What Actually Nizam-e-Adl Regulation Is
By Guest Blogger • Apr 17th, 2009 • Category: Politics • 28 CommentsThe Nizam-e-Adl Regulation (NAR) 2009 envisages no role whatsoever for the Taliban or the Tehrik-e-Nifaz-e-Shariat-e-Mohammadi (TNSM) in the running of the new justice system introduced there.
Contrary to the general perception that Swat has been surrendered to the Taliban and different sects of the religion and minorities would be at the receiving end under the new dispensation, the NAR 2009 clearly protects all Muslim sects and minorities from being tried under laws that do not match their respective faith.
These regulations also undoubtedly declare that Qazis of all the courts would be appointed by the NWFP government and that these judges are required to be “duly appointed judicial officers”. There is an impression amongst many that the Taliban would appoint their choice men as Qazis in Swat and the Malakand division.
The whole justice system revolves around the government-appointed Qazis and Qazi courts or the appellate bodies; the police; civil magistracy; and the complainant/defendant or accused/prosecutor. For out-of-court settlement, the NAR 2009 provides for “musleheen”, who would decide minor cases like a Jirga system but only with the agreement of both the parties.
What, however, the NAR 2009 emphasises is to ensure quick justice and a system where for delays in the disposal of cases not only the Qazis would be questioned but those parties trying to unnecessarily drag the case would be made to pay the cost of the case to the other party as it happens in the western capitals.
The NAR 2009, which is the replica of the regulations agreed in 1994 and 1998 for Swat by Benazir Bhutto and Nawaz Sharif governments, respectively, is not an attempt at imposing one particular Muslim sect’s interpretation of Shariah laws on all.
In the “Definitions” part, the NAR explains: “In the application to the personal law of any Muslim sect, the expression ‘the holy Qura’an and Sunnah’ shall mean the Qura’an and Sunnah-e-Nabvi (PBUH) as interpreted by that sect.
With regard to minorities, the NAR also clarifies that cases of non-Muslims in matters of adoption, divorce, dowry, inheritance, marriage, usage and wills shall be conducted and decided in accordance with their respective personal laws.
About the Qazi, it says, “Qazi” means a duly appointed judicial officer. The new judicial system in Swat would have court of executive magistrates, court of Illaqa Qazi; court of Asía Illaqa Qazi; court of Izafi Zila Qazi and court of Zila Qazi, precisely in the same pattern as we have different tiers of district courts in settled areas. Above these courts, Dar-ul-Qaza, which would be equivalent to high court, and Dar-ul-Dar-ul-Qaza, the apex judicial authority equivalent to the Supreme Court, would be created in the same region.
These Qazis would have same powers as their contemporaries enjoy in regular courts in settled areas but they would be bound to proceed within the limits set by the principles of Shariah. Just like what happens in other parts of Pakistan, the police would submit challan in each criminal case before the relevant Qazi court within 14 days of the lodging of an FIR. In addition, the copy of the FIR would also be provided to the Qazi court within 24 hours of its registration. Police in Swat are also bound to keep the judiciary posted about the progress of its investigations.
The Qazis and magistrates are bound by the NAR to follow established principles of Qura’an and Sunnah and recognised opinions of Fuqaha of Islam. There is no room for the Taliban’s interpretation of Islam or Shariah in these regulations.
To ensure quick justice, the NAR bounds the courts to decide the cases, whether of criminal or civil nature, within a stipulated time period and clearly warned: “No adjournment shall be granted to either party in any civil or criminal proceedings, except where the court is satisfied that adjournment is unavoidable. In such case the requesting party shall deposit the costs in court, which shall not be less than two thousand rupees.”
A period of not more than six month for disposal of civil case, and a period of not more than four months for disposal of criminal case, shall be standard time schedule for both the Qazi and executive magistracy courts. In case of any delay, the Qazi is bound to report the cause and reasons of such delays to Zila Qazi or to the presiding officer of Dar-ul-Qaza as the case may be. Upon examination of causes of delay if the Zila Qazi or presiding officer of Dar-ul-Qaza feels that the delay has been caused due to delaying tactics of a party, it shall impose a cost to be recovered from the defaulter party and direct the court concerned to dispose of the case within an extended period of not more than one month.
If a Qazi or executive magistrate is found responsible for delays, letter of displeasure would be issued to him by his superior authority. And if a Qazi is served with three letters of displeasure in a year, then after providing him the opportunity of being heard may make an entry in his service record. An appeal against the decision of Qazi or magistrate court would be disposed of within 30 days whereas any degree shall be executed within two months.
In case the pending cases in any Qazi or executive magistrate court exceeds more than 200 days, the government would establish a new court to ensure dispensation of justice within prescribed time schedule.
For out-of-court settlement, any civil or criminal case, subject to the mutual consent of the parties, may be referred by a court to Musleh or Musleheen before recording of evidence either on the agreement of the parties regarding the names of such Musleh or Musleheen or in case of their disagreement, to such Musleh or Musleheen whose names appear on the list maintained by the court for such purpose.
The government authorities are presently preparing rules under these regulations, under which each union council/village would constitute a body of elders, Ulema, etc., to be called Musleheen for out-of-court settlement of minor cases or those to be referred by the Qazi court with the consent of all the parties concerned.
By Ansar Abbasi
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Aftab S. Alam
As usual.
You are ABSOLUTELY RIGHT.
This guy and Dr.shireen mazari are two english speaking, blogger taliban supporters preaching their agendas.
>>>>This Ansar Abbasi’s last article was heavily criticized by Pakistanis in The Pak Tea House blog.
“”http://pakteahouse.wordpress.com/2009/04/15/zardari-makes-his-mark-another-view/”"
Have a look.
Aftab S. Alam
By the way i absolutely LOVE YOUR LANGUAGE.
People like you and MQM must come out with FULL FORCE to crush our enemies- THE FUNDOS.
Every means to fight against them is accepted.
ALL IS FAIR IN LOVE AND WAR.
We are at war.
here they come ready or not
Again, the same ‘RENOWNED COUPLE’, notorious for the ’simple, incredible, breath-taking language’ they use just because they are not in accord with a writer or anyone else.
Ansar Abbasi
You have elaborated the so called ADL in a way that it looks more bureaucratic than Islamic. Why dont you accept that you have capitulated before these beardos. This country can not punish any BIG wrong doer…. be it AAZ or NS or Swati Taliban or Molve Abdul Aziz. We dont want any ADL wadal, we simply want rule of law. Please listen to the cries from Baluchistan.
Maham! Maham! Maham!
Why?
You are being less than your usual kind self - and I wonder why?
Look, a journalist has a different role to play than other actors in the public sphere and that happens to be fair & neutral reporting on matters of public interest & concerns. She /he must be able to keep himself completely detached from the issues at hand or the sources. When a reporter decides to play politics then that’s what he / she should do. One can not be and must not be allowed to attempt fooling people with personal agendas in the garb of journalism. Journalism is an honest undertaking, it is a serious responsibility and only honest & responsible people should be encouraged & allowed. This Ansar Abbasi has failed on both counts; he considers himself bigger than what he does. He is there for self-aggrandizement at the cost of national interest. Shame on this dishonest thug.
Yaar, ‘Incredible Indian’ - thanks for being so appreciative & so encouraging. You are just about the only one, who is so generous here. Won’t you tell us what else are you in addition to being “Incredible” & “Indian” (I mean do you have a name?).
Mr. Aftab, you may not agree with me,but you don’t have any right to insult me.
Jamil, please read the piece again. Cries are coming over from all over the Pakistan.
Yaar Aftab bhai
You too are the only person who is speaking some sense.
are u based in Pakistan??
This website has a “right-wing” flavour.
You and more recently Tanzeel are the ONLY people who can be called “liberals”.
We find articles from Shireen mazari, this author and a host of other morons.
But NEVER anything from people like Irfan Hussain, Cowarjees, Nadeem F. Paracha , Mossharaff Zaidi etc………..guess why??????
i have been reading several Pakistani blogs like PAK TEA HOUSE, PAKISTANIAT, FIVE RUPEES etc…….they all impress me by the range of different opinions…….but in TPS its the same old “right-wing” anti-MQM flavoured articles.
Thanks for being a VOICE OF REASON here.
Regards.
By the way, i am just an engineer who has a huge interest in world affairs.
Indian
at this time you are playing the role of HUM NAWA in this forum.If you are in favor of mqm then its good but if people is anti mqm then surely their feelings would have been based on some personal experience.What is wrong written in this article as all is focussed on speedy trial of justice,Nothing is wrong interpreted here and you are taking it toward mqm side.
Ask mqm that why when they achieved powers of state didnt open the cases of target killings of their hunderds boys on the streets of Karachi by our law enforcing agencies.in 1992.Whole operation was conducted by station commanders all were army officers who gave list to local police and then ASIs were assigned to kill these guys on streets.
Now see their greed of power Instead of giving justice to victims of such actions after returning to to power houses ,they preferred target killings of all police men who were involved in such army operations.In response they hit hundreds of police men in same manner and our establishment had intently closed eyes on such crimes for their personal gains.They always look wailing on murder of poor boys who were in the same place at that time where now these talibans are standing. Young frustrated,misguided, unemployed,brainwashed the poor souls have adopted such acts under barbarian leadership for having better life but death was awarded to them and all their leaders fled away from this scene of chaos in save heaven .Even after 20 years of control they are unable to develop a single role model of ideal judicial system that would give little resistance to brutalities of feuds of sindh or political corruption or in misuse of govt funds in govt level.
@ # 8 : Ansar Abbasi you are an insult for yourself & your vocation. You should leave this sacred profession of journalism and leave to some God fearing honest professionals. You are a propagandist for evil. You are an imposter. Every truth about you would be insulting. I condemn you, I condemn you, I condemn you in the strongest words. Ansar Abbasi, if you can’t face the public wrath then creep up somewhere in some huge Taliban hole for that’s exactly where you should be, go take your ugly face out of public life. Damn you!
All those readers here must decide for themselves in accordance with their sense of fair reporting if we need this kind of partisan, politicized, propagandists forcing their agenda (enemy’s agenda) down our throats. If not then protest and completely BOYCOT this scoundrel this mullah Ansar Abbasi.
the two of you
made for each other
and i indian
if you dont like comming here
then explain the reason for taking part in discussion?
and who gave you the right to decide that who has the “VOICE OF REASON “?
if you are bored of anti-MQM flavoured articles
try strawberry maybe that will help
aftab ’s reaction is no surprise, You being an indian I thought that you might wnat to hear what others have to say and respect their opinion BUT one who says something you dont like you start calling him a moron !
but again thats what you hindus do in india…..supress everyone who disagrees with you
like i said Aftab and get along with each other, please take him to india as he feels ashamed to be a pakistani,
UNI
Look at the history of humanity.
Through out history,Right-wing elements have only KILLED people..
Right-wingers needs to be defeated at all cost.
Protection of humanity demands it.
When someone is ‘Reasonable’ enough to understand ‘Reason’ she / he would know and hear the “Voice of reason” - it takes one to recognize one!
Aftab can get along with anyone who can think and speak the truth as it must - loud and clear !
No, I am not ashamed to be a Pakistani - I am one because I wish to be one !
Yes, I am ashamed of all, among us, the ’sickos’, the ‘fundos’ the ‘terrorists’ the ‘traders of lies’ the ‘anti-Pakistan, Pakistanis’ the ‘haters’ the ‘imposters’ the ‘pretenders’. Yes, I am ashamed of all the ’square pegs trying to fit the round holes’ the ‘journalists playing judges and jurists’ the ‘fools playing the wise guy’. So what if they are Pakistanis, they are no good and Pakistan must be ashamed of such loosers.
[...] What Actually Nizam-e-Adl Regulation Is | The Pakistani Spectator. [...]
@ Comment # 14,
I believe, each and every Pakistani loves Pakistan, even if it is in a really ‘restrained’ way. Love for our Pakistan resides in every one of us; some may have it more than the others but nonetheless it is there. You have to give credit to people. I do. Even those who are with Musharraf, MQM or Zardari. All of them, in their little minds think that one of these leaders is going to save their Pakistan and help it prosper. It is just ignorance which is to be hated NOT THEIR LOVE.
Correction: A game which I’m sorry to say……*
Go and read my referred comments again & you will know it if you so wish.
Read my comment # 14 again and be enlightened & benefit ! It is all there and it is free !
@ Commentator A.S.A
I have nothing more to say to you. Your opinions are to be respected. If all of us would have the same views, we all would be same. This is where the difference lies within us. However, I wish to say nothing more to you. Your comment # 3 on ‘Altaf Hussain Living On Juice Only’ has somehow caused me quite pain for I used to believe that I was a good judge of character until recently. You proved yourself how wrong I was!
Maham
its not matter of defeat or victory but it should be your personal stand basis on principles and purity of feelings.We are not here to change some people as they reflect their feelings base on their brought up, working and living conditions, and their normal life styles.In one way it is good that people dont hide their personalities and very easy for us to judge that person on the spot.Enjoy their verbal skills and then compare it with their high profile talks on national issues.You would surely learn variety of personalities by this way and it will help you a lot in your professional life.