scheme of thing can be realized in an Islamic society. Only Islamic society can guarantee such typeof civilization.”Renowned Western scholar, Emerson writes in his collection of essays that “The true test of civilization is not the census, nor the size of cities, nor the crops-no, but the kind of man thecountry turns out.” They add that “European society is based on the system of Roman and CatholicLaw, The superficial analysis designates this society to the level of high development, but thisRoman & Catholic System of Law has not been able to bless the Western people with the spiritualsense.” Moreover they say that “Westerns has big cities, technologically, they are up to the highmark and are visibly marked by great affluence, but all this progress is barren and sham. It ismaterialistic and adventitious. The real advance is in respect to the progress and growth. It is not toturn out a sophisticated gadget but a complete human being. Westerns are well expert in the use of fork and knife, showing refinement and elegance; they know how to conduct table-talk, and how to pick up all the odds and ends of a trivial and flaccid routine, but no amount of outer refinement candress the moral and spiritual vacuum which is their inevitable predicament because physical-sophistication is a moral under-sophistication. On the other hands, the penal laws of Islam meantnot only for outer-refinement, but inner-refinement as well. In brief, we can say that socialrefinement is the aim the Islamic System of Punishment want of pursue”The advocates of Hudood Ordinance also opine that Hudood laws are the laws of God and can not be rescinded or amended by any human effort. They argue in the light of following verse of theHoly Quran.“These are the commandments (Huds) of Allah, do not exceed them”“These are the commandments (Huds) of Allah, do not touch them”In Arabic the word ‘Hud’ implies to ‘stop’ ‘restrict’ ‘curb’ or ‘to limit’ the watch door is termed as‘Hudaad’ as he stop other from entering the home. These commandments are called ‘Hudoods’ asthey are safeguard against sins, and these can not be violated at any cost because of having Quranic base.
Opinions of Opponents of Hudood Ordinance
The opponents of Hudood Ordinance flout it on following grounds:
Is it possible to enforce Hudood Ordinance in the present socio-economic structure of Pakistan? To understand the nature of this phenomenon, it isimperative to know the aims of Islamic teachings. The prime objective of Islamic teachingsis to create a society guaranteeing the development of human personality. It is notdevelopment that wealth concentrate in the hands of the few and large fraction of populationdie of hunger and poverty.
Islam aims at creating such society where social justice prevails,and no one can go scot-free of the clutches of law on account of any privileged status.Keeping in mind the rate of crimes, violations of human rights like honor killings,corruption and nepotism as well as growing poverty we can not forebode well theimposition of Hudood Ordinance in the country. Say the
Prophet Hazrat Muhammad(S.A.W) Lo! Poverty and penury may lead you to apostasy.
In the days of second CaliphHazrat Umer Bin-al-Khatab, famine broke out in the Arabian Peninsula. The rightly guidedCaliph the enforcement of Hud punishment for Sariqa (theft) because in the circumstances,the state was unable to provide economic security to the citizens. Therefore, state was not inits right to award a punishment for which provision of economic security was pre-requisite.2