Dec. 23: Pakistan’s top Islamic court has declared parts of the “women protection” law as violation of the Constitution and Islam. Pakistan’s Constitution is based on Islamic teachings and mentions that no law against Islam or Sunnah (the practice of Prophet Mohammed) can be implemented in the country.
The Federal Sharia Court (FSC) which is a parallel Islamic top court with the Supreme Court — issued the directive on Wednesday declaring some clauses of the Protection of Women (Criminal Laws Amendment) Act 2006 as violative of the Constitution and Islam.
The law was introduced primarily to ensure security for working women who often face sexual harassment in the male-dominated society.
“Sections 11 and 28 of the Protection of Women (Criminal Laws Amendment) Act 2006 (Act VI of 2006) are hereby violative of Article 203DD of the Constitution because these provisions annul the overriding effect of the Hudood Ordinances VII of 1979,” a three-member bench of the Federal Sharia Court, headed by Chief Justice Agha Rafique Ahmed Khan, announced the verdict in identical Sharia petitions, challenging the Act.
No legislative instrument can control, regulate or amend this jurisdiction which, was mandated in Chapter 3A of Part VII of the Constitution of Pakistan, the court further ruled.