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Tag Archives: Supreme Court

Religion, gays and marriage


On the wall of a friend of mine, there was discussion going around. Gay marriage being in the court, every one has it’s opinion. A friend’s friend’s opinion was laws have been previously derived from the religion (for that being the Christian religion). I divide my answer in two portions, one is just religion and country’s laws.

As for respect of religion in making laws. Today many unfortunately are little quick in dismissing anything that comes from the religion. Almost all the religions are great source of information and knowledge (at least some parts of all of them). Both religious and anti-religious people ignore the fact that all the religions have changed with the time. They might be divine but their current shapes are due to human reasoning.

Scholars and philosophers have debated what is the meaning of the message of revelations. Why certain interpretation is more correct than other, why one should be more beneficial to society and what view will be more helpful to a person . In the process they have defined and refined it. Their debates and explanations are education for us. Religions being the books of constitution for so many centuries will always be referenced.Ignoring them is will be ignoring efforts and works of great minds.

Question is should “All” the laws be continued to be derived from religion or not. I am not American so my point of view might not matter what American society needs, but I am sharing my point of view because this issue is going to become big issue in the countries which have not legally accepted this.

Problem with the religion is there are huge number of versions of every single religion (Catholic, Protestants  Suni, Shia, Orthodox and non-Orthodox Jews, Hindus who believe in one Veda and not others). One might say they are all (all versions of Ibrahimic religions) are together on this issue of gays, they don’t accept it (there is still debate whether they ask society to punish them). Accepting one law just because some religion tell you, will create logical fallacy  Like any mathematician or law professor will tell you once you accept the one law just because it is coming from XYZ-religion, we set precedence that could be used to add more laws belonging to religion XYZ. It breaks the rules, is muddles the axioms.

Either religion should be used to make all the laws or it should not be, if we want  a system that accepts part of religion to be made into law but not the other part, we end up with complex set of rules. Such rules will always be pushed to be changed and that’s what is going around right now. Let me give you example we don’t have now the punishment for infidelity or adultery and I don’t believe anyone wants that to become one, but what’s the logic behind it if we are accepting marriage should be defined by religion then what about infidelity? Or what about the people belonging to other religions? should they be burned on stakes?

I am fine with any nation saying they want XYZ to be national religion, thinking we can have non-religious state where XYZ is major religion is just wrong. But sir, if it is not (which quite clearly today’s America is not) then instead enforcing religion through laws and courts you have to go back to people and make them believe in what you believe in. Same goes with the civil rights, you cannot get civil rights by laws, you get them by having size able population believing in what you believe.
In terms of , My point has always being “marriage” as a word has been something that has been derived from the religion. I don’t want government to do anything with “marriage”, in the least that word should be removed from the law books. Government should issue some nicer version of “civil union” and declare we don’t do marriages. If you want to marry, go to Churche, Masjid, Synagogue, Gurdwara or any other religious entity you want to and which ever version of it you want to. if they want benefits they can register with government and government will not discriminate against people regardless of gender, cast, belief, orientation, etc. ….
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Pakistan’s PM to be arrested.


Interesting and serious situation has developed in Pakistan. One of the province is now being run by governor with provincial govt. resigned. Hundreds of protesters are being led in capital Islamabad by “suddenly appearing” cleric demanding assemblies be dissolved. And now the Supreme Court has ordered that PM be arrested and presented in front of court.

I have been little away from the situation so don’t know why is he being arrested. I know in what case he is being arrested, but “why” is big question. Has he being charged? if yes, then by whom? Attorney General of his own govt.? Or the court is just asking him for the appearance? Is he being arrested for the questioning and investigation?

With it the KSE has plunged 500 points, things are going from serious to worse quite quickly. With the court time already ended (or near the end) getting a pre-arrest bail will be impossible. So how the police handles this situation? Will PM has to be arrested? or he can just present himself to the court in the morning?

To me question is What was court thinking????? Without indictment  you are arresting PM??? under what rule and for what purpose? just for questioning? He is PM, he is there, he could be ordered to appear for the questioning.

 

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Question to Supreme Court Why Saqib Nisar and why Khawaja Sharif ?


Here comes the new mess.

Again in Pakistan, Judges and Executive are face to face.

Ok, for people who don’t know, visit

http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/president-elevates-justice-sharif-to-sc,-appoints-justice-saqib-as-lhcs-acting-cj-sc-suspends-notification-govt-claims-it-consulted-cj-legal-fraterni-420

From what I have heard, Chief Justice of Pakistan wants to elevate Justice Saqib Nisar to Supreme Court where as Govt. wants (more specifically it appears President of Pakistan wants) Chief Justice of Lahore Hight Court Justice Khawaja Muhammad Sharif.

What I have heard that it appears Chief Justice has more say in who’s to be elevated to the Supreme Court.  However what has concerned me more is Why Chief Justice wants a specific person to be in the Supreme Court and not the other one?

Is Justice Khawaja Sharif (Chief Justice of Lahore) less competent than Justice Saqib Nisar? or is it just personal preference?

If it is based on merit that I will be really interested in knowing why a Chief Justice of Lahore is less competent that his junior.

On the legal grounds, to me atleast it appears Cheif Justice of Pakistan has more firm standing because Govt. has to take the Supreme Court’s recommendation, which it has become evident that they have not taken. But the Supreme Court has to explain what is the criteria in which a person is elevated to this highly prestigious institution.  Just because you are legally right does not make a decision right.

Just because you can do something does not make it a correct decision.

He must explain why he is not picking the senior most judge to the Supreme Court. What is the mechanism of such process?

 

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