Bosnia - A Global Tragedy

The early 1990’s was the time when Europe was celebrating its triumph over communism. The U.S.S.R. was defeated, east and West Germany was reunited, and the Berlin Wall was demolished. The European countries were booming economically; single currency for the whole Europe was introduced, making them more united with each other under the organization of the European Union. On the contrary, in the same part of the world something evil was happening while the rest of the Europe was at peace and serenity. Hatred was growing among the same people of the same country. Yugoslavia, one of the Balkan countries, was going to burst out. Europe was going to experience once again the horrors and terrors of war. No one imagined that the horrendous crimes committed by the Nazi regime would be repeated once again in Europe. The country, which most of the people know for its hosting of the famous Olympics games in 1984, was destroyed and turned into rubble.

Bosnia and Herzegovina, often called Bosnia, was one of the states that got separated from Yugoslavia in 1992. Bosnia was an ethnically diverse country. Serbs, Croats and Bosnian Muslims had been living together in Bosnia for centuries. Bosnia was a Muslim country, but Bosnian Serbians and Bosnian Croats made up 31% and 16% of the total population respectively. Though history tells us that these ethnic groups were never in peace with each other, and each ethnic group considers the other groups as their bitter enemy, they maintained to live together with each other within one state. After the Declaration of Independence of 1992 by Bosnia from Yugoslavia, civil war erupted between the Bosnian Serbs and the government. Bosnian Serbs, backed by Serbia, defied the independence and started killing the non- Serbs. They committed some of the most horrible crimes in the war. They massacred tens of thousands of Bosnian Muslims and Bosnian Croats, raped thousands of women, and tortured and killed people in the detention camps. It was genocide, and an ethnic cleansing against the non- Serbs, mainly Bosnian Muslims. The bloody civil war lasted for four years.  There was no confirmed source of how many people were killed during the war, but according to the U.N. report about 200,000 to 400,000 were killed, about 50,000 women were raped, and approximately 2 million people were displaced and became refugees.   

In order to get the complete scenario of the four year long civil war in Bosnia, we must look into the historical and political background of Bosnia and the ethnic groups living in it. Yugoslavia has gone through many wars in the recent past. In the quest for power it was attacked and oppressed by many outsiders. The Greeks, the Roman Empire, and the Ottoman Empire have invaded and ruled this part of the Balkan one by one. On June 28, 1914, a Serbian patriot from Bosnia assassinated Archduke Francis Ferdinand, heir to throne of Austria-Hungry, in Sarajevo (Shams 1993:34). Austria-Hungry believed that Serbia had sponsored the assassination and declared war on it. This historical event was the main reason that initiated World War I. After the war and the fall of Ottoman Empire, the victorious Western Allies created a multicultural country, Yugoslavia. It was a religiously and ethnically diverse country mainly consisted of Serbs who were Orthodox Christian, Croats who were Catholics, and ethnic Albanians who were Muslims. The country was ruled under the monarchy. Yugoslavia remained calm and peaceful until World War II. In 1941, the Germans invaded Yugoslavia and took control of it. Internal resistance movements rose against the invaders. A partisan army, led by a Croat named Marshal Josip Broz Tito, who was a communist, fought against the Nazis. After the end of the war, the partisans engulfed the country and controlled most of its affairs. Tito was seen as a national hero, and was elected by referendum as the prime minister of the newly independent communist state. Tito established six republics and two autonomous provinces in Yugoslavia: Croatia, Bosnia and Herzegovina, Montenegro, Slovenia, Macedonia and Serbia. The new government did very well in uniting and maintaining peace in the religiously and ethnically diverse Yugoslavia.  Nationalism among the general public was banned and many nationalist leaders were arrested under Tito’s rule. The country was economically and politically stable.

After the death of Josip Tito in 1980, tensions erupted between the different ethnicities in Yugoslavia. Nationalism was flared up and republics wanted independence from the state. In 1991, Slovenia and Croatia declared independence.  All the republics wanted independence except Serbia, under the leadership of Slobodan Milosevic, who wanted a dominion over all the Yugoslavia. In 1992, Bosnia and Herzegovina also declared independence. The Bosnian Serbs rose against the government in response to the declaration of the independence. Bosnian Serbs with the help of Serbia and the Yugoslav army (which consisted mostly of Serbs) attacked the government institutions and Bosnian Muslims in order to take over the country. The Bosnian government limited weapons and was poorly equipped while the rebels backed by Serbia had modern weapons. They attacked the capital of Bosnia, Sarajevo, and besieged it for almost four years. The Serbs in the surrounding hills of Sarajevo fired hundreds of bombs daily into the city that killed thousands of innocent civilians in the four years of war. The Bosnian Serbs committed atrocities similar to those that had occurred under the Nazi regime in World War II. They attacked the villages, separated men from women, and took them to concentration camps.  Men were mostly killed while women were raped. Despite these brutalities committed by Bosnian Serbs against Bosnian Muslims, the world powers were silent. The U.N. imposed arms embargo for all the former Yugoslavia, but it didn’t stop the war. The world powers kept themselves away from the war, and didn’t intervene militarily until 1994 when the U.N. peacekeepers were sent to Bosnia to curb the war.    

Religion was used as a sole reason to commit the crimes against the Bosnian Muslims. The Serbs accused the Muslims of being fundamentalists. Serbs were afraid that the Muslims were going to create an Islamic state in Bosnia, and that would affect the other European countries with their Islamic beliefs and values. The Serbs justified their cruel actions with the statements like these. However in reality, Muslims in Bosnia were never fundamentalists. They were far away from Islam. The attendance of the mosques was about 3%. The women didn’t cover their faces, and mostly wore skirts and other western dresses. The consumption of alcohol and pork was not forbidden by the government. They kept a liberal approach to the religion. In fact, they were quite westernized in their life styles. An Arab fighter, who came to Bosnia to assist the Muslims, said, while explaining his views about the Bosnian Muslims, “They (Bosnian Muslims) have not yet understood the reason for their struggle. They have a great deal to learn. To fight, a Muslim soldier must be ready to die for Allah. These people have not understood this yet; they do not understand their mission.” (Vulliamy 1994:64). The Bosnian Muslims enjoyed their way of living and did not want to be labeled as Islamic fundamentalists. They laid more stress on spirits rather than on rituals. A middle aged Islamic fighter was asked by a journalist that whether he is fighting in order to make Bosnia an Islamic republic, he replied, “I spit on the Islamic republic. Islamic republic? What sort of Islamic state would that be? I am forty and I have never been in a mosque. If there was an Islamic state, there would be a lot of Muslims eating sausages in it.” (Vulliamy 1994:64). It was all propaganda that was spread by the Serbs to recreate a “Greater Serbia”, and to oust the Bosnian Muslims from Bosnia. It has been observed that the mass killings of Muslims were conducted in such a way to flush them out of Bosnia, but most of the Bosnian Muslims fought with carrying the Islamic identity with them, at least. A liberal young fighter told about his motive to fight against the Serbs: “I never thought of myself as a Muslim. I don’t know how to pray. I never went to mosque. I am a European. I do not want the Arabs to help us; I want Europe to help us. Now, I do have to think of myself as a Muslim, not in a religious way, but as a member of the people. Now we are faced with obliteration; I have to understand what it is about me and my people they wish to obliterate.” (Vulliamy 1994:64).

During a war, different tactics were used by a rival group to demoralize them. They tried to humiliate and degrade them. Rape of women was one of those tactics to show the strength and power of the attacking party. During the civil war in Bosnia, thousands of women were raped and sexually abused by Bosnian Serbs. It was a tool used by the Serbs to wound the feelings and emotions of the Bosnian Muslims. The women who were raped ranged from minor girls to elderly women. After the war, many testimonies of women raped by the Serbs were recorded. The mother of a five-year-old girl recounted the brutality of the Serbs. One night in the detention camp, a Serb soldier took her daughter forcibly. She was gone for the whole night. Another night, the soldier came and told her to come with him. He took her to another room, and asked her to undress. Then, she was raped by seven Serb soldiers. After that her daughter was returned. She wasn’t wearing any pants, and blood was streaming down her legs and all she could say was that, “A man touched me”. The trauma and sufferings of rape remained throughout Bosnian women’s life. The agonies of this ferocious act haunt the women to this day. They want to forget it, but the moments flash back to them in their nightmares. Women were an easy target for Serb soldiers. Bosnian women had to suffer with this mental torture for the rest of their lives. After the war, they were stigmatized by their own people and many were out- casted. Many women were not allowed to do abortion, and gave birth to children which remained with them throughout their lives and reminded them of their rape. A twenty-six-year old woman narrates the story of her life in detention camp that, “They would come to the camps, and point the torches at the girls or women they wanted…They would insult us, insults which I cannot repeat to myself… I was violated at least once every other night on average, for a number of weeks. This was in various places… I became pregnant quite soon, but was lucky to be early enough to have an abortion, which others were not. I have not had a single regret about having an abortion”. Serb soldiers were given a clear signal to take the women they like from the detention camps. They would come to the camps, would choose a woman, and take her. Rapes were clearly used as a source to humiliate the Bosnian Muslims. Sometimes, they would rape a woman in front of their families. A fourteen year old girl was tied naked to a tank and driven around her village. After being raped she was thrown in front of her parents. The testimonies of rape were not easy to recount. They brought back with themselves the disgrace, humiliation and agonies. Rape doesn’t just leave a physical scar, but it haunts a woman throughout her life, and leaves her mentally disturbed. In Bosnia, it wasn’t just a rape, it was an organized rape. Letting the soldiers free by their commanders to carry out rapes of innocent women was an organized crime to oppress the Bosnian Muslims, and show their strength in the war.

The massacre and civil war of Bosnia can be divided into two parts: crimes committed by the Bosnian Serb soldiers during the four years siege of Sarajevo, the capital of Bosnia, and the mass killings of innocent Bosnian Muslims in the villages and towns of Bosnia. The siege of Sarajevo was one of the most tragic events happened in the history of mankind. The city was once a sophisticated city at the heart of Europe. A city full of cafes, restaurants, schools, churches, mosques, libraries, and happy people. A multi ethnic city, in which Serbs, Croats and Bosnian Muslims were living together happily and merrily. But the peace of the city ended when the Bosnian Serbs besieged the city in order to overtake it. Every day the city would be bombarded with mortar shells, killing innocent civilians. Sarajevo looked like a ghost town once the siege was started. The once beautiful city turned into rubble and the city became hell for the Sarajevo’s citizens.

Sarajevo is a long and narrow city surrounded by hills and mountains. It is located in the Miljacka River valley. The siege of Sarajevo officially began on 6 June, 1992. It is considered as the longest siege of the capital city in the history of modern warfare. When Bosnia declared independence from Yugoslavia, the Bosnian Serbs started to react by attacking government institutions all around the country. Thousands of people from different ethnicities took to the streets of Sarajevo to protest the attacks. They were marching towards the Parliament building which was reportedly seized by the Serbs. The Serbs opened fired on the unarmed peaceful protestors which resulted in the deaths of several protestors. That day marked the beginning of the siege and bombardment of the Serb’s artilleries from surrounding hills on Sarajevo. The Serbs blocked every road connected to the city. The city’s utilities i.e. electricity, water, gas supplies were cut off. They cut the supplies of food and medicine. No one was allowed to enter or exit the city. Sarajevo was isolated from rest of the world and the citizens were forced to live in awful conditions.

The Bosnian armed forces immediately started to defend Sarajevo. Ordinary civilians, mainly Bosnian Muslims, joined them on the front lines to defend their beloved city. The citizens belonged to different walks of life and didn’t have any prior experience of combat. As Roy Gutman reports in his book, “Bosnia’s Muslims were not the fierce Mujahedin warriors of Serb propaganda; they were mostly city dwellers, artisans, teachers, doctors, small businessmen and farmers, predominantly pacifists. . . .They did not have an army, a military tradition or weapons”. Though the Serbs had more sophisticated and modern weaponry than the Bosnian Muslims, but the Muslims were outnumbered and that is why the Serbs couldn’t take over the city so easily. The bombardment was aimed to weaken the defense forces. The Serbs committed a lot of atrocities during the four years of siege. The Serb snipers, resided in the surrounding hills, made the life hell for the citizens of Sarajevo. They would shoot innocent civilians, old and young. They positioned themselves in such a way that it was hard to cross certain roads. Many streets in Sarajevo got famous by the name of “Sniper Alleys”.  “Pazite, Snajper!” meaning “Beware! Snipers” were written on many street sign boards, where there were high risks of being shot by the snipers. A lot of people fell prey to the sniper shots. Children, men, women, old and young were the victims.

The life in Sarajevo during the war was very hard. The life had come to still. The citizens had to line up for water for hours. There was no electricity. The winters were severe. Without gas, they had to bear the bitter coldness of winter. The temperature would sometimes fall below minus 15 degree Celsius. The hospitals were always full of injured people and dead bodies. The Serbs also deliberately fired mortars at hospitals and schools. No place was safe for the citizens. People wanted to escape the city but they couldn’t. Sarajevo was home to many historical buildings and most of them were destroyed by the mortar shells. A citizen of Sarajevo tells about the siege that, “You can kill a life without killing anyone. It’s a psychological way of destroying civilians bit by bit by destroying normal life- food, electricity, water. It is a wish to humiliate, denigrate” (Giovanni 1994:26). Almost every building in Sarajevo got some degree of damage and about 35,000 buildings were completely destroyed. Many massacres were committed by the Serbs during the siege. In of the attacks, 15 people died when the Serb artillery shell struck the football ground. The biggest causality of civilians was when the Serbs fired on civilians lined up for water. 68 people lost their lives in that attack. There isn’t any exact number of the people died during the four years of siege of Sarajevo but in a UN report about 10,000 civilians were killed, including 1500 children. The 1991 census indicates that before the siege the city and its surrounding areas had a population of 435,000. The current estimates of the number of persons living in Sarajevo range between 300,000 and 380,000 residents. Every day the citizens of Sarajevo hoped that the outside world will come for their rescue but no one interrupted and turned a blind eye towards the killing of Serbs.

In Bosnia, thousands of innocent people were being killed; thousands of women were being raped, people were being tortured and killed in concentration camps, the genocide and ethnic cleansing of Bosnian Muslims were being taking place, every day more and more people were being wiped out, yet the whole world was watching all these ferocious crimes like a spectator and didn’t do anything to stop the Serbs from their atrocities. The war lasted for four years and the powerful nations of the world didn’t bother to intervene to stop the war. It wasn’t that the United Nations and the international community were not aware of the war crimes but they just left Bosnia on their own. The United Nations did send relief goods for the people of Bosnia but taking military action against the Serbs was not their option. The UN and other organizations sent hundreds of humanitarian aid workers, medical and food supplies, tried to evacuate civilians from the war zones, which was commendable but they could have done more than that. The Bosnia’s war showed the failure of the West. Had the international community done something before the war started, the world wouldn’t have seen the massacre of Bosnian Muslims by the Serbs. Bosnia should have been saved, it could have been saved.

The inaction of the European countries and the West over the war in Bosnia could be attributed to the Bosnian government itself (Rieff 1995:11). Before the war had started, the then President of Bosnia, Alia Izetbegovic, had the policies of giving more rights and privileges to the Bosnian Muslims. He was a kind of religious leader and wanted a separate nation for the Bosnian Muslims. The West was afraid that the Islamic fundamentalism could spread to the rest of the Europe. After the declaration of independence by Bosnia and the Serbs started to attack government institutions, the West was silent because they wanted the Bosnian government to be overthrown. The President Izetbegovic asked the UN and NATO to deploy the peacekeeping force in Bosnia but his plea was rejected. He turned to the Muslim countries for help. The Muslim world gave a positive response and helped them militarily by sending military equipments and even their soldiers. Iran, Pakistan, Saudi Arabia and Turkey were among those who helped the most (Rieff 1995:12). But the West misjudged the Bosnian Muslims. Though the President was a religious leader and wanted somewhat to make Bosnia an Islamic country, the Bosnian Muslims were quite liberal religiously, as mentioned before in the paper. The Bosnian government couldn’t force their own will on the Bosnian Muslims. They were not fundamentalists. The misjudgment of Bosnians by the West led to the annihilation of thousands of Bosnian Muslims.

After the war started in Bosnia, the UN imposed arms embargo on every party involved in the war. The most hurt by this sanction were Bosnian Muslims. The Serbs could buy and import weapons through black market while the landlocked Bosnia had no option but to stick to the sanction. The West knew that the embargo is going to hurt Bosnia the most but still they didn’t lift the sanction on Bosnia. The arms embargo didn’t stop the war but made the Bosnian Muslims more vulnerable to the attacks of the Serbs. If the embargo wasn’t imposed then the Bosnian Muslims would have been in better position to defend themselves and much destruction wouldn’t have happened. No military help from the UN and NATO arrived in Bosnia until 1994 when the Serbs had already killed thousands of innocent civilians. The UN gave ultimatum to the Serbs to withdraw their forces from Bosnia and end the siege of Sarajevo or face the air strikes. The Serbs obliged to the order which decreased the attacks of the Serbs to a greater degree. But the UN peacekeeping forces had to take action when the Serbs attacked the UN post. After that the NATO air force struck the military bases of the Serbs for several days and it weakened the Serb forces. In early 1995, the Serb forces withdrew from the frontlines and it started the beginning of the end.

The UN, the European Union, the Muslim world and other international community did help the people of Bosnia by sending them relief goods and other supplies but a lot more could have been done. It was a moral obligation of the rich and powerful countries to help the Bosnian Muslims. The Prime Minister of Bosnia, during the war, said again and again that, “What is going on is genocide. In the West, many people choose to call it war. But it’s not war; it’s slaughter” (Rieff 1994:17).

In July 1995, President Clinton bemoaned in an interview, “It’s tragic, it’s terrible. But their enmities go back five hundred years; some would say almost a thousand years” (Larry King Live, June 5, 1995). What the American President pointed out was quite true. The age old antagonism between the Serbs, Croats and Bosnian Muslims did ignite the civil war. Their different religions were the main reason, besides other reasons, that started the war. The Serbs were Orthodox Christians, the Croats were Catholics and there were Muslims who were converted during the reign of Ottoman Empire. The Serbs had a great hostility and ill will towards the Muslims, which can be dated back to 14^th century. In 1389, when the Ottoman Sultan Murat killed the Prince Lazar of Serbia and took the control of Serbia (Davis 1996: 28). The Serbs lost their independence and came under the control of Turk Muslims and the Muslims ruled over Serbia for centuries until late 19^th century. During the peak of nationalism in 1980’s in Yugoslavia, the Serbs gave lazar the character of Christ and equated the Muslims with Christ killers. The Serbs called the contemporary Muslims traitors because their ancestors betrayed Christianity and converted to Islam. They accused them that the blood of Lazar was on their hands. The American writer Norris cites the Belgrade academic Miroljub Jevtic,” Because of this [the conversion of Bosnians to Islam], the hands of the Muslims who are with us are stained and polluted with the blood of their ancestors from among the inhabitants of Bosnia at that time, namely those who did not embrace Islam” (Norris 1993: 297-98). Although some take the story of Lazar and Sultan as a myth, yet it has great impact on the religious life of the Serbs. During the civil war of Bosnia, the Serbs destroyed the historical mosques, religious literature and manuscripts and other ancient texts of Muslims placed in libraries. It clearly showed that it was a kind of religious war and the Serbs were moved into the war in the name of religion.

Bosnia’s war was the greatest tragedy in the history of mankind. Tens of thousands of innocent people were killed, tortured, raped and displaced from their home country. Whether it was a political or religious war, it shouldn’t have happened. Whether it broke out in the name of nationalism or the age old enmity, it should have been avoided. It was a failure of the West, European Union, the United Nations rather the whole international community was responsible for the massacre of the Bosnian Muslims. After the peace agreement between the Serbs and the Bosnian Muslims in 1996 with the help of UN and other European countries, some part of the Serb dominated Bosnia was given to Serbia. It leaves the impression to the world that genocide does help. The massacres and the killing of innocent people give something back in return. The war of Bosnia was a global disaster and the UN should do more to prevent these kinds of atrocious crimes in future. 

 Written BY: Jawad Karim ( LUMS )

Einstein books Collection Free Download (Words On Spirituality And Religion)

Albert Einstein was born at Ulm, in Württemberg, Germany, on March 14, 1879. Six weeks later the family moved to Munich, where he later on began his schooling at the Luitpold Gymnasium. Later, they moved to Italy and Albert continued his education at Aarau, Switzerland and in 1896 he entered the Swiss Federal Polytechnic School in Zurich to be trained as a teacher in physics and mathematics. In 1901, the year he gained his diploma, he acquired Swiss citizenship and, as he was unable to find a teaching post, he accepted a position as technical assistant in the Swiss Patent Office. In 1905 he obtained his doctor's degree.

During his stay at the Patent Office, and in his spare time, he produced much of his remarkable work and in 1908 he was appointed Privatdozent in Berne. In 1909 he became Professor Extraordinary at Zurich, in 1911 Professor of Theoretical Physics at Prague, returning to Zurich in the following year to fill a similar post. In 1914 he was appointed Director of the Kaiser Wilhelm Physical Institute and Professor in the University of Berlin. He became a German citizen in 1914 and remained in Berlin until 1933 when he renounced his citizenship for political reasons and emigrated to America to take the position of Professor of Theoretical Physics at Princeton*. He became a United States citizen in 1940 and retired from his post in 1945.

After World War II, Einstein was a leading figure in the World Government Movement, he was offered the Presidency of the State of Israel, which he declined, and he collaborated with Dr. Chaim Weizmann in establishing the Hebrew University of Jerusalem.

Einstein always appeared to have a clear view of the problems of physics and the determination to solve them. He had a strategy of his own and was able to visualize the main stages on the way to his goal. He regarded his major achievements as mere stepping-stones for the next advance.

At the start of his scientific work, Einstein realized the inadequacies of Newtonian mechanics and his special theory of relativity stemmed from an attempt to reconcile the laws of mechanics with the laws of the electromagnetic field. He dealt with classical problems of statistical mechanics and problems in which they were merged with quantum theory: this led to an explanation of the Brownian movement of molecules. He investigated the thermal properties of light with a low radiation density and his observations laid the foundation of the photon theory of light.

In his early days in Berlin, Einstein postulated that the correct interpretation of the special theory of relativity must also furnish a theory of gravitation and in 1916 he published his paper on the general theory of relativity. During this time he also contributed to the problems of the theory of radiation and statistical mechanics.

In the 1920's, Einstein embarked on the construction of unified field theories, although he continued to work on the probabilistic interpretation of quantum theory, and he persevered with this work in America. He contributed to statistical mechanics by his development of the quantum theory of a monatomic gas and he has also accomplished valuable work in connection with atomic transition probabilities and relativistic cosmology.

After his retirement he continued to work towards the unification of the basic concepts of physics, taking the opposite approach, geometrisation, to the majority of physicists.

Einstein's researches are, of course, well chronicled and his more important works include Special Theory of Relativity (1905), Relativity (English translations, 1920 and 1950), General Theory of Relativity (1916), Investigations on Theory of Brownian Movement (1926), and The Evolution of Physics (1938). Among his non-scientific works, About Zionism (1930), Why War? (1933), My Philosophy (1934), and Out of My Later Years (1950) are perhaps the most important.

Albert Einstein received honorary doctorate degrees in science, medicine and philosophy from many European and American universities. During the 1920's he lectured in Europe, America and the Far East and he was awarded Fellowships or Memberships of all the leading scientific academies throughout the world. He gained numerous awards in recognition of his work, including the Copley Medal of the Royal Society of London in 1925, and the Franklin Medal of the Franklin Institute in 1935.

Einstein's gifts inevitably resulted in his dwelling much in intellectual solitude and, for relaxation, music played an important part in his life. He married Mileva Maric in 1903 and they had a daughter and two sons; their marriage was dissolved in 1919 and in the same year he married his cousin, Elsa Löwenthal, who died in 1936. He died on April 18, 1955 at Princeton, New Jersey.

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Sex Education In Pakistani Educational Institutions?

Education about human sexual health, anatomy, intercourse, reproduction and other sexual features is generally termed as sex education. More specifically, it gives a student useful information about various emotional and physical changes relating to puberty, proper use of contraceptives, family planning, and various harmful sexual relations. Its major purpose is to minimize the risk of severe outcomes of unsafe sexual behavior like sexually transmitted diseases (STDs) and unwanted pregnancies. So, with the increase in number of STDs and unplanned pregnancies, need for sex education increased all over the world. Pakistan, being a highly populated country, is also in grave need of sex education but, presently, it is also opposed on several grounds. Although the opponents of sex education argue that this education is un-Islamic and motivates a student towards sex, nevertheless, it should be taught on university level because it will help Pakistan in population control and in creating awareness against STDs.

Academic institution is better option for sex education. Classrooms are formal and well organized structures for receiving any kind of knowledge. Also, well educated and trained teachers in such sensitive field of education are much reliable as compared to anybody in outside society. Actually, in Islam, it is the duty of parents to guide their children about various sexual matters but since in our society parents feel uncomfortable to educate their children about sexuality, academic institutions are the best alternative available. So, in Pakistan, sex education should be taught in academic institutions.

Among academic institutions, university is the most suitable place for sex education. Most importantly, on university level, almost every student is physically and mentally mature enough to understand the subject. Also, in schools or colleges, it is difficult for an adolescent to understand the details specifically in anatomy and physiology. Moreover, after graduation from university, marital life of majority of students starts, of which, sex is a formal and legal part. So, this increases the need of educating a university level student about safe and protected sex.

However, due to the conservative nature of Pakistani society, sex education is considered immoral and embarrassing. Even, according to many people, it is against the Islamic code of conduct to educate and guide young ones about sexual matters. But, within Islam there is enough proof and evidence to refute and discourage these claims. For instance, God is discussing topics like reproduction, creation, menstruation in the Holy Quran with great detail. Similarly, despite his highly sacred and respected personality, Prophet (P.B.U.H) discussed and answered queries about various sexual matters in large gatherings, without any hesitation. So, being a Muslim, one should not feel ashamed or embarrassed while discussing sexual issues.

Furthermore, sex education is criticized mainly due the misconception that it motivates students towards having sex. Actually, sex education neither discourages nor encourages a student to engage in sexual activities. It only provides useful knowledge about proper and safe sex. Moreover, it depends upon the choice and conscious of a person whether to go for sex or not. And, fortunately, in Pakistan religion is given a considerable value and preference; which can play an important role in restricting a student from indulging in pre marital sex activities. Similarly, in Pakistan, if single gender classes system is introduced for sex education in universities, where the teacher is also of the same gender as of students, the risk of student indulging in sexual activities can be reduced to negligible level. So, if the goal is to only educate, inform and guide a student about the realities and facts of sexual life, sex education is by no means a motivating force towards sex.

Sex education can rather act as a weapon against sexually transmitted diseases (STDs). Those diseases which are transmitted from one person to other by sexual contact are termed as STDs.  HIV/AIDs and Hepatitis are two of the major STDs prevailing in the country. According to Bhurgri (Department of Pathology, Agha Khan University), about 73,000 cases of HIV have been reported in Pakistan (1). Similarly, “one out of every ten Pakistanis suffers from either Hepatitis B or C” (Raza 1). Apart from these two STDs, many other like Chlamydia, genital, heroes, syphilis, gonorrhea etc are also reported in Pakistan. So, it can be inferred that STDs are prevailing in the country on a threatening level.

These diseases, if not controlled, can cause severe problems for our country. For instance, health sector of the country is already under a lot of stress and provided health facilities are unsatisfactory. If STDs are not given due attention at present, it will become much difficult for already weak health sector to control them. Apart from this, these diseases have the potential to create severe economic crisis for a poor country like Pakistan. In this context, the economic impact of HIV on African economy can be taken as example. According to Dixon, McDonald and Roberts “the pandemic has already reduced average national economic growth rate by 2-4 percent a year across Africa” (1). So, STDs have the potential to create great problems for the country.

In the meantime, these diseases can be easily controlled through sex education. Most of STDs are preventive in nature rather than curative i.e. prevention from these diseases is easier as compared to their treatment. Prevention, on the part of a person, merely requires knowledge about safe sex i.e. proper use of contraceptives and distance from harmful sexual relations. So, Pakistan can be easily safeguarded from them by creating awareness among the public about unprotected sex. Moreover, for the purpose of creating awareness, Pakistan has no better option than to educate all the university level students through a regular and comprehensive sex education. So, it is the need of the hour to implement proper sex education system in the country.

Besides protection from STDs, sex education can be helpful in controlling overpopulation. In Pakistan, the size of population is far greater than the amount of available resources. This has resulted in problems like poverty, unemployment, food shortage and low literacy rate. Nevertheless, this problem of overpopulation can be solved by eliminating unwanted pregnancies and by introducing the knowledge of family planning. So, sex education can play an important role in controlling overpopulation.

    Many cases of unwanted pregnancies are reported every year in Pakistan. If a woman is not willing to give birth to child but becomes pregnant either by force or mistake, then the pregnancy is termed as unwanted pregnancy. Lalani, in her article about unplanned pregnancies, quotes from Ansari that “the first demographic survey conducted in 1960s claims that about one third women wished to avoid pregnancy but were not practicing any method of family planning due to many reasons and resulted in unwanted pregnancies” (1). Since abortion is not legally allowed in Pakistan, it can be inferred that about one third of children are somewhat unwanted children. Clearly, this results in miserable child health and overpopulation. On the other hand, if Pakistani women are given knowledge about various methods to avoid and rescue themselves from unwanted and unbearable pregnancies, the problem of overpopulation can be solved up to great extent. So, in order to control population, the need for sex education becomes increasingly clearer.

Similarly, sex education also aims to educate an individual about family planning. Family planning refers to the ability of a parent to choose the most appropriate time to give birth to a child. This ability, on part of parents, requires useful knowledge about the effect of child birth on mother’s health and proper child rearing. In this context, sex education can be helpful in giving this particular knowledge with much detail. For instance, benefits and advantages of a small family are discussed which encourages students towards family planning. Moreover, students are educated about the techniques of birth control. So, if sex education is implemented in Pakistan, the problem of overpopulation will be solved and a much happier Pakistani society will emerge.

Concluding from the above discussion, it is in the broad national interest to introduce a formal sexual education system on university level. Because it can help the country to safeguard itself from two of the major dangers like sexually transmitted diseases and over population. Since, it is the health of the individuals upon which the prosperity of the country depends; these two dangers which, if not taken notice of, have the potential to cause grave problems for a poor country like Pakistan. And sex education can act as a weapon against STDs and over population. Although, the opponents offer some objections, these objections are either unwise or a solution to them exists.      

                                                                                                                  Written By: Fawad Marwat

The Nuclear Winter: Carl Sagan - Critique

The article “Nuclear Winter” was written in 1983 by Carl Sagan who was a renowned professor of astronomy and space sciences at Cornell University. This article aimed to provide evidence on the climatic effects of nuclear war. The writer says that in a nuclear war great quantity of soot and dust is lifted to the upper atmosphere which forms a layer that hinders the sunrays. Thus sunlight is reduced and severe cold weather sets in. At the time of its publication the article was of great public debate because United States and Soviet Union, which were both nuclear powers, were on the verge of war. So, there was every possibility that a devastating nuclear war would start. Although the article holds importance because it discusses new dangers of atomic war and emphasizes on finding a theoretical solution to the problem, it has some limitations like overstating the danger and its insignificance in the world of today.  

The writer starts the article by stating some statistics about the possible destruction that a nuclear warhead can bring. Then he talks about ozone depletion as a result of nuclear explosions. In nuclear explosions nitrogen of the air is converted into oxides which destroy the ozone layer.  Carl Sagan along with other colleagues, for the first time, researched on the climatic effects of the nuclear war. In his experiment, he assumed 5000 megaton warheads. As a result he found that due to the smoke and dust generated in the explosion, the temperature is liable to fall to minus 25 degree Celsius for months. Moreover due to the temperature drop, he says that all crops and animals would be destroyed. Similarly radioactive dose greater than 250 radiations will be received by 50 percent of northern hemisphere when the dust particles would start to descend. In the end he mentions that before fools rise to power and use nuclear weapons, we should find some theoretical solution to the problem.

The style of the article is informative with simple and easy language which enables almost every kind of reader to easily understand the purpose of the article. Moreover, it keeps its readers involved till the end because in every new paragraph they can find new and exciting information. However, the tone of the essay is too strong for the readers because the writer uses words and phrases like buildings would be vaporized, people reduced to atoms and shadows, extinction of human species, unburied bodies begin to thaw etc. The writer himself points towards this fact when at one place he says “some of what I am about to describe is horrifying”. That is why after reading the article, a reader becomes fear stricken and nervous.

In order to convince the readers about the authenticity of his own claim, the writer is using an effective technique of mentioning the names of few renowned scientists who agree with his work. For instance, he says “our work was further spurred by Paul Crutzen … and by John Bricks”. Similarly in the ending paragraphs he again uses this technique by saying that their results have been scrutinized by more than 100 scientists from United States, Europe and Soviet Union. As a result, his claims become convincing and reliable.

Throughout the essay the author has made vivid assumptions in order to support his argument. However at some places, the author has over assumed in some of his claims to back up his argument. For instance, he says that once nuclear war gets started, the world will not be able to contain or control it and at least 10,000 megatons will be exploded. But, at present, highly influential international organizations like United Nations and International Atomic Energy Agency (IAEA) are functioning all around the world which is capable of stopping the series of atomic explosions. Similarly, the author is assuming Earth’s atmosphere to be comparable to that of Mars. But due to the presence of life at Earth and its absence on Mars, the atmosphere of both can be much different as far as gases like oxygen, nitrogen and carbon dioxide are concerned because these gases are produced by living organisms. So, Earth’s and Martian atmosphere cannot be assumed to be comparable. That is why the author is overstating the danger by using inappropriate assumptions.        

Through this article, the author is informing the world about three previously unknown risks of nuclear war i.e. the cold, the dark and the intense radioactivity. It is a fact that people and authorities try to quickly solve those problems whose dangers and risks are of high scale. Before Carl Sagan’s research, world knew only about the dangers of ozone depletion, huge loss of lives and economic instability as a result of nuclear war. So by mentioning these three dangers, Sagan has motivated the world to get rid of nuclear weapons due to which the article gains value.

The article enjoyed a lot of significance at the time of its publication but in the world of today this article loses some of its importance mainly because of two reasons i.e. unipolar world and advanced technology. After the dissolution of Soviet Union in 1991, the world is no more bipolar. The cold war between US and Soviet Union has come to an end with US left as the only superpower of the world. So, there is not much tension in the world politics as compared to that in 1980s. Also, the advancement made in technology like Missile Defense System, has enabled us to avoid the dangers of nuclear bombs. So, the fear of nuclear war has been reduced to some extent due to which this article loses some of its importance.

However, one of the praiseworthy and valuable aspects of the article is that it warns the world about the fact that we can find only a theoretical solution to the problem of nuclear weapons.  The writer says “nuclear war is a problem which can be treated theoretically”. It is known that in a nuclear war about 5,000 megatons are expected to be blown. Also it is a fact that the world cannot bear any experimentation with the nuclear warheads of such large scale in order to convince nuclear powers to abandon their nuclear weapons. Therefore, according to the writer, nuclear states must be convinced theoretically through researches and dialogues to get rid of these weapons. So, this suggestion raises the value of the article.

Concluding from the above discussion, it can be stated that the author’s research contributes a lot to the world peace. It is the mainly the fear of misuse of nuclear weapons any time in the future that is deteriorating the world peace at present. Although there exist certain structural and linguistic defects in the article, he is still quite effective in revealing the main idea that nuclear war will bring about unbearable conditions of severe cold and intense radioactivity. In order to pay tribute to the praiseworthy and valuable research of the author, the world authorities should take some serious steps to at least control the nuclear proliferation.  

                                                                                                        Written By: Fawad Marwat

What Was The Major Cause Of Downfall Of Muslim Empire?

There have been many nations in the history who have emerged from nothingness, ruled almost the entire world and then destroyed by others. Romans, Greeks, Persians and even Muslims are few examples of such nations. As far are Muslims are concerned, they rose from the deserts of Arabia and in a period of less than a century, they conquered Persia, Palestine, Egypt and had swept across North Africa and Spain and then for a period of four centuries, during Abbasid caliphate, they led the world in all aspects of education and prosperity. (1) This was the Golden Era of Muslims but Dark Age for West. While Muslims were enjoying development in philosophy, arts, architecture and technology, West did not see any progress for centuries in science and philosophy and was suffering from illiteracy and barbarism. (Perkins 1) But this prosperity of Muslims vanished after few centuries. The collapse of Islamic Empire started with the attack of Mongols. Resultantly, Islamic empire vanished and three separate empires i.e. Moghal, Ottoman and Iranian empire came into being. (Perkins 1) These empires, in turn, were easily destroyed by Western powers through colonization and world wars. Although some people argue that Muslims lost power due to external forces like Mongols and Christians, and that they had also left the true teachings of Islam, nevertheless, the main reason of downfall of Muslims was the religious orthodoxy because it resulted in the abandoning of science and women education.

The religion of Islam, like every religion, consists of two main parts i.e. Shariah (the ordained path) and Fiqh (the Islamic theology). “Shariah has certain laws which are regarded as divinely ordained, concrete and timeless for all relevant situations (for example, the ban against drinking liquor as an intoxicant)” (Shariah 1). So, the rules laid down by Shariah are unchangeable and unchallengeable. Whereas, fiqh “refers to the inferences drawn by scholars of the time” (Shariah 1). These scholars try to enable religious rules to adhere to the prevailing conditions of the society and thus increase the element of rationality and logic in Islamic principles. This practice is commonly termed as ‘ijtihad’. In the initial stages of Islam, ijtihad was encouraged due to which Islam evolved gradually into more science and reasoning based religion. That is why, according to Nowshervi “science was … like full moon during 10^th to 12^th century”. (1) However, in 12^th century, the gates of ijtihad were closed and scientific research largely ceased in the Muslim world. (Perkins 1) So, by not practicing ijtihad, distance was willingly created between Islam and science.

This kind of religious orthodoxy had also started in Christianity but reformers like Martin Luther (German priest) blocked its way through a famous reformist movement called Protestantism. This movement untied God’s revelation from secular institutions like science, philosophy, arts etc and rejected the concept of strict adherence to the words of God in matters of faith and practice. (What is Protestantism 1) Similarly, according to Ahmad, Muslims also got opportunity to get rid of their religious orthodoxy in the form of Mutazilites, the Islamic rationalist philosophers of early eighth century. (1) According to Hoodbhoy, they developed ilm-ul-kalam (the fusion of Greek logic and Muslim theology), which was to form the basis of Muslim scholasticism and dominate Islamic thinking for centuries. (97) It was the result of the efforts of these mutazilites that almost all forms of knowledge medicine, astronomy, philosophy, mathematics, natural sciences, music and the occult sciences flourished in the early five centuries of Islam. (Hoodbhoy 96) And that is why these five years proved to be the golden era of Muslims.

 But Mutazilites were not allowed to influence Muslims thinking for long. During the time of Caliph Al-Mutawakkil, these rationalists were tortured and killed and their properties were confiscated. (1) Moreover, they were removed from government jobs, accused of heresy and executed. (Hoodbhoy 100) So, these intellectuals, philosophers, scientists and rationalists were greatly unwelcomed by the orthodox Muslims of those times. Moreover, they were forcefully sent to Latin West where they were welcomed with open arms and were encouraged to lay the foundations of modern global civilization. (Ahmed 1) So, the Muslims did not take advantage of the opportunity which would have resulted in the revival of science in Islam.

 Moreover, it is a universally accepted fact that Muslims are the founders of modern science and technology. In the period between 8^th and 14^th century CE, when religious orthodoxy had not yet started, many world famed Muslim scientists like Jabir-ibn-hayan, Al-Kindi, Al-Farabi, Al-Haitham, Ibn-Sina etc contributed immensely to human knowledge. (Muslim Scientists 1) Similarly, world famed universities were built which attracted not only Muslim students but also students from West. Hoodbhoy points towards this fact by saying that “Baghdad and Spain during their heyday built universities to which thousands flocked”. (85)  But after 14^th century, education started slipping out from the hands of Muslims and that is why just a handful of Muslim scientists and intellectuals emerged in the world. Reason for this was that “the natural and rational sciences were considered secular (irreligious) and foreign to Islam…Many Mutakallimun (Islamic theologians) considered them (sciences) as innovations in Islam”. (Decline of Science 1)   Even though at that time certain key figures like Imam Ghazali were of the view that “a grievous crime indeed against religion has been committed by a man who imagines that Islam is defended by the denial of the mathematical sciences, seeing that there is nothing in these sciences opposed to the truth of religion”, the attention of the people had shifted towards either Sufism or other rigid orthodoxy instead of scientific innovations and discoveries. (Salam 1)  So, the voice of anti-orthodox Muslim thinkers did not hold any value.

Moreover, orthodox theologians allowed only those sciences which were useful for religious practices (amal). (Hoodbhoy 101)  They considered all other sciences as unimportant, western and led Muslims from the straight path. It is evident from the fact that after the European invention of printing machine in 15^th century, the Arabs did not use it for three centuries on the ground that mechanical printing of religious books and material was un-Islamic and irreverent. (Hoodbhoy 101)  Similarly, Imam Ghazali, who is known as the person who saved orthodoxy by depressing science, had declared in his time that Islamic philosophers like Ibn-Sina, al-Farabi, and others should be reckoned as unbelievers. (Hoodbhoy 104) So, that learning which was not actually anti-Islamic was considered as dangerous and irreligious.

Moreover, when science started to be unwelcomed by Muslims, all their scientific progress shifted to West. (Khan 1) West not only welcomed science from Muslims but also developed it to a magnificent extent. Stanton says that “the emergence of institutions of higher learning in twelfth century Europe occurred as a result of translation of Islamic intellectual and scientific works into Latin”. (147) Additionally, most historians are of the view that the arrival of Islamic intellect to Europe caused a great revolution in learning because before that Europeans scholars were struggling to engage in any kind of intellectual debate. (Stanton 156) Also, when science shifted from Muslims to West, there it was used for development and progress. It is known that after West had much developed as a result of science, philosophy, literature and arts, it became major opponent of Muslims. So, it was due to the shift of science and intellect from Muslims to West that Muslims lost strength and power. 

As today the scientific progress is necessary for a nation to stay alive and overcome the challenges of ever changing world, similarly, at that time, distance of Muslims from science and technology was the confirmation of their downfall. Science is not only related to technology but many other fields like philosophy, medicine, economics, literature, music etc are greatly dependent upon science. So, when Muslims discouraged it, all these fields were badly affected. Moreover, Muslims threw their own rationalist ideas towards West, where they were used to bring development and prosperity. So, this discouragement of science due to religious orthodoxy was one of the reasons of downfall of Muslims.

Religious orthodoxy rejected not only science and reasoning but also women’s education. Since women make half of the population, women’s education not only contributes to economic, scientific and cultural development of a nation but also plays an important role in its social progress. Realizing this fact, Islam, whoso major aim is the welfare of its followers, has provided enough support to the women’s education. For instance, Dr. Tariq quotes from Quran that “it is the duty of every Muslim man and woman to seek knowledge”. (1) So, in the golden era of Islam, when religious orthodoxy had yet not started, according to Jawad, there were no limitations on women’s education and they were free to choose any field of knowledge which interested them. (21) Moreover, there were cases in which women were the teachers of men, for instance, the wives of Muhammad (P.B.U.H) taught Quran, hadith and Islamic jurisprudence to women and also to the Prophet’s companions and followers. (Jawad 20)  Apart from this, many other Muslim women contributed towards literature, medicines, military services etc. So, this situation not only resulted in the betterment of women but also in the progress of entire Muslim society in the initial stages of Islamic civilization.

However, women’s education was not allowed to prevail for long. Due to the orthodox and patriarchal interpretation of Islamic teachings that started first in the Abbasid caliphate, Jawad says that female education was considered a threat to Islamic customs and way of life of those societies. (25) Moreover, “it was believed that basic awareness of religious rites and memorizing part of Quran was sufficient for them. (Jawad 24) Similarly, what at maximum was expected from them was to become a compassionate mother and a dutiful wife. (Jawad 25) Thus, it is evident that by banning women from receiving education, half of the population was not allowed to get advantage of their abilities and potential. Moreover, this discrimination and injustice was done only due to religious orthodoxy and lack of vision in the Muslim theologians and authorities. So, ban on women’s education as a result of religious orthodoxy was also one of the main reasons of downfall of Muslims.

From the above discussion, it is evident that by discouraging science and women education, Muslims have themselves invented the causes of their destruction. Moreover, all this happened because of the orthodox and authoritative mentality of Muslim rulers and legislators. However, the orthodox thinkers, of present, define the downfall of Muslims from their own point of view. According to them, the Muslims enjoyed prosperity and success in the golden era because they exhibited a pious behavior and carried out their religious obligations. Thus, the success was a divine gift. Hoodbhoy also mentions this statement by saying that according to orthodox people “as long as Muslims prayed punctually, performed Haj, fastened in the month of Ramazan, gave Zakat, and religiously observed the rituals, they prospered”. (86) And the downfall of Muslims, according to orthodox thinkers, started when anti religious and impious activities started in Muslim society. “The decline is ascribed to the practice in courts of the caliphate of vices like drinking, singing, dancing and sexual laxity” is the view of orthodox people, according to Hoodbhoy. (86) So, they think that the distance from religion was the major cause of Muslims’ downfall.

But, it is a fact that the major progress that occurred in the Muslim times was in the period of Harun-al-Rashid and Al-Mamun. They both were liberal rulers and strictly opposed religious orthodoxy. According to Hoodbhoy, their liberalism was a source of great displeasure to the orthodoxy of their times. (86) Moreover, they were greatest supporters of science and philosophy in the history of Islam. For instance, in order to create Bait-al-Hikma (the house of wisdom), Mamun sent emissaries as far as Byzantium to search and purchase scientific and philosophical work. (Hoodbhoy 98) So, it can be inferred that it was mainly science and education and not the religion due to which Muslims prospered. Since religion is a personal thing and is necessary for deliverance in the life hereafter, it is useful for the betterment of individual but alone it is not enough to ensure the development and progress of a nation. This fact is evident from the example that “when Napoleon attacked Egypt, all the students of Al-Azhar University were ordered to do nothing else but to recite Surah Yaseen and in this way God would award them with success against Napoleon. They did so and were defeated easily at the hands of Napoleon” said Dr Firaqi (Department of Humanities and Social Sciences, LUMS) in an interview. So, it is evident that distance from religion, whether occurred or not, cannot be considered as the cause of downfall of Muslims.

Similarly, it is also a general conception that Muslims are not themselves responsible for their downfall. One set of explanations concentrate on the external factors like Mongols, crusades and the colonization and assign the downfall primarily to military defeats. (Hoodbhoy 95) Thus it is considered that it were the attacks of foreign forces due to which Muslims lost rule and power. But, it is a fact that the nation which has high technology and resources as compared to the opponent nation can subjugate its opponent. So, by banning science and innovations Muslims had surely let themselves apart from modern technology of that time. On the other hand, Western powers, by embracing the science developed by early Muslims, were quickly advancing their war technology. And when their technology had much surpassed that of Muslims, they easily defeated Muslim forces. So, if the Muslims had continued the trend set in science and technology by their elders, foreign forces like Mongols and Christians would not have been able to conquer Muslim territories.

After Muslims had lost much of their power and influence as a result of distance from science and education, they should have learned lesson from their past mistakes. Muslim leaders and legislatures should have thought of some reforms and improvement in their strategy, in order to regain lost rule and influence. They should have revived the culture of science and education in Muslims in order to compete with other nations of the world. But, unfortunately they failed to do so and as a result Muslims gradually lost control over their own territories. This lack of vision has continued even to the present day, with the result that Muslims are currently the most under developed nation of the world.

                                   Until and unless Muslims of the world get rid of the extremist approach and intolerance towards science, innovation and women education, they cannot compete with already developed nations of the world. In the medieval period, West followed the same guideline and not only competed with the then superpower i.e. Muslims but also surpassed them. At that time, their basic ideology was to not only accept the valuable sciences from Muslims but also further develop them. Although, orthodox theologians of today, like those of past, are hampering the way of science and education, they should be neglected and Muslims of the world should focus on these fields.           

                                                             Written By: Fawad Marwat

Justice Through The Court Of Law And Through The Jirga

The main aim of justice is to create a free, fair and happy society, where fundamental rights of individuals are respected. Also, it is not only the responsibility of government to provide justice to every individual but also of the society in which the individual is living. That is why, apart from a well organized judicial structure on country level, Pakistan do have some non-governmental institutions like Jirga and Panchayat, working in rural societies for the provision of justice. Courts are government led judicial structures that provide justice in the light of a well-established legal code of the country called constitution. Jirga and Panchayat derive their authority from the prevailing code of conduct and morality in their respective societies. Here instead of Jirga and Panchayat both, we narrow down the discussion to Jirga only. Yousafzai and Gohar define Jirga as a body comprising of local elder and influential men (mostly from two to ten) who sit in a circle without any president or secretary (17).   

Although the court of law and Jirga both serve the same purpose of providing justice to the individuals and in this context, there are certain similarities in both systems like consensus of masses, still both systems are much different in their procedural norms and principles especially in case of murder.

Judicial institution of a society is accepted only when a legitimate authority backs it. Since the legitimacy of any authority is primarily based upon the consensus of masses, both the judicial systems derive their authority from their respective masses. Jirga still operates in Pushtoon society because Pushtoon nation recognize its legitimacy while Pakistan Judicial System is the only hope of urban class to receive justice. 

In order to evaluate the procedural norms of both systems, we first take into account a situation where an offender has committed an unintentional murder i.e. accidental killing of a person in crossfire between two other parties or in a road accident. Under the Jirga system if the members of Jirga are satisfied that the murder is unintentional, they will settle the dispute through head money and a public apology only (Yousafzai and Gohar 36-37). In court of law this type of murder is termed as Qatl-e-Khata for which they also look for the factor of negligence and rashness and whoever commits Qatl-e-khata is liable to Diyat (payment made to the heirs of victim) as well as imprisonment which may extend up to five years as tazir (Mehmood 112).

Both the systems differ in their approach to intentional murder as well. Jirga, like court, first needs to prove that the murder was intend but unlike courts “when it is difficult to prove whether the event occurred accidently or whether there was some malice involved, onus of providing such proof lies with the party under suspicion of murder. The victim party can only observe the things silently” (Yousafzai and Gohar 37).  Yousafzai and Gohar further say that when the murder is proved to be intentional then according to the Jirga system the murderer party provides the victim party with cash money and more often with the transfer of girl (for marriage), in order to settle down the dispute (37). In courts of law, both, the defendant and the plaintiff, are required to plead their case. Moreover, being a well developed institution, court can use modern techniques like autopsy report and finger prints to prove the murder. When intentional murder is proved, it is then termed as Qatl-e-Amd for which depending upon the gravity of case, apart from the punishment of Diyat the murderer can be hanged to death or he can be imprisoned for a term, which may extend to twenty-five years (Mehmood 93).

The menace of murder in the name of Honor Killing has always been an integral part of Pakistani rural society. The killing of a boy or girl mostly due to sex, adultery, and rape is termed as Honor Killing. There is room for Honor Killing in the Jirga. Yousafzai and Gohar say that even the Jirga can itself morally force the father or brother of the boy or girl to kill their respective offspring (37). Whereas, court of law does not has any room for the Honor Killing and has same punishment for the Honor Killing as for Qatl-e-Amd (intended murder).

Concluding from the above-mentioned facts, we can say that although both systems differ up to some extent in their procedural norms, they still are doing the noble work of providing Justice to the masses. Justice is upon which the social stability of any society depends. It not only helps in promoting economic and political growth but also attributes to the overall welfare of the society. The need of the hour is to establish strong political institutions backed by legal authority to provide efficient, speedy and fair Justice to the society.

                                                                                                                   Written By: Fawad Marwat