nothing “sharai” or “un-sharai” about it.

The argument, therefore, is not as much about the contents of the new regulation as it is about what may follow.

By enlisting Sufi Muhammad’s support, the authors of the new political approach hope to be able to drive a wedge between the father-in-law and the son-in-law, with the former promising to declare the armed struggle un-Islamic if the militants refuse to lay down their arms.

These strategists also believe that by pledging to introduce Nizam-i-Adl and not actually enforcing it, they are denying Fazlullah and his violent clan the slogan that they are fighting for shariah and are thus denying them moral high ground.

The new initiative may also set off a power struggle between the father-in-law and his estranged son-in-law.


Clearly, the government, by signing an agreement with Sufi Muhammad, is seeking to use him as a counterweight to the more radical Maulana Fazlullah.

The militants have publicly endorsed Sufi’s support for Nizam-i-Adl 2009 but while Fazlullah appears willing to concede some space to his father-in-law, he is not likely to give up his present dominant role to a much weaker new entrant on the stage.

Even the planners of the new initiative know that militants may try to wriggle out of the agreement by finding fault with the new regulation or making some excuses. In the larger scheme of things, the Tehrik-i-Taliban Pakistan, of which Fazlullah’s band is a member, would not like to give up Swat so easily. What will happen then is anybody’s guess, but for now it seems that Sufi Muhammad is the government’s best insurance policy.

It is also important to know if the government has any plans to intercede during the ceasefire. Does it have the infrastructure and the mechanism to make use of this respite to try and wean away people from Fazlullah and use this to its advantage?

The more important question is: who is calling the shots?

The unfortunate thing is that the government is not speaking with one voice. A statement by Federal Information Minister Sherry Rehman has created doubts and may actually be used by the militants to put the question mark over the credibility and sincerity of the government to enforce the new regulation.

The stakes are high in a triangular game between the father-in-law, his son-in-law and the government, with the brutalized and intimidated people of Swat watching in bewilderment whether their ordeal has really come to an end or is it about to enter a newer, yet bloodier phase.

DAWN.COM | Pakistan | From son to father-in-law
 
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GEO World
US in contact with Pakistan over Swat agreement: State Deptt.
Updated at: 1459 PST, Wednesday, February 18, 2009

WASHINGTON: The United States State Department had no specific comment to offer on the Swat peace agreement, saying it is in contact with the Pakistani government to learn about the full strategy.

“We are in touch with the government in Pakistan, we are discussing the issue, but that is all I have for you at the moment,” a State Department spokesman said at the daily briefing in his cautious response to questions on the development that Pakistan said would help bring peace to its restive valley in the northwestern province, bordering Afghanistan.

Spokesman Gordon K. Duguid, asked to comment on enforcement of Shariat-based justice system in Swat said, “As I understand that Islamic law is within the constitutional framework of Pakistan, so I don’t know that is particularly an issue for anyone outside of Pakistan to discuss.”

Pressed if Washington saw the agreement as a good or bad development, he said “We have seen these sorts of actions before, what is important is that we are all working together to fight terrorism, and particularly to fight the cross-border activities that some Taliban engage in, in attacking in Afghanistan.”

Asked if the United States shared NATO’s comments on the possible impact the agreement may have in terms of providing sanctuaries for militants, he said: “We are a part of NATO, I saw those comments, I did not see the full context of them, however. So I won’t, I don’t have anything further to offer on that.
 
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Even in this worst of economic recessions the whole world is still taking a step forward & here we have Pakistan throwing its own province back to the dark ages. The day isn't far off when Islamabad would capitulate to these bearded radicals and beheadings would take place on the pitch of the Gaddafi Stadium, Lahore.
 
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Even in this worst of economic recessions the whole world is still taking a step forward & here we have Pakistan throwing its own province back to the dark ages. The day isn't far off when Islamabad would capitulate to these bearded radicals and beheadings would take place on the pitch of the Gaddafi Stadium, Lahore.

Yousaf is playing in india not in pakistan , we want islam to change lives ask him how he is feeling after embracing islam .

Junaid Jamshed, saeed anwar also changed life style , both are good examples, we dont want talaban islam dont worry.:enjoy:
 
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Warraich,

You need to post links, and that article is from the last round of negotiations in 2008.

Sorry i could not find link,but you are may be right .

Intresting thing to notice is where are three points of PTT? No news now?
 
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Just becasue one nation does somethign wrong does not mean we do it too. His point is valid - Pakistan is home to many schools of thought, and if Shariah is imposed, it shoudl be done with consensus.

Yes, difference in thought is healthy sign,they need to consider their Fiqa also.
 
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Even in this worst of economic recessions the whole world is still taking a step forward & here we have Pakistan throwing its own province back to the dark ages. The day isn't far off when Islamabad would capitulate to these bearded radicals and beheadings would take place on the pitch of the Gaddafi Stadium, Lahore.

Erm, a bit premature perhaps, and I'd add, far-fetched?

Also, you better hope that no such thing happens, because then their next target would be - you guessed it - India.
 
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