وہ بھی مُجھ کو سوچ رہا ہے
میرا دل خُوش فہم بڑا ہے
میرؔ قنوطی شاعر تھا گر
کون رجائی ہو سکتا ہے!
میرؔ و غالبؔ داغؔ و مومنؔ
اور دلی میں رکھا کیا ہے
میرؔ و ناصرؔ میرے مرشد
مجھ پر ان کا رنگ چڑھا ہے
’’پہلی بارش‘‘ جب سے دیکھی
مجھ پر اُس کا اثر ہوا ہے
کیا کیا خواب تھے دیکھے ہم نے
اپنا خواب تو خواب رہا ہے
اُس کی یاد مرا دل کھائے
کیا دل کا کچھ ہو سکتا ہے!
ایک وہ دن ، تُو ساتھ تھا میرے
ایک یہ دن ، تُو چھوڑ گیا ہے
گر ہے صادقؔ عشق ترا تو
آنکھ سے پانی کیوں بہتا ہے
The advancement in science and technology has made the world peace and prosperity very important at this time in the human history. We find in the human history, since it was recorded, that almost all the civilizations were very intolerant, brutal to their opponents, especially, to the believers of other religions. On the other hand, the Islamic states were the most tolerant and accommodating to other religions. This fact is proved from the early history of Islām during the period of the Prophet Muḥammad (r) and his immediate successors. Similar is the case in the later history of the Muslims, during the period of the Abbasid, the Umayyids in Spain, the Turks, the Mughal era and in the Far East. Human and economic losses in wars were very huge during the first, the second world wars, and the current wars being fought in Iraq and Afghanistan. The human and material losses are horrible. The author believes that the Prophet Muḥammad (r) ’s teachings and traditions of moderation, tolerance, human respect, freedom of religious practice are the only ways to peace and prosperity in the world.
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’.