خیر ہی خیر سر بہ سر ہونا
کتنا مشکل ہے بے ضرر ہونا
پوچھ اُن سے جو لوگ بے گھر ہیں
کیسا ہوتا ہے اپنا گھر ہونا
زخم نے جا لیا رگِ جاں کو
کیا ہوا تیرا چارہ گر ہونا
نہ سنے نالے آسماں نے مرے
ہائے نالوں کا بے اثر ہونا
کتنی آساں ہے خوب تر کی طلب
کتنا مشکل ہے خوب تر ہونا
دے گیا عمر بھر کے پچھتاوے
سب دعائوں کا بے ثمر ہونا
پا لیا رازِ زندگی تائبؔ
آ گیا کام در بہ در ہونا
Islam is the name of goodwill, and Islamic state takes into consideration all benefits for their all inhabitants, belonging to this world or hereafter. In this regard an Islamic state has a status of mother, who keeps spirit of love for all his inhabitants and who doesn’t differentiate between Muslim and non-Muslim for the delivery of rights because the head of Islamic state or khalifa will be busy to emulate rules of owner Allah Almighty (S.W) and never interfere in the handover system nor seek any personal benefit, however he will be doing sincere effort to play his role the same way which is assigned to him. Since there is no existence of Muslim state in present day structure, so in this discussion it will be attempted to differentiate between an Islamic state and Muslims state in role and behavior, which will cover the following areas. The structure of Islamic state and institutional principles The role and status of an Islamic state in world politics Present Muslims state’s status and their role in world politics and affairs as will.
Though the essential concept of rights may transform for prisoners however the prison walls do not keep the fundamental rights altogether out. The transformation of concepts of rights though subtracts several liberties however grants certain special rights to the inmates. This research is an attempt to explore those rights in a thematic way. In this regard, the first category relates to the right to avail ‘alternative strategies to imprisonment’ or ‘non custodial methods’. These methods are not very popular in Pakistani criminal justice system. The primary reason for this resistant attitude is that the out-dated laws offer extremely weak surveillance and monitoring mechanisms to support these methods/ alternative strategies. Therefore most of the times the system while failing to trust these mechanisms rules out the possibility to employ these strategies. Resultantly the detainee/offender gets affected. Chapter II, III and IV of this research particularly provide a discussion on pre-trial/pre-sentencing, post-trial/sentencing and post-sentencing non-custodial methods respectively. The second thematic category relates to the ‘rights of reformation of inmates during imprisonment’. In this regard, Chapter V specifically deals with the rights of prisoners captivated under terrorism charges. These prisoners face inequitable attitude not only during the trial but also in post-conviction scenario. This Chapter is a statutory and judicial scrutiny of the matter which provides recommendations to solve the issue. Chapter VI is a thorough discussion on the right of reformation and rehabilitation, the relevant available strategies to ensure this right in Pakistan, their reasons of failure and the suggestions for improvement. The next category relates to the post-imprisonment rights of ex-prisoners with specific reference to the ‘right of repatriation’. Chapter VII highlights the current statutory position with relation to the ex-prisoners/convicts in Pakistan. It suggests the remedies in the light of English statutory mechanisms to deal with the issue. vii Chapter VIII is a comparative study of the modern viewpoint on above-cited rights with the Islamic perspective. This Chapter concludes that the basic concepts of nearly all the modern rights and the rights provided by Sh’ariah to the prisoners are similar. Sometimes the legal procedure lacks with regard to some modern rights however this deficiency might be removed through proper law making. The final Chapter gives the concluding suggestions. Thus this thesis is not a discussion regarding the provision of basic amenities to the prisoners as their right but it touches some thematic approaches of rights of prisoners starting from the rights of ‘detainee prisoners’ towards ending upon the rights of ‘ex-prisoners’.