اسلام كے فوجداری نظام كا ضابطہ قسامت

e Qasama Doctrine of Islamic Criminal Law The mashroom-growth like blind murder cases, have, now a days confused and perplexed the law-enforcing agencies the reason is that such murder-cases are taken in hand and tried to be dealt with the common criminal procedures The criminal in such a case leaving no clue thereto succeed in detracting the police. As a result the FIR is lodged against an anonymous 'accused' afterwards and the case is filed because of the non-availability of required proof. Contrary to the above Islam introduces the procedure cf Qasama _ which literally means administring an oath which in juristic terminology applied to a way and process where some persons are held responsible in a blind murder for an oath in words, that; By Allah! Neither they have committed the murder nor they noticed the culprit. In case of refusal they are adjudicated for Qisasand for the payent of Diyat in vice versa. Historically Qasama procedure is traced back to pre-lslamic tribal-law which were then, afterwards modified and re-enforced by the Prophet (SAW) and his Khulafa. With the exception of some minor juristic controversies regarding the structure and framework of Qasama procedure multitude of muslim jurists hold it a valid way for the adjudication of a blind-murder. It is with all regrets that-lslamic Ideological council ( HC) despite its introduction .

Impact of Changing Women Status on Pakhtun Society.

Prior to the independence of Pakistan, during the Muslim and British rule in india subcontinent was mostly based on customs and environment produced by the integration of various cultural and religious groups. Status accorded to women was not subordination and they faced economic inequality and male domination. With the passage of time and the advancement of western education through increased impact on intellectual, social, political and economic issues of Europe and the Muslim world in the 19 th century influenced the traditional society and the role of women. Change in the status of women from that of subordination to gender equality was becoming visible in the middle of 20 th century, and at the same time, cultural and traditional practices continued to have a strong hold and influence on the status of women in the region, which brought forth a new situation of restlessness in traditional structure on one hand and empowerment of women on the other. Continuous efforts had been made by the government and private sector to recognize the ability, competence and input of women in the development of society at national and regional levels. The researcher having the social science background was interested to understand the trends and practices toward women and their status in Pakhtun society. This study had been carried out to explore various factors influencing the traditional society in general and women with their ascribed and prescribed roles. The study focused on the following objectives. 1. To find out the factors influencing the life of Pakhtun woman in her social setup. 2. To find out factors bringing change of status of woman in society. 3. To find out the impact of change of woman status on family structure. 4. To explore problems faced by men and women due to change in the status of women. The study focussed on five districts of Khyber Pakhtunkhwa i.e Peshawar, Mardan, Charsadda, Nowshera and Swabi with equal gender representation of geographical area. The data was collected from 500 respondents including 250 females and 250 males with equal representation of rural and urban areas. The study was based on the following hypothesis. 1. Educated Pakhtun women are empowered and have improved status in the society and the findings are that the research hypothesis was not accepted.(reference page:189) vi 2. Educated Pakhtun women are empowered in making independent decisions and the findings are that the hypothesis was not accepted. (reference page:193) 3. Working woman gets respect and love in the family and the findings are that the hypothesis was not accepted. (reference page:195) 4. Improved economic status of woman has psychologically empowered her in Pakhtun society and the findings are that the research hypothesis was not accepted. (reference page:198) Major findings of the study revealed that education, science, technology and employment of women were the basic tools and instrument of both economic growth and social change which lead to enhance women status and their participation in decision making process. The research findings showed that majority 83.8 percent respondents (both males and females), that females are involved in the family decisions, while 16.2 percent respondents declined any such involvement. With reference to participation of women in political activities, it was found that men still enjoy decisive power in allowing women to contest in elections casting vote or supporting any political party independently. Further it was found that 51.2 percent male encouraged and 48.8 percent were reluctant to allow women participation in politics. Regarding the share of women’s ownership in property very few Pakhtun women own property, despite of the injunctions of sharia law in respect of female inheritance. The study findings show that 45.8 percent of the respondents (including both male and female) reported that females were not given share in property due to cultural constraints pertaining to patrilineal kinship structure, remission of haq mehr, dowry, and bride price. Arranged marriages still persist, gradually accommodating educated children’s consent regarding selection of marriage partners. Regarding spouse selection of marriage 71.2 percent females reported that their marriages were arranged by parents or in their families, 26.8 percent female respondents reported that the marriages of females in their family were arranged by the parents with their consent. Education and employment are enabling factors to give women a status of controlling family activities systematically. Violence against women still persists. 44.4 percent female respondents reported violence in their families while 55.6 percent female respondents denied violence in their families.