The recent gang-rape case at Meerwala Jatoi is being condemned throughout the country. The Superior Courts have taken sou moto notice of this case. Demands are being made from every quarter that Hadd punishment of Rajam (death by stoning) be inflicted on the criminals involved. However, it is not the first case of its kind. Such cases freqently occur in our society, dominated by feudals, some of which have been reported in the national press. Even in these cases, none of the culprits were awarded Hadd punishment of Rajam. A few years back similar cases such as Nawabpura, Baghbanpura and Mandi Bahauddin among others jolted the whole nation. All the criminals involved deserved Hadd punishment of Rajam. But they belonged to the feudal class and in spite of public demand nobody dared to touch them.

Keeping in view the fate of the above mentioned cases, fear is being expressed that the Meerwala case might be dealt with in the same manner. The feudals of the area, according to a news item, are trying to arrange reconciliation between the parties. The aggrieved party, like other such parties belongs to the lower section of the society and it would not be possible for them to resist the pressure of feudals. If in this case, the feudals, are able to hush up thecrime, it will encourage others to repeat such crimes in the future. Their courage can be judged from the fact, that after a week of the Meerwala cases a similar case has been reported from Nankana Sahib.

To eliminate such crime, it is necessary to cut off its very root i.e. feudalism. The Holy Prophet (PBUH) had condemned it as a major interest-bearing transaction and eliminated it from the Arab society once and for all. Allama Iqbal considered it as the mother of all evils and the Quaid even before the establishment of Pakistan, had committed himself to eliminating this evil from the country. But in spite of our drum-beating love of our founder fathers, none of the governments which came into power in the country, cared to implement their agenda.

Hadd punishment of Rajam for adultery was enforced in the country with great fanfare. But its mis-application had negative effects not only on our society but also on the whole Ummah. None of the feudals who had committed this crime, was ever punished. Instead it was inflicted on some unfortunate women without following the procedure prescribed in the Islamic law. It provided a chance to the enemies to malign Islam and the Muslims who enforced these punishments were dubbed as barbarians.

Unfortunately the Hudood Ordinance was compiled by some semi-educated Ulema. There is no mention of Rajam punishment in the Holy Quran, a pre-condition for Hadd punishment. That is why the enlightened scholars refused to accept it as Hadd punishment. However, the majority of the jurists argue that no doubt it was not a Hadd punishment but the Ahadith of the Holy Prophet (PBUH) established Tazeez (secondary punishment). It could be inflicted on those hardened criminals who became a security risk for the country. The criminals of gangrape fall under this category. But as most of the criminals belonged to the feudal class, Tazeez was never inflicted on any one of them. The mis-application of the Hudood Ordinance had created many acquired situations for the government compelling it to review it. But the Ulema have opposed this decision of the government as they treat this Ordinance as a sacred document. They know the facts that the feudals had been instrumental in the mis-application of this Ordinance. Their manoeuvring to save the culprits of the gang-rape case of Meerwala, are also being reported in the national press. Such activities, according to Islamic law, are also a crime. But unfortunately none of them, have dared to condemn them. The reason being that they had already compiled books in support of feudalism.

That is why when the Zakat & Ushr Ordinance was promulgated strengthening the roots of feudalism, it was welcomed by them as a mile-stone for the enforcement of the Islamic system in the country. Keeping in view the fate of similar cases in the past it is being rightly feared that the feudals might be able to save the culprits of the present case. But this time the superior courts of the country have taken sou moto notice of this case and it would be impossible for the feudals to hush up the case. It is being expected that Hadd punishment of Rajam might be inflicted on them. If even in this case the criminals are not severely punished, then it would be a great tragedy for the nation.