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