Death Penalty; A Pakistani Perspective

CAN LEGAL FICTION OVERCOME RELIGIOUS AND CONSTITUTIONAL LOCKS?

DEATH PENALTY: A PAKISTANI PERSPECTIVE

BY

Tipu Salman Makhdoom*

Abstract:

Death Penalty is not really an issue in Pakistan. Mostly because it’s an ideological state, Constitutionally having a religion which clearly provides for death penalty. In addition to this ideological check, there is also a Constitutional check. Constitution of Pakistan states that all laws need to confirm to Islam and Supreme Court of Pakistan says that among others, this part of Constitution constitutes the ‘Basic Structure’ of the Constitution which cannot be amended, even by adopting the procedure that Constitution itself provides for its amendment!

After making a jurisprudential argument in favour of abolition of death penalty, this paper explores the ideological and Constitutional checks in Pakistan legal system locking the death penalty in the system. In the end, an argument is made that in addition to taking the political course, a legal path can be taken to abolish the death penalty in Pakistan, without violating the Constitutional check; legal fiction.

Rohingya Muslims? Shut Up Pakistan!

by Tipu Salman Makhdoom

Rohingya Muslims are ethnically Bengalis. After first Anglo-Burmese war in 1892, British annexed a part of Burma (Myanmar) and encouraged migrations from Bengal to work as farm labourers. And they continued to live there.

Death of Two Nation Theory!

By Tipu Salman Makhdoom

Pakistan is based on Two Nation Theory! 

Right and wrong. Right that Pakistan was created on the basis of two nation theory, but wrong that it still exists on it.

Death: The Most Profitable Business

By Tipu Salman Makhdoom

Which are the most profitable businesses of the world? Neither creative, nor productive nor even entertaining; but the ones related to Death. Lots of it!

Two most profitable industries of the world are weapons and pharmaceuticals. One gets money to give us power of inflicting death on others, while the other takes our money in exchange for avoiding it. And we give a lots and lots of money to both of them, in exchange of lots and lots of deaths; and avoiding it.

The most profitable business of the world is weapons industry. Although the big chunks of profit in it comes from big time weapons, like fighter jets and tanks, etc, their demand increases during the times of wars. 

Doctrine of Necessity: Is It Really Dead?

Doctrine of Necessity: Is It Really Dead?

by

Tipu Salman Makhdoom

Supreme Court of Pakistan

Who invented Doctrine of Necessity; Supreme Court or circumstances? What would be the true criteria of judging the imposition of next martial law; a 'Doctrine' of law, or the 'Necessity' of the circumstances? These are the questions which need pragmatic not dogmatic answers. Dogmatic are the answers coming out of fixed principles, regardless of reality while pragmatic are the answers coming out of reality, regardless of any hypothetical principles.

Cancerous Faiths

by Tipu Salman Makhdoom


According to fundamentalists, all faiths are cancerous; all but one. Which one, is the million dollar question. And answer to this question is not easy. At least it is not cheap. It has cost us tens of thousands of innocent lives in last few years. Count in many tens we paid in Karachi. The currency this time was the blood soaked bodies of the peaceful Ismailies, a sub-sect of Shias, considered heretics by Talibans and ISIS.

Politics of Religion: Ahmadis of Pakistan

Politics of Religion: Ahmadis of Pakistan

By Tipu Salman Makhdoom

(Another Chapter form my upcoming book)

1- INTRODUCTION

In middle ages, Portuguese law declared Muslims as protected but inferior subjects. They were decreed to live in separate quarters and to restrict their social interaction with Christians.[1] At the same time, in the neighbouring Spain, similar transition was taking place from a Muslim to a Christian society. “During the war with the Muslims of Granada, Isabella founded the first military hospital in Europe, consisting of six large tents equipped with bandages, medicine, and beds, which were carried from on besieged town to another.”[2] 

Passionate Legalities of Marriage

(This in fact is a Chapter of my upcoming book)
Also available at Academia

By Tipu Salman Makhdoom

Marriage as a Control of Biology:

Sex is good for health. Very good in fact. Not only for body, but also for brain, which incidentally is the largest sex organ in human body. Scientific studies in this regard have been voluptuous. One set of studies shows that men who reported highest frequency of orgasm enjoyed life expectancy 200 percent more than those who lagged behind. Another set indicates that men who had sex at least 3 times a week slashed their heart attack risk to half. Yet other studies demonstrate that frequency of sexual activity is directly proportional to the lower risk of breast cancer in women and that of prostate cancer in men.[1]

She Males

By Sadaf Salman Makhdoom

Who is a transgender.

I came across a TV show on transgenders. After watching that I realized something which I never thought of before. I was shocked to find out that we are all transgenders. They are physically prominent because of their appearance and we disclose ourselves through our thoughts. Why is transgender such an abusive and offensive term? Isn't it good to have the power of man and appearance of woman or be sensitive as a woman with appearance of a man ? Why not? Why not respect individuals who are much more better when it comes to traits? Our govt is providing them with employment. I think it is quite a step in the so called Islamic state.

Families disown their offsprings at some stage in a sense that girls get married and boys move on for their families and future. Does parent's role as ruling party ceases? Why does society force the parents of transgenders to quit on their child when it is bound to happen at a later stage...

I believe there is no gender...one should be free to choose whatever they want to be and no one should be allowed to intrude........ Murdering the personalities of people isn't humane!

Pakistani Yes--But Who Am I?

By Tipu Salman Makhdoom

A Pakhtoon famously said about himself, 'I am a Pakhtoon for 5,000 years, a Muslim for 1400 years, and a Pakistani for 60 years'.

Pakhtoon