http://paktribune.com/news/index.shtml?170429

Amnesty against Sharia: Clerics

Wednesday February 28, 2007 (0434 PST)

KABUL: Some local clerics believe approval of the amnesty bill by the
two houses of parliament is against Sharia (Islamic laws).

The bill, called the Reconciliation Draft Law, seeks amnesty for all
those accused of war crimes and human rights violations during the more
than two and a half decades of war and civil strife in the country.

The 11-article draft law was approved by the lower house of parliament
last month and the upper house or Meshrano Jirga also followed suit last
week. The draft is now awaiting President Karzai's signature to become a
law.

Maulvi Din Khabar, a local cleric and former member of court in Bagrami
district of Kabul, says only the victims of the war can give amnesty to
those accused of war crimes under Sharia.

"No third party can forgive a crime committed by someone, but the
victims," said Din Khabar. He termed parliament's approval of the draft
law as against Sharia.

At the same time, he suggested the government should organise a
referendum if it was so much interested in the issue and get the views
of the people. He said the people elected the MPs to represent them in
the parliament, but they (MPs) were violating the rights of their
electorates.

Shaiq Ahmad, another mullah from the eastern Nangarhar province, told
Pajhwok Afghan News forgiving 'criminals' by the government would
encourage them to commit more such crimes. The country would be dropped
into chaos if the draft was signed into law by the president.

Professor Abdul Samad Karamat of the Kabul University's Islamic Law
Department said the judiciary must act and brought those to justice who
had committed crimes against humanity.

He said judiciary must be independent and it was its jurisdiction to
challenge the law even if signed by the president. Those accused of war
crimes must be brought to justice, he stressed.

The draft law has already been criticised by the international community
and human rights organisations, who asked the president not to give his
approval. However, the big show of power by former mujahideen
commanders, majority of whom are either key members of the Karzai-led
government or sitting in the parliament, was aimed at mounting pressure
on the president to sign the bill into law.

+++



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