Friday, August 05, 2005

Hasba Act In Pakistan Province Declared Unconstitutional In Part

An earlier posting discussed the Hasba Act passed by the legislature in Pakistan's North West Frontier Province. The act creates the office of the muhtasib, a religious ombudsman whose function is to assure that people strictly follow Islamic rules. Pakistan's President Pervez Musharraf submitted the Act to Pakistan's Supreme Court for an advisory opinion on its constitutionality. On Thursday, the Supreme Court ruled several clauses in the Act unconstitutional, and said that the province's governor may not assent to the bill in its present form. The Court's reasons for its decision will follow. A report yesterday by Dawn gave these details:

"The sections declared ultra vires by the court relate to powers and duties of the mohtasib under which he has to protect and watch the Islamic values and etiquettes and can monitor adherence to moral values of Islam at public places, discourage extravagance, particularly at the time of marriages and other family functions, follow the code of Islam in giving dowry, monitor adherence of Islamic values, its respect and regard at the times of iftar and taraveeh, discourage entertainment shows and business transactions at the times of Eid and Friday prayers around mosques, etc." The Provincial government will apparently now consider an amended bill that takes account of the Court's decision.