Flogging of girl in Swat: CII questions legal status of implementation of Shariah

The Council of Islamic Ideology (CII) on Wednesday deplored the alleged quasi-judicial flogging in public of a girl in Swat and questioned legal status of implementation of Shariah in the region asking "any act of holding Courts, passing judgements and carrying out execution in any manner other than provided for in the constitution of Pakistan is violative of the Constitution".
The function of CII is to advise the government on matters which are referred for its opinion as to whether any law is in conformity with Quran and Sunnah or not.
"The Council, under these circumstances, feels obliged to observe that law making is a function of the Parliament, the procedure of which has been clearly defined in the Constitution of Pakistan. Until and unless any proposed Bill whether Criminal or Civil has been approved by the competent authorities, it has no legal or judicial validity. Only the Courts, constituted under the authority of the Constitution have the judicial authority", said the statement issued by the CII.
The Constitution of Pakistan provides that no law in Pakistan can be promulgated which is not in consonance with the Quraan and Sunnah. To bring laws in conformity with the Quraan and Sunnah, a procedure has been laid down in the Constitution.
The members of the Council have no opinion about the validity or otherwise of the incident purported to have happened in Swat and intend to discuss the event in depth in the Councils forthcoming meeting in the light of further information by the authorities.
The Council is also planning to organise an international conference to examine the issues relating to the enforcement of Shariah. Irrespective of whether this incident took place before or after the Swat agreement, the ongoing debate has raised some very fundamental questions that damage the credibility of the enforcement of Sharia. It is quite perilous to evoke paranoia or ethnicity in this debate, said the statement.
Any attempt to use this event for political gains would be detrimental to the image of Pakistan and Sharia. In Councils view lack of correct information and transparency on the part of governmental institutions would only enhance anxiety and confusion among the masses.
The statement said that while the Council hopes that a judicial inquiry looks into the veracity of the incident, it urges the media as well as authorities to safeguard the sanctity of Shariah and the Constitution of Pakistan.
The incident of flogging of a 17-year girl by Taliban was reported by the media last week and was condemned by every segment of society. The Supreme Court after taking notice of the issue had also asked for clarification about the peace deal between the government and Sufi Mohammed of Tehrik Nifaz-e-Shariat-e-Muhamamadi (TNSM) saying whether it was an accord or surrender on the part of the government.
In February, the government had struck a deal with Sufi Mohammed of Tehrik Nifaz-e-Shariat-e-Muhamamadi (TNSM) to accept a legal system compatible with Shariah law in the violent Swat region in return for peace.