Title: Hudood Ordinance in Pakistan & the Recommended Method of Implementing Islamic Laws Question: Under the Hudood Ordinance in Pakistan, a person committed of adultery would be stoned to death. Whereas, the punishment for this heinous act given in the Qur'an is to whip that person a hundred times. Doesn't this law go against the teachings of Islam. Though such an act is highly condemnable and must be strictly dealt with, but is it permitted to kill someone because of his/her indulgence in adultery? Furthermore, how do you see Zia-ul-Haq's Islamization drive in Pakistan? Were his approach and policies correct? And if not, how should Islam be truly implemented at the state level? Regards, Farooq Ahmed Answer: I do agree with you that the punishment of fornication, as stipulated in the Qur'an, is one hundred lashes. However, the punishment as given in the Hudood ordinance of Pakistan is based on a few instances of stoning to death during the life of the Prophet (pbuh). On the basis of these incidents of stoning to death, most of the Muslim scholars are of the opinion that the Qur'anic directive shall apply only when the perpetrator is unmarried. In other words, as held by most of the Muslim jurists, the punishment of hundred lashes, as stipulated in the Qur'an, shall not apply to a situation where the fornicator is married. The law implemented in Pakistan is in keeping with the opinion of most of the Muslim scholars [1] . You ask: Doesn't this law go against the teachings of Islam. Though such an act is highly condemnable and must be strictly dealt with, but is it permitted to kill someone because of his/her indulgence in adultery? As per my understanding, the referred law is indeed against the stipulation of the Qur'an and, therefore, should be altered to one-hundred lashes. However, till the time that the legislative assembly of Pakistan (whenever it is allowed to function!!!) ascribes to the opinion of the majority of the Muslim scholars, the law would remain as it is. I would not like to comment on General Zia ul Haq's Islamization drive in Pakistan. One may or may not agree with the General's strategies. As for the correct method for the implementation of the Shari`ah is concerned, I consider the following points to entail basic importance in this regard: Before the practical implementation of the prescribed laws, the ground should be adequately prepared. This really implies that the laws should be implemented when the public is first prepared for these laws. A thorough study of the groundwork and the sequence of implementation of the laws by the Qur'an, during the times of the Prophet (pbuh) should itself provide adequate guidance, in this regard; As in the first point, any implementation of the laws of the Shari`ah should be preceded by the education and the promotion of the idea that Muslims are only bound to remain obedient to the directives entailed in the Qur'an and the Sunnah . Muslims are not bound to remain faithful to the opinions of any particular scholar, jurist or school of thought. In all such cases, where the Qur'an and the Sunnah have not given any express directives for the collectivity, the representatives of that collectivity may pass any legislation, which, in their opinion, best serves the collectivity and is not against any of the directives entailed in the two basic sources of the Shari`ah ; Only that interpretation of the directives of the Qur'an and the Sunnah should be implemented in the collectivity, which is ascribed to by the majority of the members of that collectivity; The implementation of the Islamic laws must not, in any way, hinder the freedom of speech and expression in the society. People should be allowed a chance to convince the majority of the members of the collectivity regarding their opinions and subsequently amend any existing laws; and The collectivity should restrict its religious legislations only to the scope allowed by the Qur'an. I hope this helps. Regards, Moiz Amjad November 13, 2001 [1] I do not consider this opinion to be correct, as I have already clarified in a few of my earlier responses.