As the entire Pakistani nation watches video footage of a 17-years-old girl screaming on their television screens during the process of her torture at the hands of the brutal Taliban in Swat, one wonders if the mothers, sisters, daughters and the male members of this nation will ever take time out to think about this system of justice advocated by these men who are not even qualified to interpret the Quran and Sunnah.
How did these men know that she had committed adultery? Or were the men in Iran, who ran a jeep over both the arms of a young boy to punish him for stealing sure about his economic circumstances? Sadly, all this will be justified in certain quarters as upholding of Sharia. But the legal system of any land is meant to do justice which is not just the application of some legal norms, but the application of law in conjunction with sensitivity towards the economic, social and political conditions of a place.
The application of Sharia is extremely complex as it entails a stringent mechanism for evidence. For instance, a witness has to meet certain conditions. The witness has to be one: (a) who has never been punished for any crime, (b) has always said all his prayers in time, (c) never urinated standing up, (d) never eaten from a market place, (e) never committed any major sin, (f) never committed any minor sin, and (g) never failed to carry out obligations prescribed by Quran and Sunnah. These conditions are so stringent that according to Pakistan's former Chief Justice Sajjad Ali Shah even he would not qualify to be a witness.
http://newageislam.com/swat-flogging--a-handiwork-of-zia-s-children-/islamic-sharia-laws/d/1313
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