to make a law for the Apostasy
WHEREAS it is expedient to make a law for the Apostasy and for the purposes hereinafter appearing;
It is hereby enacted as follows:-
1.
Short title, extent and Commencement:-(1) This Act may be called the Apostasy Act, 2006.
| (2) | It extends to the whole of Pakistan. |
(3) | It shall come into force at once. |
Definitions:- In this Act, unless there is anything repugnant in the subject or context:- | (a) | “Apostasy” means backing out of any Muslim from Islam including requisites of Deen which also embody the finality of prophet hood of Hazrat Muhammad (S.A.W.); |
(b) | “Apostate” means any such person who commits apostasy; and | |
(c) | “Penitence” means that the apostate makes a return from apostasy and turns to Deen-e-Islam. |
The condition of commission of apostasy:- It is necessary for the commissioning of the offence of apostasy that the offender of it be:- | (a) | an adult; |
(b) | an sane; | |
(c) | have willingly caused a commission of apostasy. |
Explanation:- | “An adult means a person who has attained the age of eighteen years in case of male and sixteen years in case of female or physically has reached to the limit of maturity or whatever thing amongst these two things occurs first. |
Proof of apostasy:- The offence of apostasy shall be proved in any one way of following:- | (a) | The accused personally may confess before the competent court that he has nwdc a commission of the offence of apostasy; or |
(b) | At least two adult male witnesses about whom the court is satisfied in regard of evidence of purification that they are just ones and they give evidence of this thing that the accused has made a commission of apostasy. | |
(c) | have willingly caused a commission of apostasy. |
Explanation No.1:- | Evidence of purification means that methodology through which the court gets information about any witness that whether he is just or unjust. |
Explanation No.2:- | “Just” means such a Muslim who is known for observing religious obligations and duties and refraining himself from major sins. |
Asking Penitence from apostate:- (1) When under the requirement of section 4, the proof of offence of apostasy is made available, the court shall ask the apostate to make penitence from apostasy; If the accused does not immediately make penitence, the court shall give him a period of threodays or suchperiod as the court may deem fit for considering and thinking over it but this period shallinot exceed one month. During this period, the accused shall be put in prison and shall be asked to make a return to Islam in accordance with rules.6.The repetition of offence of apostasy:- If any person after making penitence for the first offence of apostasy and one account of it getting pardon commits again the offence of apostasy, the provisions of section (5) with due modifications shall be applied to him.
Provided that any person who commits the offence of apostasy for the second time or third time, he shall be punished with rigorous or simple punishment which may extend to two years. Provided further that if any person who commits the offence of apostasy for the fourth time, he shall be punishable to the sentence prescribed in section (7).
7.Punishment for apostasy:- (1) If a male person makes the commission of apostasy offence, he shall be awarded death sentence.Provided that if the apostate tenders penitence before issuance or at the time of death sentence or agrees to tender penitence, he shall be immediately produced before the court for further orders.
(2)If the female person makes the commission of apostasy offence, she shall be put in prison till she tenders her penitence.
The property of the apostate:- (1) On proposing legal action against any apostate on the ground Of apostasy, the court Shall suspend all his rights over his property including his right of possession. | (2) | All his property rights shall stand restored in case of being acquitted by the court on the ground of tendering penitence by the apostate. |
(3) | Whereas any person was given death sentence in the commission of apostasy offence, his property acquired before’ the commission of offence shall be transferred to his Muslim heirs and the property acquired after the commission of offence shall be forfeited in favour of the Government. | |
(4) | All the rights of property owned by the female apostate shall remain suspended till her death or penitence from the offence. Her property shall stand transferred to her Muslim heirs in case of her death in the state of apostasy and the property acquired after the commission of the offence shall be forfeited in favour of the Government and in case of penitence from apostasy, her all property rights shall stand restored and it shall be deemed that these rights are perennially vested with her. |
9.The right of guardianship of the children of apostate and of the custody of their property:- The right of the apostate relating to the matter of guardianship over minor children and property or right of Hizanat of the female apostate shall remain suspended till the death or penitence of the male apostate or female apostate and the court shall exercise the power to appoint a guardian for the guardianship for minor children of male apostate or female apostate and of their property and who shall be responsible for the management and arrangement of the property of minor or minors and in case of tendering penitence or getting acquittal from the court, the rights of the apostate shall stand restored.
Provided that a breast feeding infant shall be allowed to remain in the Hizanat of the female apostate.
Iddat:- The commencement of iddat shall start from that date on which the apostasy offence of the apostate is finally proved. | (2) | The iddat of the female apostate shall be four months and ten days or till delivery in case of being pregnant. |
(3) | The marriage of the female apostate shall stand intact in case of tendering penitence during her iddat but tendering penitence after iddat, her re-marriage with her husband shall be legalized. |
11.Act to over-ride all other laws:- The provisions of this Act shall over ride all other laws for the time being in force.
STATEMENT OF OBJECTS AND REASONS
Whereas that the supreme authority vests in almighty Allah. The injunctions revealed by Him which are enshrined in the Holy Quran and Sunnah have been practically enforced by the Holy Prophet (S.A.W.) during his life. These injunctions of the Supreme Sovereign arc still in force. The powers for the suspension of these injunctions are not vested with anybody except Allah. The injunctions of the Holy Quran and Sunnah which are not being practically in force tantamount to that those who have put these ones in abeyance and are violators or sinners. Therefore it is obligatory on the House to revive these injunctions of the Holy Quran and Sunnah through legislation which arc in abeyance and save itself from any sort of offence of violation or sin.
(2) The one injunction of the injunctions awards death sentence to an apostate and the detail of this is given in this Bill. The saying of the Holy Prophet (S.A.W.) is that he who leaves Islam and converts into another must be killed. The Holy Prophet (S.A.W.) himself enforced it and this law remained in force during Khilafat-e-Rashida and remained intact till British imperialism. The imperialists abrogated it during their rule. Now, when Pakistan came into being in the name of Islam, there is no justification of keeping in force this decision of imperialism. It is also protect required to the state religion of Pakistan and the Muslim faith. Therefore, it is, imperative to introduce this bill in the House to achieve the above said objectives and enforce it immediately after its approval.
Sd/- | |
Mr. Liaqat Bloch | Qazi Hussain Ahmed |
Maulana Fazal-ur-Rehman | Maulana Abdul Malik |
Mr. Shabir Ahmed Khan | Mian Muhammad Aslam |
Mr. Muhammad Usman Advocate | Dr. Farid Ahmed Piracha |
Mr. Fazle Subhan | Maulana Abdul Ghafoor Haidri |
Maulana Amanullah Khan | Hafiz Hussain Ahmed |
Maulana Abdul Akbar Chitrali | Maulana Syed Nasib Ali Shah |
Maulana Ghulam Muhammad Sadiq | Dr. Ata-ur-Rehman |
Maulana Abdul Malik Wazir | Dr. Sahibzada Abdul Khair Muhammad Zubair |
Mr. Asadullah Bhutto | Mr. Muhammad Hussain Mehanti |
Qari Fayyaz-ur-Rchman Alvi | Mr. Sabir Hussain Awan |
Maulana Asadullah | Maulana Ahmed Ghafoor |
Mrs. Samia Rahcel Qazi | Mrs. Inayat Begum |
Qari Muhammad Yousuf | Mrs. Shahida Akhtar Ali |
Mr. Bakhtiar Maani | Mrs. Aisha Munawar |
Dr. Firida Ahmed Siddiqui | Mr. Muhammad Laeeque Khan |
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