“DNA not admissible in rape cases”: CII

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On Monday, The Council of Islamic ideology (CII) passed a judgment, proclaiming that DNA tests could not be considered primary evidence in rape cases. Moreover, the council also opposed awarding a death penalty to anyone making a false accusation of blasphemy.

The CII epitomizes a stringent and orthodox branch of Islam as it unanimously rejected the Women Protection Act 2006 which was issued in place of the controversial Hudood Ordinance.

CII Chairman Maulana Khan Sheerani, speaking at a news conference on Monday, said that “The DNA test cannot replace the Islamic Law requirement of four witnesses to determine rape. The Islamic requirements, as laid out in the Hudood laws are the only primary evidence in rape cases.”

He did agree that the DNA test is a scientific advancement and cannot be ignored altogether. However, he maintained that it was the court’s prerogative to determine where the DNA test could be used as ‘supplementary evidence.’
On the blasphemy laws, Maulana Sheerani said the CII agreed there was no need to amend them. Ironically, one of the council members, Allama Tahir Ashrafi, made headlines on Wednesday when he claimed that the CII has reached a consensus on recommending the death sentence for convicted ‘false accusers’ in blasphemy cases.

Maulana Sheerani said punishment for false accusation and false registration of cases are already given in the Pakistan Penal Code (PPC). “Sections 194 and 211 of the PPC deal with false statement and registration of false cases, respectively. These can be applied to blasphemy cases as well,” he added.

Ruling out death penalty for a false accuser, the CII chairman said the person who makes a false blasphemy accusation against anyone can be tried under 194 PPC and punished accordingly. If enforced properly, this could very well serve as a deterrent, he added.

According to Maulana Sheerani, the CII agreed that many provisions of the Women Protection Act were contrary to the Holy Quran and Sunnah. “For instance, fornication is not a punishable offence under the act while under the Islamic laws it is considered as rape,” he added.

The council has conveyed its recommendations to parliament. “Now, it’s for the legislature to act upon the

14 COMMENTS

  1. Very courageous and bold decision, every sincere Pakistani Muslim will like these comments and do we hope to motivate and regularize in the Islamic Republic of Pakistan

    • really? and motivating and regularizing Pakistan will be done by sending rapists back into society free because the victim cant 'surprisingly' find 4 men of upstanding character who were loitering around to witness the rape?

    • So Pakistan will be a vacation camp for the scum of other countries and pedophiles: http://www.pakistantoday.mbt.pk/2014/03/11/nation
      A crime is a crime and it should be punished using any technology at hand, what would you do if your mother or your sister (well i know that all muslims sees their females more like commodity assets or slaves but just pretend you care for your female siblings and mother) or your aunt were one day fine as usual and a bunch of drunk men raped them and nobody else were around or only another woman saw it and ran? (like happened in India) if you do not nothing to punish the criminals you're a criminal and if you justify them then you're a monster.

  2. Totally baseless decision. This is basically legalizing rape. When you have modern technology why not make use of it? I have always been a bit skeptical about the 4 wintesses tenant because if there were 4 wintesses, Why they didnt stop the rape from happening and if they did not, then they are a party to it. We need to be progreesive in this case. I am not denying the Islamic tenant nor have the intention to do so but just saying so from a logical point of view.

    • 4 witnesses is needed when some body try to blame women for zana or her husband blame her for zana to secure or protect women from this situation because women is a weak figure in society Allah give this law to society that if 4 of u notice about some women that she is involve in such type of activities like zana or involve in some namahrum(prohibited relation) man than u have to represent at least 4 men or women as a witness don't miss use this law please to present false picture of Islam.

  3. This is total rubbish. That law of 4 witnesses was for that particular time. These maulanas should b put In a line n shot altogether. Our religion speaks of justice depending on wat available resources u hv at that time. These idiots think they’re d leaders of Islam. Truth is they’re d biggest enemies of Islam.

  4. Any system that fails to or stops any effort to empower weak in the society, sure to be condemned and it will end up on the wrong side of history. This is what happening with slam at the moment.

  5. Haha, in islam there is no any concept of rape, if the victem of rape which in general a girl can not demand a justice because she also comit adultry even she has no consent to do that.. And she must be punished with the man if proved…
    We can not handle the Rape in islam technically, but there is lot of deffirence between rape and fornication..

  6. Incorrect understanding of Islam. This is like providing legal support to rape. These people are destroying Islam and our country out of their rigid and incorrect understanding of Islam.

  7. Stoning till death is a very grievous sentence for this reason the criteria of 4 eye witnesses is so strictly enumerated in Hudood laws…

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