Shariah before 15th

By: RAUF KHATTAK | Published: March 10, 2009

PESHAWAR - Chief Minister Ameer Haider Khan Hoti on Monday signed the proposed Nizam-e-Adl (Sharia’h) Regulation, 2009, and sent to the Governor for forwarding it to the President for final approval, sources disclosed to TheNation here.
Giving details of the proposed Nazam-e-Adl, Provincial Law Minister Barrister Arshad Abdullah Monday said that the provincial government has finalised the Nizam-e-Adl Regulations 2009.
Addressing a Press conference at media centre here, the minister said the proposed draft will reach President Zardari within three days and expressed the hope that these ‘regulations’ would be put into operation before March 15, 2009 in Malakand Agency and Kohistan district of Hazara Division.
He further said that there is a complete consensus on the document and all the stakeholders including MNAs, MPAs, all political parties and Swat Taliban have backed it.
Announcing the main points of Nizam-e-Adle regulations, the law minister said that two appellate sharia courts would be established in Malakand Division, whose verdict will be final.
The final appellate shariat court at Supreme Court level will be called “ Dar-ul-Dar-ul-Qaza” which is designated under this Regulation, in pursuance of clause (2) of Article 183 of the Constitution. The second appellate shariat court at high court level will be called “Dar-ul-Qaza” means appellate/revisional Court constituted by Government in the said area, under clause (4) of the Article 198 of the Constitution.

The law minister said Nizam-e-Adl regulations shall come into force at once and shall be deemed to have taken effect on 16th of February 2009 in retrospect when the chief minister announced the same and informed that through Nizam-e-Adle regulations a full-fledged old magistracy system of governance would also be restored in the Provincially Administrated Tribal Areas (PATA).
In each district or protected area, there shall be a District Magistrate, Additional District Magistrates, Sub-Divisional Magistrates and other Executive Magistrates, as the Government deems necessary and the District Magistrate and the Executive Magistrates shall discharge their responsibilities and exercise their powers according to the established principles of Sharia and other laws for the time being in force, in the said area. The District Magistrate shall supervise the work of other Executive Magistrates in the District, he added.
Abdullah further said that government had also repealed collective responsibility act mentioned in 1999 regulations for PATA and now the executive magistrate will only take action against the individual not of the whole family or tribe in crimes cases.
According to Nizam-e-Adl Regulations, 2009, draft, after commencement of the regulations the existing laws, instrument, custom or usage having the force of law not corresponding to the Injunctions of Quran and Sunnah-e-Nabvi (Sallallaho alaihe Wasallam) or provisions of any of the laws applied to the said area shall be ceased with immediate effect.
Besides, Dar-ul-Dar-ul-Qaza and Dar-ul-Qaza, there shall be five category courts of competent jurisdiction including Court of Zilla Qazi, Court of Izafi Zilla Qazi, Court of Aa’la Illaqa Qazi, Court of Illaqa Qazi and Court of Executive Magistrate.
It is also to mention here that the outfit Tehreek-e-Nafaz-e-Shariat-e-Mohammadi (TNSM) had set March 15, a deadline for the government to implement Nizam-e-Adl before it or they will start their own Shariat courts in Malakand division.

Source: http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/Politics/10-Mar-2009/Shariah-before-15th/1