"We want to first tell that Islamic punishments can not be applied selectively. If Shariah punishments have to be introduced it should be for all. Moreover if Prime Minister wants to introduce Shariah she should include it in her party's program and first implement Islam's economic, social and educational program. Islamic law or Shariah does not include only penal laws but also economic, family, commercial, constitutional and international law. The PM has wrongly used the word Qiyas which has nothing to do with penal law. The word would be Qisas which means giving same punishment as offender did; life for life, eye for eye, same injury as was inflicted on the victim."(last para of the editorial)
From: SAHANNAN [mailto:sahannan@sonarbangladesh.com]
Sent: Saturday, November 17, 2012 8:55 AM
To: 'hkbadal@gmail.com'
Cc: 'sumaiya1@yahoo.com'; 'eliasfaridpur@yahoo.com'
Subject: PM threatens to try War crime Accused under Sharia law : Islam's Economic, social and Educational program's should be Implemented first --editorial
PM threatens to try War crime Accused under Sharia law : Islam's Economic, social and Educational program's should be Implemented first
Prime Minister Sheikh Hasina yesterday said those attacking law enforcers and trying to hinder the war crimes trial could be tried under Sharia."The more excesses they do, the faster will be the war crimes trials. There will be no let-up in the trials," she said.The government knows how to deal with those who are attacking police and out to save the war criminals. Besides, there are even alternative means like sharia to try them, she said.The prime minister was addressing a meeting of the Awami League Central Working Committee at her Gono Bhaban residence.
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Contacted, noted jurist M Zahir said it would not be possible to try anyone under sharia [Islamic law] straight away. Those attacking the police could be tried under the traditional laws of the land."If the trials have to be done under sharia, the Islamic law has to be passed by parliament," Zahir told The Daily Star, adding that if any law was passed only to punish someone or some people, it would be considered a bad law.
The prime minister in her speech also mentioned qiyas. According to Wikipedia, qiyas is the process of deductive analogy in which the teachings of the Hadith are compared and contrasted with those of the Quran, in order to apply a known injunction to a new circumstance and create a new injunction. Here the ruling of the Sunnah and the Quran may be used as a means to solve or provide a response to a new problem that may arise.
We want to first tell that Islamic punishments can not be applied selectively. If Shariah punishments have to be introduced it should be for all. Moreover if Prime Minister wants to introduce Shariah she should include it in her party's program and first implement Islam's economic, social and educational program. Islamic law or Shariah does not include only penal laws but also economic, family, commercial, constitutional and international law. The PM has wrongly used the word Qiyas which has nothing to do with penal law. The word would be Qisas which means giving same punishment as offender did; life for life, eye for eye, same injury as was inflicted on the victim.
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