Pakistan Bar Council Plans To Resist Judge Ayesha Malik’s Rise To SC Superseding Senior Judges
New
Age Islam News Bureau
30
December 2021
• Two
Teenage Girl Victims Of Honour Killings Found In South-Eastern Iran
• First
Wife Alone Can Challenge Husband’s Second Marriage: LHC
• Missouri
Shooting Range In Suburban Kansas City Made Muslim Woman Remove Hijab
• Muslim
And Jewish EMT Volunteers Join Forces, Resuscitate Ein Nakuba Woman
• Arab
Women's Society of Guelph celebrates outstanding women
• Players
Hail The Success Of First Saudi Women’s Regional Football League
• Saudi
Justice Minister Visits All-Female Personal Status Court In Damman
Compiled
by New Age Islam News Bureau
URL: https://www.newageislam.com/islam-women-feminism/pakistan-bar-council-ayesha-malik/d/126065
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Pakistan Bar Council Plans To Resist Judge Ayesha Malik’s Rise To SC Superseding Senior Judges
A
file photo of Justice Ayesha Malik. — Photo courtesy Punjab Judicial Academy
website
------
Nasir
Iqbal
December
30, 2021
ISLAMABAD:
Pakistan’s legal fraternity has started gearing up to put up effective
resistance to what they believe another attempt to elevate a junior judge to
the Supreme Court by superseding at least three competent, senior judges.
While
the Judicial Commission of Pakistan (JCP) has called its meeting on Jan 5, 2022
to complete the unfinished agenda to elevate Justice Ayesha A. Malik of the
Lahore High Court to the SC, the Pakistan Bar Council (PBC) has called a
meeting on Jan 3 to consider the matter and chalk out an appropriate strategy.
It
may be recalled that on Sept 9, lack of consensus during an extended meeting
had forced the JCP to defer her elevation as the first-ever woman judge in
Pakistan’s judicial history to enter the SC.
PBC
Vice Chairman Khushdil Khan wrote letters to all the vice chairmen of executive
committees, members of the JCP from the lawyers’ side, presidents of the
Supreme Court Bar Association (SCBA) and the provincial and Islamabad Bar
Councils and high court bar associations to attend the joint meeting scheduled
to be held on Monday at PBC office.
The
letter issued to different bar associations said the joint meeting was called
to consider the elevation of the junior judge to the SC in what they called
violation of the seniority principle. The letters recalled how Chief Justice of
Pakistan (CJP) Gulzar Ahmed again proposed the name of the junior judge from
the LHC while superseding three senior judges including Chief Justice of the
LHC Mohammad Ameer Bhatti.
The
JCP was meeting on Jan 5 to consider the same name that had been earlier
‘disapproved’ by the JCP, the letter said. In this scenario, the joint meeting
of lawyers was being called to chalk out a future course of action.
Balochistan
High Court Bar Association President Majeed Kakar and PBC member from
Balochistan Munir Kakar also dubbed the elevation of the junior judge as an
attempt to trample the seniority principle. They emphasised that Justice Malik
was being denied the right to become the chief justice of the LHC.
Instead
of her, the most deserving judge who should be elevated to the Supreme Court
was Islamabad High Court (IHC) Chief Justice Athar Minallah, they observed,
adding that he should be nominated by the JCP to become the judge of the top
court.
Meanwhile,
a meeting of the executive committee of the PBC under the chairmanship of
Mohammad Masood Chishti in its Wednesday meeting also adopted a resolution
endorsing the statement of its vice chairman highlighting the need to adhere to
the seniority principle and to launch countrywide protests.
The
resolution also unanimously praised the illustrious career of former Justice
Sarmad Jalal Usmani who became JCP member, stating that he remained an
independent judge and refused to take oath under the Provisional Constitution
Order and held his ground against the worst form of dictatorship and always
stood for the rule of law and the Constitution while adhering to the principle
of good conscience and justice.
After
his appointment as JC member, the PBC and public at large expect the same level
of steadfastness and perseverance for principle of seniority in appointment of
judges to the superior judiciary, the resolution stated, adding that the
council reiterated its consistent stance to stand for the principle of
seniority.
Earlier
on Sept 9, lack of consensus during an extended meeting had compelled the JCP
to defer her elevation. As a consequence, PBC Vice Chairman Khushdil Khan had
expressed his serious reservations and concerns regarding the move to, what he
called an attempt to violate the seniority principle for elevation of judges to
the Supreme Court and High Court. In a statement, the PBC vice chairman also
emphasised that it was a consistent stance of the legal fraternity that judges
should be elevated/appointed on the principle of seniority in all courts and
that the ‘pick and choose’ practice must be stopped.
Four
of the eight JCP members on Sept 9 namely Justice Maqbool Baqar, Justice Sardar
Tariq Masood, former judge Dost Mohammad Khan and PBC representative Akhtar
Hussain had opposed the idea, whereas the CJP, senior puisine judge Justice
Umar Ata Bandial, Law Minister Barrister Farogh Naseem and Attorney General for
Pakistan (AGP) Khalid Jawed Khan had favoured Justice Malik. Justice Qazi Faez
Isa, another JCP member, however, was out of the country then.
When
the JCP was meeting on Sept 9, the lawyers had also organised a protest and
convention in a nearby SC Bar Association complex, in which they had accused
the judiciary of favouritism due to its pick and choose practice in the
appointments and thus harming the judiciary’s image.
In a
resolution so adopted, the convention had asked the JCP to strictly adhere to
the seniority principle in the judicial appointments to the apex court from the
provincial high courts until such time as fair, transparent and objective
criteria for appointment of judges at all levels were framed in consultation
with all stakeholders including the Bar and the appropriate amendments to the
Judicial Commission rules.
Source:
Dawn
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Two
Teenage Girl Victims Of Honour Killings Found In South-Eastern Iran
Two
teenage girls were found dead in Sistan and Baluchestan Province,
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December
29, 2021
Two
teenage girls were found dead in Sistan and Baluchestan Province, south-eastern
Iran. They were both victims of honour killings.
The
two teenage girls were shot to death by their family members in Torkani village
of Dashtiari County in Sistan and Baluchestan.
Video
footage circulated in social media this week shows locals finding the dead
bodies of the two teenage girls in a deserted road.
Reliable
sources say the murders happened nearly two months ago. The two victims of
honor killings identified as B.T. and Y.T. were 17 and 18.
Hamshahrionline
cited Colonel Ebrahim Kouchakzaii, the State Security Force commander in
Chabahar, verifying the murders of the two young women by their family near
Torkani village.
He
said the reason for the murder of the two teenage girls was “anger over their
escape from home for several days.” Two of their relatives killed them on the
way before reaching home. The killers are presently in detention.
The
two victims of honor killings called home several days after they escaped. They
had decided to return home and expressed remorse. The family welcomed them, but
the girls encountered several angry relatives who shot them to death before
reaching home.
The
Hamshahrionline report published on December 25, 2021, said the two victims of
honor killings had been killed 50 days before.
Hundreds
of victims of honor killings per year
In a
report published in 2019, the state-run Sharq daily newspaper wrote that an
annual average of 375 to 450 honor killings are recorded in Iran. The murders
are more prevalent in Khuzestan, Kurdistan, Ilam, and Sistan and Baluchestan
provinces.
The
Iranian regime’s laws are not decisive in punishing the murderer. Usually,
because the law considers the father the owner of his child’s blood, he does
not receive a proportionate punishment for murdering his daughter. This is a
license to kill, as evident in the murder of Romina Ashrafi by her father in
May 2020.
The
police and judicial authorities also act negligently. The law enforcement
officers stop at the door. Under the clerical regime’s laws, they are not
allowed to enter anyone’s house when a case of domestic violence against women
is reported.
The
catastrophic rise in honor killings in Iran is rooted in the patriarchal
culture institutionalized in the laws and society. Although the father,
brother, or husband holds the knife, sickle, or rifle, the murders are rooted
in the medieval outlook of the ruling regime. The clerical regime’s laws
officially denote that women are second-degree citizens owned by men.
The
clerical regime’s failure to criminalize these murders has led to a disastrous
surge in honor killings.
Some
women’s rights activists believe that honor killings in Iran are officially
justified as “family differences.”
Rezvan
Moghaddam, who has documented honor killings in Iran over the past decade,
questions this justification. She says, “This is just an effort to conceal the
truth. For example, what could be the family difference between a father and
his 13-year-old daughter or between a brother and his elder sister? There are
other reasons behind these differences.
“In
other cases, families regard divorce as a disgrace. To protect the family’s
dignity, male relatives murder a woman who asks for a divorce. Again, this is
explained under the title of ‘family differences.’
“Their
fiancées kill some women for saying no to their proposals. These murders take
place because the man believes he owns the body of his fiancé. He views her
negative answer as an insult to himself. I believe honor killings are rooted in
the sense of ‘owning a woman’s body and life, and any murder rooted in this
sense of ownership is considered an honor killing.”
Source:
NRC Iran
https://women.ncr-iran.org/2021/12/29/victims-of-honor-killings-in-se-iran/
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First
wife alone can challenge husband’s second marriage: LHC
Wajih
Ahmad Sheikh
December
30, 2021
LAHORE:
The Lahore High Court has ruled that only the first wife can challenge the
second marriage of her husband if contracted without her permission.
Justice
Muhammad Amjad Rafiq issued the ruling quashing a first information report
(FIR) against a man registered on an application by his brother-in-law for
contracting a second marriage allegedly without the mandatory permission from
his first wife.
The
Sheikhupura police had registered the impugned FIR in 2013 against Ghazanfar
Naveed, the petitioner seeking quashment, on the complaint of the brother of
his first wife. Earlier, another FIR was registered in 2011 against him on a
similar charge by the same complainant, which was cancelled by a judicial
magistrate.
The
complainant then lodged the impugned FIR based on the same plea, though with a
twist that Naveed contracted a second marriage by preparing a forged permission
letter purportedly issued by his first wife. The matter had been pending before
a magistrate for trial since 2013.
Complainant
claims his brother-in-law contracted a second marriage on a forged permission
letter
The
counsel for the petitioner mainly argued that under the dicta laid down by the
Supreme Court in the famous case of ‘Ms. Sughran Bibi v. The State’ (PLD 2018
SC 595), no second FIR was permissible on the same facts and there was no
difference between the two FIRs against the petitioner.
He
said the matter was between the spouses and touched the terms and conditions of
a marriage certificate/nikahnama and in such an eventuality the ordinary court
loses jurisdiction in view of special provisions contained in the Family Courts
Act, 1964.
On
the other hand, the counsel for the complainant argued that this was not a
matter to be tried by a family court because the alleged forgery committed by
the petitioner did not fall within the purview of a family dispute.
Justice
Rafiq, in his verdict, observed that it is trite that a second FIR is not
permissible under the law and that every version in an FIR put forward by the
same complainant or different parties to the proceedings would be recorded in
the same FIR and if the first stood cancelled, the party concerned may file a
private complaint or an application for review of the cancellation order.
In
the present case, since the complainant has not done this, there was no
occasion for him to get another FIR lodged, the judge added. The judge noted
that whether the permission letter was forged or genuine is an issue to be
decided by the family court. He further observed that so far, the first wife
had not challenged the second marriage of her husband/petitioner, who is the
aggrieved party, in terms of filing a complaint under Section 6(5) of The
Muslim Family Laws Ordinance, 1961. The judge maintained that the complainant,
being a brother of the first wife, cannot be termed an aggrieved party nor can
he be authorised to file such a complaint.
“When
the first wife, being sine qua non for initiating the proceedings, an
alternative illegal course, that too through a person not aggrieved at all, is
nothing but farce,” Justice Rafiq ruled.
He
declared that the magistrate was not justified in taking cognisance of the
case, which was exclusively triable by a family court. Allowing the petition,
the judge declared that the impugned FIR was not competent under the law and
quashed the same.
However,
he observed that the wife may agitate before the family court by filing a
complaint with the grievance on the touchstone of her husband contracting a
second marriage without her permission.
Source:
Dawn
https://www.dawn.com/news/1666589/first-wife-alone-can-challenge-husbands-second-marriage-lhc
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Missouri
Shooting Range In Suburban Kansas City Made Muslim Woman Remove Hijab
29
December, 2021
A
firearms store and gun range in suburban Kansas City refused to let a Muslim
woman use the range unless she removed her hijab, a Muslim civil rights
organisation alleged in a federal lawsuit.
In a
lawsuit filed Tuesday, the Council on American-Islamic Relations and the law
firm of Baldwin & Vernon in Independence alleges that the gun range at
Frontier Justice in Lee's Summit enforces its dress code in a discriminatory
way that disproportionately affects Muslim women.
A
message left with store officials Wednesday was not immediately returned.
Rania
Barakat and her husband went to Frontier Justice on January 1 to shoot at the
gun range. According to the lawsuit, Barakat was told she would not be allowed
to use the range unless she removed her hijab, a religious head covering
typically worn by Muslim women.
The
gun range requires shooters to remove all head coverings except baseball caps
facing forward. A store manager explained that shrapnel could cause the hijab
and skin to burn.
The
couple told the manager they had used several other shooting ranges with no
problems caused by the hijab, and that people wear long sleeves and shirts that
cover their necks to protect them from shrapnel, according to the lawsuit.
The
manager said the gun range had different rules, according to the lawsuit. The
couple left the store after the manager became "aggressive and loud,"
the suit alleged.
The
lawsuit contends that it is Frontier Justice's policy to turn away Muslims
wearing hijabs, citing several social media posts from other Muslims about
being refused use of the shooting range. It also claims that Instagram posts
from Frontier Justice show customers wearing baseball caps turned backward, and
hats and scarves.
"It
is completely unacceptable for a business establishment to deny service to
customers based on their religious beliefs — and that is exactly what Frontier
Justice has done," Moussa Elbayoumy, chairman of the board of CAIR-Kansas,
said in a statement. "The claim that a hijab somehow presents a safety
issue is merely a bad excuse in an attempt to justify a pattern of discriminatory
treatment of Muslim women."
CAIR
had asked the U.S. Department of Justice in July to investigate civil rights
practices at Frontier Justice.
At
the time, Bren Brown, Frontier Justice’s president, said Barakat was not
discriminated against and was asked to follow a dress code that is applied to
all patrons equally, The Kansas City Star reported.
The
lawsuit asks the federal court to find that Frontier Justice's policies
regarding the wearing of hijabs violates the 1964 Civil Rights Act and prohibit
the gun range and its employees from acting in ways that discriminate against
anyone based on their religion.
Source:
The New Arab
https://english.alaraby.co.uk/news/missouri-shooting-range-made-muslim-woman-remove-hijab
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Muslim
and Jewish EMT volunteers join forces, resuscitate Ein Nakuba woman
DECEMBER
29, 2021
A
50-year-old woman collapsed and was lying unresponsive in her front yard on
Monday night in the Arab village, Ein Nakuba, west of Jerusalem.
Jewish
and Muslim United Hatzalah EMT volunteers worked together to resuscitate the
woman.
Muslim
EMT volunteer Samr Salama was the first responder on the scene who arrived as
soon as he got notified of the incident and connected his defibrillator to the
woman and performed chest compressions. The woman did not have a pulse at this
time.
Soon
more EMTs arrived including, Dovi Bash, a Jewish volunteer who was at synagogue
at the time of the incident and came as fast as he could to help.
The
woman's heart rate was undetected by a defibrillator for around ten minutes
while volunteers performed compressions and ventilated a bag valve mask (BVM).
Once
the intense care ambulance arrived and the patient had been administered
medications and fluid via an IV, the heart monitor showed the patient's pulse
had "returned to a steady rhythm of 140 bpm". The woman was taken to
the hospital for further care and recovery.
Bash
pointed out the extraordinary teamwork of everyone at the scene. “In general, I
am always pleased that the United Hatzalah volunteers, and the patients that we
treat, come from all different races and religions and that we work together as
a team with no discrimination. It always feels good to go home for the night
after saving a life.”
Speaking
about the experience, Salma said: "This was one of the hardest
resuscitations I've been a part of, but I'm just happy that the resuscitation
went smoothly and that the woman is okay and I thank my fellow responders for
joining me in saving the woman’s life.”
"The
team was relieved and excited that they had just witnessed a miracle"
after some members were losing hope that they could successfully resuscitate
her, according to the press release.
This
past July Jewish and Muslim EMTs similarly came together to save a woman's life
in Pisgat Zeev in Jerusalem. One of the volunteers on the scene said, "I
help everyone in need regardless of who they are."
In
October, United Hatzalah held a mass casualty incident training exercise for
its women's unit which has 150 Jewish and Muslim volunteers who serve their
religious communities throughout Israel where an extra level of sensitivity is
requested.
These
efforts have brought together Jewish and Muslim volunteers to save lives
despite race and religion.
Source:
Jerusalem Post
https://www.jpost.com/israel-news/article-690058
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Arab
Women's Society of Guelph celebrates outstanding women
Guelph
Mercury
December
29, 2021
On
Saturday, Dec. 25, the Arab Women's Society of Guelph (AWSOG) organized an
event for Arab women from different nationalities to discuss some topics
related to Arab women at the end of 2021. The event was held at the Paghman Kobob
restaurant in Guelph.
The
event complied with the new restrictions from public health and Canadian
government on the COVID-19 pandemic. The attendance rate was 50 per cent of the
capacity of the restaurant while ensuring that there was complete proof of
vaccination by the attendees. The event included a valuable lecture from Yasmin
Haloubi, who works for Immigrant Services. She presented free educational
courses for teaching English, computer courses, cooking and sports lessons,
which start in January 2022.
In
addition, the AWSOG, headed by Dr. Sundes and Dr. Nahla, circulated all the new
guidelines of the Ministry of Health and the Canadian government regarding
COVID-19 to all the women present at the event, including a number of newcomers
and refugees.
Furthermore,
AWSOG celebrated the graduation and success of a number of new graduate
students from the University of Guelph and post-secondary schools, as well as
Arab Christian women for their Christmas celebration. At the end of the party,
there were raffles for gifts provided by the AWSOG.
It
was a warm, joyful and co-operative evening.
Source:
Guelphmercury
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Players
hail the success of first Saudi women’s Regional Football League
December
29, 2021
RIYADH:
The final whistle has blown in the group stage of the Regional Football League,
the first official league competition for female soccer players in Saudi
Arabia, with Al-Yamamah, Jeddah Eagles and Eastern Flames crowned champions of
the central, western and eastern divisions, respectively.
In
addition to the pride and joy they felt while competing in a league of their
own, the players said it gave them the chance to develop their technical skills
and improve their physical fitness, in anticipation of a chance to represent
their country in a Saudi national women’s team in the future.
Sama
Al-Sabiani of western division side White Lion said she really enjoyed playing
in the first women’s league in the Kingdom, and that it had helped improve the
organization of the team and resulted in remarkable improvements in the
performance of the players as it gave them the opportunity to play against
strong opponents,
“As
players, we gained endurance and played with a higher fighting spirit than ever
before; we gave it our all,” she said.
“Not
only did we give a great performance, we really enjoyed ourselves.”
The
16-team league provided strong motivation for the players to develop and
improve their skills, Al-Sabiani said, and White Lion trained really hard for
it, although ultimately they finished outside the top three in their division
who now proceed, with the top three in the central division and the top two
from the eastern division, to the national championship, which begins at King
Abdullah Sports City on New Year’s Day.
“As
players, we fought and won several games, and we aspired to more victories to
qualify for other leagues in the future,” Al-Sabiani added.
Rana
Abdullah Saeed, a midfielder for The Storm, who finished second in the western
division, said: “I had a great experience and I am very happy that the Saudi
Arabian Football Federation has taken this step. I am sure the SAFF will
organize more leagues in the future and will continue to support women's
football in particular, and sports in general.”
She
added that the new league has had a very positive effect on her game.
“I
was able to improve my technical skills and this experience has given me the
motivation to develop my performance both on and off the field, making sure I
eat right and educate myself more by reading sports books and watching videos
on YouTube,” she said.
“This
league, in particular, has helped me discover my strengths and weaknesses and I
aspire to represent the Saudi national team thanks to my recent experience.”
White
Lion player Houriya Al-Shamrani also said that the experience of playing in the
Regional Football League had helped her to improve her skills and gain
experience, and also helped the players to develop a competitive team spirit.
She added that she benefited from playing under pressure and on natural grass.
“I
was able to maintain my fitness level and meet many talented players,”
Al-Shamrani said. “I also had the opportunity to speak with the undersecretary
for planning and development at the Ministry of Sports, Adwa Al-Arifi, and
listen to her advice. I will never forget her support when I was injured.
“I
aspire to be the best player in the league and represent the Saudi national
team and I want to be the first Saudi player to participate in the English
Premier League.
“I
would like to thank Crown Prince Mohammed bin Salman and the SAFF for giving us
this opportunity and I am sure the best is yet to come.”
Source:
Arab News
https://www.arabnews.com/node/1995111/sport
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Saudi
justice minister visits all-female personal status court in Damman
December
29, 2021
DAMMAM:
The Saudi justice minister on Wednesday inspected a personal status court in
Dammam that will operate with an all-female staff.
The
visit to the Eastern Province court by Walid bin Mohammed Al-Samaani, who is
also president of the Supreme Judicial Council, was linked to efforts to give
women more power within judicial chambers and related sectors.
His
trip also marked the beginning of the implementation of a unified model
standard for the Kingdom’s courts — the first two aspects covering appeals and
personal status — that will later be rolled out to all judicial sectors.
The
project aims to improve the working environment within courts and implement
modern operational methods to reflect the continuous development of the justice
sector, accelerate the judicial process and provide a better service to the
public. It is in line with the National Transformation Program and Vision 2030.
The
women who will run the Dammam court were given specialist training in all
aspects of managing judicial and administrative departments.
Source:
Arab News
https://www.arabnews.com/node/1995136/saudi-arabia
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