When Pakistan’s military ruler Zia ul-Haq introduced what was truly a black law, the 1979 Hadood Ordinace, he proceeded in a truly dictatorial manner. His handpicked “men of religion” proposed laws in the name of Islam that blatantly violated the teachings of Islam and the Constitution of Pakistan. A more anti-women law would have been hard to legislate.
It prompted hundreds of brave Pak women to rise and challenge the military dictator and his black laws. That battle lasted for a quarter of a century; much beyond the dictator’s exit.
Despite the indefatigable efforts of women’s groups, women’s issues never had a political constituency. Most political parties were not interested in repealing these laws. And those like the Pakistan People’s Party (PPP) who were, never had the numbers. It was always going to be a military man, who would herd the unwilling while supporting the willing to ultimately undo the worst of these laws. And finally it was done on Nov. 15. Pakistan’s Parliament has taken the first concrete step toward unraveling the most controversial aspects of Hudood Ordinance. It passed by a majority vote the Women’s Protection Bill (WPB).
The controversial 1979 Hudood Ordinances covering zina (adultery and rape) and qazf (false accusation of zina) in many instances not only deny justice to the raped women but also expose them to false accusations and punishment for adultery.
Gen. Musharraf personally ensured that all the Pakistan Muslim League-Q— parliamentarians supported the WPB. All the coalition members of the ruling party including the Mohajir Qaumi Mahaz (MQM) supported it as did the country’s main opposition party the PPP.
PPP saw this as the first step toward granting equal rights to women and the MQM rejected the Muttaheda Majlis-e-Amal (MMA)’s version of Islam. The MMA were the lead opponents of the WPB. MMA has an ideological position on it. According to their understanding of Islam, this great religion that above all promotes justice, compassion and fair play, a rape victim must produce four adult male witnesses who have actually witnessed the act of rape.
They have threatened to resign on Dec. 7 and have warned that the bill would “make Pakistan a free sex zone.” They have been maintaining that the bill was meant to “appease” the United States.
Political gimmick has also been at work. Chaudary Shujaat has responded to the MMA’s criticism that it is un-Islamic by handing in his resignation to the speaker of the Parliament saying that “They (the MMA) are threatening to resign, but I am submitting my resignation if the bill contains anything contrary to Islamic teachings.” The Pakistan Muslim League-(Nawaz) and the Pakistan Tehreek-e-Insaaf also did not support it. PML-N’s leadership maintains that it opposed the WPB because it did not want to do business with a “usurper’s government.” PML-N maintained that the differing stance of the opposition parties on the WPB would damage the PPP-PML-N alliance in the Alliance for Restoration of Democracy (ARD).
Clearly PML-N has been willing to engage in business with the government over issues like privileges for parliamentarians but have refrained from supporting a move that would have repealed sections of a law that were violative of Islam and the Constitution. This WPB has been passed almost two years after the bill against honor killing was passed by the two Houses end 2004.
That was the Criminal Law (Amendment) Bill, which amended the Pakistan Penal Code and the Criminal Procedure Code and prescribed death penalty for honor-killings. Although a positive first step, it was a weak bill. By its failure to make the state the woman’s wali (guardian), the bill would not preclude the possibility of the family still granting pardon to a person killing in the name of honor. And since the killer must always be a family member, there remains a strong possibility that family members would grant him pardon. This then dilutes the deterrent impact of the bill.
Encouraged by the passage of the WPB the ruling party has presented the Prevention of Anti-Women Practices Bill for consideration by the House. This seeks to put an end to practices such as depriving women of their property rights, forced marriage, divorce by pronouncing it thrice in one sitting, and exchange marriages.
In Pakistan, popular politics is now openly challenging the role of the religio-political parties, often supported and promoted by the establishment, as the guardians and interpreters of Islam.
There is now a coalescing of various groups, the human rights groups, the women’s groups, the media and popularly elected political parties around this theme. From within the establishment Gen. Musharraf broke ranks with an ideology in vogue since the 1980s. His own personal orientation, the local, regional and global compulsions, prompted him to break ranks. While within the establishment Musharraf’s role of reorienting national ideology remains critical, it will be the political parties that will reorient Islam, nationalism and politics in the public space.
There are definite indications that street power is beginning to emerge openly in favor of women’s rights and promoting a liberal interpretation of Islam. While opposing all obscenity and vulgarity the MQM leadership has declared it will but “never tolerate any law which is against Islam and women’s rights.”
The MQM leader frontally attacked what it calls “Mullaism.” Using their street power they were out in thousands to celebrate defeat of “mullaism” which Altaf Hussain from London denounced as un-Islamic. He called for inter-faith harmony and for equal rights to minorities.
There are definite signs that Pakistan’s political landscape is undergoing change. Popular national and regional parties like the PPP, MQM, ANP and PKMAP are gathering momentum. In the coming days they will directly compete with the religio-political groups for the soul of Pakistan. Pakistan has the intellectual capacity, the democratic zeal and the political culture required to lead a reformation.
In Pakistan for too long the principles of fair play have been missing. The passage of a WPB was a significant step toward establishing fair play.
