Blogware

Powered by TypePad

Notices

© Copyright 2007 by Law Professor Blogs, LLC. All rights reserved.

« September 23, 2007 - September 29, 2007 | Main | October 7, 2007 - October 13, 2007 »

October 6, 2007

Of Cats and Kidneys

A news photo caught my eye last week. Four Pakistani men are holding up their shirts, displaying long surgical scars. The caption explained they had each sold a kidney to a “transplant tourist.” Transplant tourists are patients who journey abroad in search of affordable bodily organs. Kidneys are among the most popular human commodities. Payments to impoverished donors reportedly range from a high of around $10,000 in Brazil to a low of $1300 paid by the Iranian government.
While the wretched of the earth are submitting themselves to major surgery, the cats of America are enjoying health care benefits most of our planet’s six billion-plus people can only dream of.
If you doubt me, check out “VeterinaryPartner.Com,” where we are told, “Kidney transplantation is something everyone has heard of for human patients but hasn’t really thought about for pets. It turns out that organ transplants are not very available for our pets; however, there is a notable exception and that is in kidney transplantation for cats.”
www.veterinarypartner.com/Content.plx?P=A&A=1349&S=2&SourceID=42
This article goes on to list the screening required to determine if your kitty is a good candidate for a kidney transplant: blood tests; urinalysis; urine culture; feline leukemia virus screen; ultrasound examination of the heart; screening for taxoplasmosis; blood typing, and (no kidding) teeth cleaning.
These people seem to be serious. No wonder… we Americans, while tolerating lack of health insurance for about 15% of our human population, spend billions caring for our pets. I even found a support site for cat owners facing the trauma of kitty’s kidney transplant. “The shock of the initial diagnosis is where the emotional roller coaster ride begins. The first priority must be to overcome feelings of hopelessness, anger, sadness, helplessness and fear so that you can assist your cat.” www.felinecrf.com/transf.htm
Listen here. I like our dog. Just the same --- and please don’t tell him this (he can’t read) --- if his kidneys kick, he’s not going on any transplant list. If that seems hard-hearted to you, let me provide a bit of perspective.
When I was a boy, growing up in Pennsylvania’s hard-coal country, people mostly were fairly poor. Lower-middle class and blue-collar are the class labels that come to mind. Many supplemented their larders with wild game. Beagles and hounds were the canines of choice. Cats were kept around to kill mice. When these “pets” could no longer do their jobs, they were put down. They were expected to earn their keep.
Middle class affluence has bred a batch of disproportionate behaviors. The Hummer is one… great for patrolling Baghdad, but a hazard on an interstate highway. Fast food is another… super-size me, baby!
Our weird passion for our pets is yet another. Kidney transplants for felines is only the most outrageous example of the practice of veterinary medicine in America today.
Someday, however, animals may repay us for our extravagant generosity to them. According to Dr. Muhammad Mohiuddin of the US National Heart, Lung, and Blood Institute, “the recent development of genetically modified pigs that are more compatible with humans, has reinstated hope for the success of xenotransplantation,” i.e., transplanting from one species to another.
A great idea, given that “transplant tourists” are mostly folks who are likely to die before their names come to the top of waiting lists in their home countries. They’re not out to exploit impoverished donors. They’re just trying to stay alive.
I only hope the trend never runs the other way. Given how goofy we’ve become about our pets, will the next news be that somebody’s pit bull just received a human organ?


October 6, 2007 | Permalink | Comments (0) | TrackBack

The Culture of Cadavers

Kenyan Med Schools face shortage due to cultural inhibitions.Chronicle of Higher Ed

October 6, 2007 | Permalink | Comments (0) | TrackBack

The Ethics of Commercialized Human Organ Sales

Journal Article (2006)

October 6, 2007 | Permalink | Comments (0) | TrackBack

Post-Modern Cannibalism

Blackmarket trade in human organs.find articles.com

October 6, 2007 | Permalink | Comments (0) | TrackBack

Scenes from the Cadaver Trade

Harpers Magazine

October 6, 2007 | Permalink | Comments (0) | TrackBack

The Final Gift that keeps on giving

A primer on organ and cadaver donations.funerals.org

October 6, 2007 | Permalink | Comments (0) | TrackBack

The True Price of a Human Organ

Chronicle of Higher Ed

October 6, 2007 | Permalink | Comments (0) | TrackBack

Attorney at Large

This week's newspaper column:

“I collected bones from charnel-houses…. The dissecting room and the slaughterhouse furnished many of my materials; and often did my human nature turn with loathing from my occupation…. It was on a dreary night of November that I beheld the accomplishment of my toil…. How can I describe my emotions at this catastrophe, or how delineate the wretch whom with such infinite pains and care I had endeavored to form?”
A young writer named Mary Shelley put these words into Dr. Frankenstein’s mouth in 1816. Since then, countless movies have depicted grave robbers snatching bodies. In fact, the practice preceded “Frankenstein” by centuries. During the Middle Ages, the Catholic Church stood against dissection of dead bodies. Some popes even excommunicated physicians who tried it. Medical advances depended at least partially on stealing and secretly studying cadavers.
In modern times, dissecting a human body has long been a standard part of med school education. At a university where I worked as a young man, donations of dead folks were so plentiful that keeping the cadavers identified became a challenge. Donors were promised the ashes of their loved ones. Fact was that all the used corpses were cremated together. Every donor got a box of ashes… but whose? The issue came to a bit of a crisis when one such donor, transferring the ashes to an urn, discovered a dental appliance the fires had failed to burn. My hubby never wore this thing, she complained to the med school dean. Whoops.
You might be surprised to learn that the first corneal transplant took place in 1905. Great leaps forward in heart and lung transplants took place in the 1960s, when new technologies and anti-rejection drugs came together in the OR. As waiting lists lengthened, a new industry was born.
As with any business, organ transplantation spawned a black market. Urban legends --- some true, some fictional --- keep surfacing. In an article entitled "Postmodern cannibalism; black market trade of human organs,” writer Nancy Scheoer-Huges claims, “Today, China stands alone in continuing the use of organs of executed prisoners for transplant surgery.” She made that claim in 2000. Since then, reports of poor people in places like India selling their kidneys abound. Photos attest to their truth. Less likely are the tales out of Las Vegas of guys bedding down with ladies of the night, only to awaken in bathtubs filled with ice, relieved of a kidney.
Last week we learned that this black market flourished until recently right here in Greater Philadelphia. Three local funeral directors stand charged with dismembering more than a thousand corpses and selling assorted body parts to doctors who transplanted them in their patients. The corpses came from New York, New Jersey and our own Keystone State. The roster of Philadelphians runs to 244.
Five Philly hospitals and a total of 41 across all of Pennsylvania implanted the supposedly unsanitary parts provided by Biomedical Tissue Services, the rogue undertakers’ outfit. Bodies allegedly sat for days --- one for 113 hours --- without benefit of refrigeration, before being “harvested.” Fifteen hours after death is the outer limit set by legitimate medical protocols. The grand jury’s report comments that the three, who made nearly $4 million in little more than a year and half, “took businesses normally associated with compassion and caring and perverted them into something ghoulish, greedy, dangerous, and criminal.”
Like Frankenstein’s experiment, this enterprise has ended badly. These boys are bound for long jail terms and heavy fines, not to mention civil suits that will strip them of any ill-gotten gains their defense attorneys fail to gobble up.
At least they are likely to survive their criminal justice gauntlet. Mary Shelley sent her protagonist to a more grisly fate. After being rejected as too abhorrent to be loved, the monster takes his revenge, killing Dr. F.’s bride on their wedding night and wiping out the rest of his family. With little left to lose, Frankenstein pursues the monster all the way to the Arctic, where whalers find the hapless doctor.
Frankie’s last words to the whaling captain, before leaping onto an ice floe and drifting into the darkness, are, “Soon these burning miseries will be extinct. I shall ascend my funeral pile triumphantly and exult in the agony of the torturing flames.”
I doubt the three Philly funeral directors feel such remorse. Where’s that ice floe?
Jim Castagnera, formerly of Jim Thorpe, is the Associate Provost/Associate Counsel at Rider University and co-author of a new novel about the Molly Maguires available at www.lulu.com.


October 6, 2007 | Permalink | Comments (0) | TrackBack

October 5, 2007

IRS's new Form 990...

... gets mixed reviews from affected charities.Chronicle of Philanthropy

October 5, 2007 | Permalink | Comments (0) | TrackBack

To Congress's credit...

... predatory credit-card pracices are coming under legislative scrutiny. Editorial predicts alumni credit-card deals may be affected.New York Times

October 5, 2007 | Permalink | Comments (0) | TrackBack

The Founders didn't know about auditing classes

Riemers v. State ex rel. University of North Dakota, (N.D.App.)
westlaw.com/find/default.wl&serialnum=2012961467&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
September 28, 2007: Civil Rights - State university and American Bar
Association (ABA) policies conferred no legal right on the plaintiff to
audit law school classes at the university. Therefore, the plaintiff was
not entitled to injunctive relief on his right-to- audit claim, in his
action seeking to require the university to allow him to audit law
school classes and to prevent the university from limiting free speech
activities on campus. The court remanded the plaintiff's free speech
claim, however, which related to the plaintiff's gathering of petition
signatures on campus. The lower court should have treated the
university's dismissal motion as one for summary judgment in light of an
affidavit filed by the plaintiff.

October 5, 2007 | Permalink | Comments (0) | TrackBack

His views got people hot

UVa Prof. Patrick J. Michaels, a skeptic about global warming,Wikipediasays his speech was stifled.Chronicle of Higher Ed

October 5, 2007 | Permalink | Comments (0) | TrackBack

Student's F-Bob (below) was nothing...

... compared to this blast at Mr. Bush."Bush Pilot" video

October 5, 2007 | Permalink | Comments (0) | TrackBack

Dropping the F-Bomb...

... in an editorial gets student-newspaper journalist a mere slap on the wrist... even though the bomb was dropped on President Bush.Denver Post

October 5, 2007 | Permalink | Comments (0) | TrackBack

Big whoops...

University of California is fined $450,000 by the fed for mishandling an anthrax shipment from Lawrence Livermore Lab.Chronicle of Higher Ed

October 5, 2007 | Permalink | Comments (0) | TrackBack

October 4, 2007

What's in a name?

Well, maybe a lawsuit. That's the fear of U. Maryland lawyers who put a stop to rape-awareness-day planners' notion of putting the names of assailants on t-shirts this year.Baltimore Sun

October 4, 2007 | Permalink | Comments (0) | TrackBack

What's wrong with a gentlemanly 'C' anyway?

I've heard of doctor-wanna-be's who became dentists or morticians. But here's an attorney wanna-be who's helping clog the federal courts with his complaint that he deserves an 'A-' instead of a 'C.' Does he need to get a life or what? And what about the school... doesn't it have a grade appeal process? This one has me scratching both sides of my head.Boston Globe

October 4, 2007 | Permalink | Comments (0) | TrackBack

Ask an expert...

In case you missed it when it first came out, here's the Newsweek/MSNBC interview with one campus shooter about the motivations of another.Newsweek/MSNBC

October 4, 2007 | Permalink | Comments (0) | TrackBack

Who gets to speak, who doesn't?

While the Iranian leader made headlines at Columbia, a college in Minnesota declined an opportunity to have Archbishop Tutu speak, citing past anti-semitic remarks. Go figure...Chronicle of Higher Ed

October 4, 2007 | Permalink | Comments (0) | TrackBack

October 2, 2007

Speaking of intellectual property law...

Duke University IP law review

October 2, 2007 | Permalink | Comments (0) | TrackBack

Musical Mom faces $2 Million Liability Trial

Downloading 2000 songs could be a big mistake.
Chronicle of Higher Ed

October 2, 2007 | Permalink | Comments (0) | TrackBack

Degrees to be revoked in Africa?

This from the Chronicle of Higher Ed:

Investigation Uncovers Admissions Scandal at Prestigious University in Uganda

By WACHIRA KIGOTHO

Nairobi, Kenya
Makerere University, in Uganda, one of the most prestigious universities in Africa, may revoke more than 200 degrees awarded in the past four years after an internal investigation discovered that the students had been enrolled without any evidence that they had met admissions criteria.

Lillian Tibatemwa-Ekirikubinza, deputy vice chancellor for academic affairs, told The New Vision, Uganda's leading newspaper, that the university senate will make the final decision on whether the degrees should be revoked. "The matter is urgent and needs to be resolved quickly," Ms. Tibatemwa-Ekirikubinza said during the university's graduation ceremony last week.

October 2, 2007 | Permalink | Comments (0) | TrackBack

October 1, 2007

Higher education and Islamic law

A major theme of "THe Kingdom" (see my review below) is the incompatability of Western and Islamic cultures, societies and legal systems, as a team of FBI agents struggle to conduct a forensic investigation of a terrorist bomb attack based on the real 2003 attack upon the Western compound in Ryahd. How does higher education, which is growing in the Arab world (see the other postings and links below) square with Islamic law? Here's one blogger's comments on general matters of law and learning in the Muslim world:

This page gives the guidance for understanding the matters of education & law in accordance with Islam.
Education & Learning
In this writing, I am trying to put forward the Islamic view regarding Education and the Islamic Law-code by which the criminals must be judged. These subjects have a great part to play in practice in today's world yet in my opinion, the due attention they must get is not being given to them. I present my humble effort here with total regards to the Islamic Teachings (for which I have quoted Ayaat from Holy Quran and Ahadees from Sahih Bukhari Sharif in the end of this Writing) and hope that further works would be forwarded by my colleagues and the learned persons in Islam on these same topics. From the Islamic viewpoint, we must see who is the person teaching and what subjects are being taught (Subject and Object) as when we claim to be Muslims, we must give respect to this claim. Islam is a complete code of life and as such, it also guides us regarding education. It is said and said rightly that it is compulsory for every person, male or female, to gather knowledge from birth to death. However, the teaching of Islam must always be taken into account for whatever a Muslim person does.
UPON EDUCATION
Knowledge, as all gifts of Allah, must be used for the betterment of human beings in accordance with the teachings of Islam. Today, it is seen that knowledge is mostly used and imparted for worldly benefits. Although the present education set-up may be adopted giving it an Islamic touch here & there yet I would take the opportunity to comment upon an additional set up for education that in my view is much in accordance with Islam and its moral teachings. The basic points for this set-up is that it is better to start educating children at age 6 and before that education at home is quite enough; Education maybe given in 3 phases where every phase maybe of 3 years, imparted only at day time whether public or private; at this set-up, admission for the first phase must take place at age 6 to 9, for the second phase at the age 9 to 12 while for the third phase at the age 12 to 15. The education hours may remain 3 continuous hours daily preferably from 8 a.m. to 11 a.m.; all study must remain somehow connected with the study of man and must develop love of Allah inside the child. Therefore General Knowledge, History & Geography, Medicine, Law of the Islamic country, Army education, Economics and above all the study of the Islamic teachings would be given a special attention; males only must be educated at the third phase and they must be taught by male teachers while at the period of second phase male & female students must be educated separately with male teachers for males and female teachers for females while at the first phase, both male & female children may be educated together though teachers there must only be female indeed; moreover, in this Official Educational set-up, there must be no examination taken and no beatings must be given to children in the good name of education.
Respectable Sheikh Bin Baz responded when asked that why do the respectable ULEMA usually do not give separate & specific time to womenfolk teaching them religious matters as the Holy Prophet Muhammad PBUH used to do, "There is no doubt that such was the practice of the Messenger of Allah (peace be upon him), as well as the scholars. Indeed, I myself have done that here on a number of occasions as well as in Makkah, Taif and Jeddah. I have no problem with setting apart a specific time for women in any locale if they want that from me. That is also the position of my scholar colleagues". In response to another question he said "Our boys must be left to be taught by men at all levels of instruction. Similarly, the girls must be left to be taught by female teachers at all levels of instruction. This will preserve our religion, our boys and our girls. It will be sufficient for us for our respected female teachers to fulfill their responsibilities to the best of their abilities with purity, sincerity and patience in teaching our girls. And the men must also fulfill their responsibilities with purity, sincerity and patience in teaching our boys at every level. It is also well-known that a man has more patience and is stronger in teaching boys and he can give him more teachings in every level of schooling. It is well-known that the boys, in the primary and higher levels of education, respect and esteem their male teacher. They will be more willing to submit and accept what he says. If the women were teaching them at those different levels, they would not have the characteristics, patience and strength with them that men have. It has been authentically narrated from the Prophet (peace be upon him) that he said, Order your children to pray at the age of seven. And beat them [lightly] if they do not do so by the age of ten. And separate them in their bedding. This hadith points out what we have been saying about the dangers of mixing boys and girls at all levels of instruction. The evidence for that from the Quran, sunnah and the experience of the ummah today are many but I do not wish to mention them all here in order to be brief". These responses of one of the greatest Ulema of our times clarify indeed that even in education a Muslim must care about the teachings of Hijab. Janab Abul-Ala Maududi had written about medical training some 50 years ago that it is very hard for him to say that female students may be taught by male professors. He had asked at that time to pave some way to end this practice totally but no attention was given then neither any body feels to take the matter seriously at the present time. Moreover, I would also comment that most orthodox respectable Ulema I know in Pakistan (in them a few are well-known and highly respected locally) clearly reply to the question of education of adult females by males as is imparted today, "totally against Islam". I am sure that in an Islamic Society, this approach is totally correct but keeping in view that Islam has a very positive approach to knowledge & education and also giving allowance to the situation we face today that Muslims are in need of an amazingly high educational level, we must try to make a set-up where the education of all subjects useful not only to men but to womenfolk too, may be imparted to them even if males teach them in this situation though of course that would not be possible without a few strict Islamic conditions. Now this matter is very important due to its direct link with the practical side of the lives of Muslims yet I feel that it is not given due attention. It is a fact that a woman also has the liability to learn all subjects that may broaden her mind as much as she can as a Muslim but there are a few necessary limits that she must take into account for sure. I have tried my best at this place to give a few points on female education by males keeping the Islamic teachings in view so that a clear Islamic Stance is known conveniently in this regard and may be practiced with total ease by all those who really respect Islam and want it represented in their lives totally & practically, without compromising on the Moral Teachings of Islam.
-a- The Teacher must be an Adult, Understanding Muslim at least 40 years of age, equipped with Faith, Knowledge & Practice of Islam. -b- The Teacher must assign to his female students a time other than the time of male students as co-education or mixed working is not allowed in Islam. -c- The Teacher must be able to influence the female students by his high understanding & care for Islamic morals in a practical sense so that they may themselves be able to give a great respect to Fineness, Intelligence & Morality. Moreover, he must also be a little strict with his female students. -d- The Teacher may teach both Muslim & non-Muslim females in an Un-Islamic Society but in an Islamic Society whereas education to Non-Muslim ladies may be imparted in this same manner, education to the Muslim ladies by males must either be avoided or imparted in strict Hijab. However, avoidance is better and they must be taught by their immediate relatives (Mahrum) in the Islamic Society. -e- The Teacher must teach at least a couple of female students together and not teach any one alone except where no option is available (but if that situation occurs, that must certainly remain just for a brief span of time). -f- The Teacher must choose to teach or accept to teach subjects where he may not have to compromise on Islamic Morals & Teachings. -g- The Teacher must individually teach his female students. That means he must have a full command to influence them and must not be working under any authority. -h- The Teacher must teach his female students at a place and time which must be in the knowledge of people though they may not disturb the education process. -i- The Teacher must guide the female students in a delicate way as to how to deal with today's world, keeping Islamic teachings in view. By these foregoing remarks, it is clear that the way the teaching is imparted today with male teachers working in coalition with female teachers without caring about Islamic Morals in schools in someone else's authority, is not the right thing keeping Islamic teachings in view. As we go on giving importance to this topic, I am sure we would be able to find ways to apply the Islamic Teachings totally in the field fo education which would in turn affect our matters of life so beautifully that we would be able to put Islamic Teachings in all our practical life Insha-Allah. Now, let us study a few important points regading the Islamic Law and Justice.
THE ISLAMIC LAW
For the sake of understanding the system of law in the Islamic Society, I am writing these points to clarify the Criminal Penal Code to be applied at the same. I have tried my best to write these points keeping the Islamic teachings in view which I have been studying since many years now and therefore these points are written with total care to give the idea of the Islamic Law and the Justice based upon it and so as to make the application of the same totally convenient.
Let us begin by advising that one Police Head Quarter must register the total cases -FIR- in a specific High-Court area with many police quarters in it, clearly denoting to which court should it be taken and at what time in the near future. I am sure that it is totally well, seeing the Islamic teachings, to let the City courts, High courts and the Supreme court provide justice by the Islamic Law in an Islamic Society so we do not have to consider changing the set up for the provision of justice. The family quarrels (i.e. about matters between men and their wives about decision of divorce, children's custody, beatings given to spouse, division of finance etc. of such family nature) must be dealt by the good faith and upon solid traditions of Islam and immediate relatives or guardians of both sides must try to achieve an agreement among themselves without going to courts. EHSAN must be the keyword here as in all matters between a man & his wife. City courts should be divided into two sections - A & B - which will deal with (A) Taziraat (except Finance) and (B) with financial cases (including the cases of Land & Property) respectively. The term "Taziraat" include all the crimes related to all matters which may not be included in HUDOOD or QISAS & DIYAT. The High court will have three sections A & B & C. Section A for HUDOOD cases (the definition of Hudood would be found ahead in this writing and this term includes 5 great sins which have among them adultery & accusing someone of adultery), section B for appeals against the city court's decisions and section C for QISAS & DIYAT (this includes murder or attempted murder where the victim is wounded severely). The judges here must always keep their important position in view so as to avoid errors. Jails must remain institutions where the prisoners will be kept maximum for 4 months in punishment or in waiting. This means that there will be two kinds of those prisoners. One of these will be those who are jailed as punishment by the city court and other will be those who are taken into custody in high court's cases of Hudood and Qisas & Diyat. However, no woman & no child should be jailed, though the charge may be of murder or of adultery. In Qisas & Diyat, women may be ordered to be restricted to their homes during the hearing but even then no police must be appointed to keep check. When the charge against them is established and court gives its decision, they will be given the assigned punishment. They must not be interrogated by male police and also not without relatives and in fact should only be questioned at their own houses by the women in police, if necessary. The respect of women & children must always remain in view. Men can only be jailed putting them into police custody for high court A or C charges (but not as punishment in these cases) and that also for 4 months excluding the appeal period and in these 4 months, the verdict of the court must be reached in these cases. The punishment for these cases would be only those which are specified by Islam in these cases. Men can also be jailed, if found appropriate, as punishment ordered by the City court for 4 months maximum, trial period included. The city court must decide for every charge in one month time though of part A or of part B. Treatment of the accused must be as "not guilty", for the punishment can not commence before the verdict. Women's and children's testimony will not be accepted in HUDOOD and QISAS & DIYAT. However, the testimony of a raped woman will be accepted and her check-up if necessary, will only be conducted by women just like her interrogation, which will also be conducted by women if necessary. We must try to bring the Islamic Society at that standard where there remains no need for lawyers and everybody may defend himself or give evidence in his case himself. The matter simply put can be more clear for the sake of justice rather than put in a complicated way, searching for the loop holes in the Law, so that the true position of the case may not be disclosed. Emphasis must be at what is readily understandable and meanings must not be derived through the mind's pressure. In other words, law must not obstruct justice and if it becomes an hindrance to the justice, we must leave the law and care for the justice. Everybody must take care that crimes are totally eliminated from the Society specially murder & rape should not be present at all, indeed. HIJAB must be given a special attention to keep all kinds of shamelessness away from the Islamic society. In the Islamic society, it seems to me that Supreme Court must only remain as a court for appeal where an appeal can be filed against a decision in 2 weeks' period and it will only be a single court for the whole country. It will hear the appeals against the High Courts' decisions in A or C cases. The decision for these cases will be reached and presented in 2 weeks' time. The verdict of the High Court in the B cases must be considered as final. The Supreme Court may reject the appeal or accept it, asking the High court to review its verdict, highlighting the areas where more concentration must be applied. The appeal must be registered right at the Supreme Court by the affected party himself/herself or through his/her appointed person. Note here that Supreme Court will not give its own verdict and can send the appeal back to the concerned High court only two times. After that the decision of the High court will be final. Abuse of power and administrative wrongs will go to the city court, which may be deemed appropriate. The intensity of the crime of Taziraat does not necessarily make it liable to enter into the High Court and it is the appropriate channel where the case will go. It is for the judge/s to consider how to deal with the case keeping strictly in his/their limits. For any decision proven wrong through the appeal in the Supreme Court, pardon should be asked and material benefits should be given to the affected one. The Administration can file a case if it finds that a person is not paying his taxes though it is better that a mutual understanding is achieved outside the court for such claims. Please note that taxes will be paid by the persons by their own books of accounts and good faith among each other must remain a Keyword in the Islamic Society. In the cases of adultery and wrongly accusing someone of adultery (QAZF), 4 eye witnesses are said to be necessary. However, the testimony of a raped woman must also be given weight against the accused person. The matters of Hudood and Qisas & Diyat must never be dealt with as Taziraat under any circumstance as the accused in such a case must be found guilty or not guilty and must get the punishment accordingly. Once a person is found guilty in adultery or QAZF, he must be given the same punishment which is ordered by Allah indeed. For all matters of Qisas & Diyat, and of Hudood, punishments are specified by Allah in Quran (and I have quoted the Ayaat in this writing for your view) and therefore only those must be put into the verdict where the case is proven. In the crimes of Qisas & Diyat, the punishment of murder is that the killer will also be killed. However, the immediate relatives of the murdered person may leave the killer alive after taking a sum of money (Diyat) or without taking any amount from the killer. The punishment of injuries are same kind of injuries to the person responsible and the punishment of cutting or making any part of the body of a person useless in its function, is that the same part of the person responsible will be cut or made useless except when the affected person shows mercy to the wrong doer and forgives him after taking Diyat or even leaving the Diyat too on the grounds of humanity. In the crimes of Hudood, there are 5 things and their punishments have been specified in Islam. -1- BURGLARY -2- DACOITY -3- ADULTERY -4- WRONGLY ACCUSING SOMEONE OF ADULTERY (QAZF) -5- BEING A DRUNK. The hands of the burglars must be cut (though for a burglary of great valuables and the crime must not have been committed because of hunger and thirst or any basic human necessity). The dacoits will be killed or will be crucified or one of their hands and one of their legs (opposite sides) will be cut or they will be ordered to leave the land. The persons involved in adultery will be given 100 lashes each in public if they were not married but if they were married and their respective spouses were with them when the crime was committed, their punishment is that they may be shot in public as the bullets of guns have been given the same value in Islamic teachings as stones (mind it that the verdict against these criminals is stoning to death), the persons wrongly accusing someone of Adultery will be punished in public by 80 lashes and one who is used to drinking will also be punished by 80 lashes in public. With all said here for justice, let us always remember that the Holy Book Quran-e-Majeed, Ahadees-e-Mubaraka and Ijma-e-Ummat must always be kept in view as these clearly show the commands of Allah and as such are the base of the Islamic Society and the Islamic Law. Every matter must be decided strictly according to these three. Here, I present a few Ayaat (translation by Yousuf Ali) & Ahadees (all from Sahih Bukhari Sharif) related to Hijab, Learning & Law-code for your view to understand these matters in a better way.

THE HOLY QURAN
From Sura Baqara
178. O ye who believe! the law of equality is prescribed to you in cases of murder; the free for the free the slave for the slave the woman for the woman. But if any remission is made by the brother of the slain then grant any reasonable demand and compensate him with handsome gratitude; this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty.
179. In the law of equality there is (saving of) life to you O ye men of understanding! that ye may restrain yourselves.
From Sura Mai'da
33. The punishment of those who wage war against Allah and His Apostle and strive with might and main for mischief through the land is: execution or crucifixion of the cutting off of hands and feet from opposite sides or exile from the land: that is their disgrace in this world and a heavy punishment is theirs in the Hereafter.
38. As to the thief male or female cut off his or her hands: a punishment by way of example from Allah for their crime: and Allah is Exalted in Power.
45. We ordained therein for them: "Life for life eye for eye nose for nose ear for ear tooth for tooth and wounds equal for equal." But if anyone remits the retaliation by way of charity it is an act of atonement for himself. And if any fail to judge by (the light of) what Allah hath revealed they are (no better than) wrong-doers.
From Sura Yousuf
24. And (with passion) did she desire him and he would have desired her but that he saw the evidence of his Lord: thus (did We order) that We might turn away from him (all) evil and shameful deeds: for he was one of Our servants sincere and purified.
53. "Nor do I absolve my own self (of blame): the (human soul) is certainly prone to evil unless my Lord do bestow His Mercy: but surely certainly my Lord is Oft-Forgiving Most Merciful."
(In the interpretation of this Ayat, I would say that this is what Zulekha said when it was clear that she had asked a great wrong from the great messenger Yousuf, Salam on him, i.e. Joseph and the Holy Quran quotes her words here to narrate that she had repented and also to clarify that matters of emotions are very hard to resist. Some people may bear much intensity while some succumb to only little pressure but everybody has a limit and only the attention of Allah the true Lord is able to save people from all wrongs that are related to emotions for the opposite sex if they have love for Him inside them).
From Sura Bani-Israel
32. Nor come nigh to adultery: for it is a shameful (deed) and an evil opening the road (to other evils).
(In this Ayat's interpretation, I would say that It is very interesting to note that the Holy Quran points out here and a few other place too that even nearing the wrongs that may be called "Shamelessness" is totally against Islam).
From Sura Noor
1. A Surah which We have sent down and which We have ordained: in it have We sent down Clear Signs in order that ye may receive admonition.
2. The woman and the man guilty of adultery or fornication flog each of them with a hundred stripes: let not compassion move you in their case in a matter prescribed by Allah if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment.
3. Let no man guilty of adultery or fornication marry any but a woman similarly guilty or an Unbeliever nor let any but such a man or an Unbeliever marry such a woman: to the Believers such a thing is forbidden.
4. And those who launch a charge against chaste women and produce not four witnesses (to support their allegation) flog them with eighty stripes: and reject their evidence ever after: for such men are wicked transgressors
5. Unless they repent thereafter and mend (their conduct): for Allah is Oft-Forgiving Most Merciful.
19. Those who love (to see) scandal published broadcast among the Believers will have a grievous Penalty in this life and in the Hereafter: Allah knows and ye know not.
20. Were it not for the grace and mercy of Allah on you and that Allah is full of kindness and mercy (ye would be ruined indeed).
21. O ye who believe! follow not Satan's footsteps: if any will follow the footsteps of Satan he will (but) command what is shameful and wrong: and were it not for the grace and mercy of Allah on you not one of you would ever have been pure: but Allah doth purify whom He pleases: and Allah is One Who hears and knows (all things).
31. And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands their fathers their husbands' fathers their sons their husbands' sons their brothers or their brothers' sons or their sisters' sons or their women or the slaves whom their right hands possess or male servants free of physical needs or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments. And O ye Believers! turn ye all together towards Allah that ye may attain Bliss.
From Sura Ankaboot
45. Recite what is sent of the Book by inspiration to thee and establish Regular Prayer: for Prayer restrains from shameful and unjust deeds; and remembrance of Allah is the greatest (thing in life) without doubt. And Allah knows the (deeds) that ye do.
From Sura Ahzab
53. O ye who Believe! enter not the Prophet's houses until leave is given you for a meal (and then) not (so early as) to wait for its preparation: but when ye are invited enter; and when ye have taken your meal disperse without seeking familiar talk. Such (behavior) annoys the Prophet: He is ashamed to dismiss you but Allah is not ashamed (to tell you) the truth. And when ye ask (his ladies) for anything ye want ask them from before a screen: that makes for greater purity for your hearts and for theirs. Nor is it right for you that ye should annoy Allah's Apostle or that ye should marry his widows after him at any time. Truly such a thing is in Allah's sight an enormity.
59. O prophet! tell thy wives and daughters and the believing women that they should cast their outer garments over their persons: that is most convenient that they should be known (as such) and not molested: and Allah is Oft-Forgiving Most Merciful
From Sura Najam
32. Those who avoid great sins and shameful deeds. Only (falling into) small faults verily thy Lord is ample in forgiveness. He knows you well when He brings you out of the earth and when ye are hidden in your mother's wombs therefore justify not yourselves. He knows best who it is that guards against evil.
From Sura Mumtahina
12. O Prophet! when believing women come to thee to take the oath of fealty to thee that they will not associate in worship any other thing whatever with Allah that they will not steal that they will not commit adultery (or fornication) that they will not kill their children that they will not utter slander intentionally forging falsehood and that they will not disobey thee in any just matter then do thou receive their fealty and pray to Allah for the forgiveness (of their sins): for Allah is Oft-Forgiving Most Merciful.

AHADEES-E-MUBARAKA
Narrated Uthman bin Affan: The Prophet said, "The most superior among you (Muslims) are those who learn the Qur'an and teach it."

Narrated Hudhaifa: Allah's Apostle said to us, "Honesty descended from the Heavens and settled in the roots of the hearts of men (faithful believers), and then the Quran was revealed and the people read the Quran, (and learnt it from it) and also learnt it from the Sunna." Both Quran and Sunna strengthened their (the faithful believers') honesty.

Narrated 'Abdullah bin 'Amr bin Al' As: I heard Allah's Apostle saying, "Allah does not take away the knowledge, by taking it away from (the hearts of) the people, but takes it away by the death of the religious learned men till when none of the (religious learned men) remains, people will take as their leaders ignorant persons who when consulted will give their verdict without knowledge. So they will go astray and will lead the people astray."

Narrated Ibn Abbas: That he heard the Prophet saying, "It is not permissible for a man to be alone with a woman, and no lady should travel except with a Muhram (i.e. her husband or a person whom she cannot marry in any case for ever; e.g. her father, brother, etc.)." Then a man got up and said, "O Allah's Apostle! I have enlisted in the army for such-and-such Ghazwa and my wife is proceeding for Hajj." Allah's Apostle said, "Go, and perform the Hajj with your wife."

E-Mail: saleemdada@yahoo.com

October 1, 2007 | Permalink | Comments (0) | TrackBack

Islamic universities spread to sub-Saharan Africa

Chronicle of Higher Education

October 1, 2007 | Permalink | Comments (0) | TrackBack

Higher Education in the Middle East

Links to major institutions

October 1, 2007 | Permalink | Comments (0) | TrackBack

My review of "The Kingdom"

The History Place

October 1, 2007 | Permalink | Comments (0) | TrackBack

September 30, 2007

Yahoo... catch us if you can!

Texas public universities are immune from suit for breach of settlement agreements with their ex-employees, says the Lone Star State's Supreme Court.Supreme Court Decision

September 30, 2007 | Permalink | Comments (0) | TrackBack

Thank heaven this guy wasn't another Cho

A freshman has been arrested in the Delaware State shooting of two other students, one of whom is in a coma and on life support. State police contradicted a university claim that the accused was under surveillance after his parents returned him to the campus recently. The suspect was questioned for three hours follwing the incident, then released.Newsday

September 30, 2007 | Permalink | Comments (0) | TrackBack

Duke's Preident apologised yesterday...

... for not showing more support to the LaCrosse players falsely accused of rape. Now stay tuned for the law suits and the best sellers.Fox News

September 30, 2007 | Permalink | Comments (0) | TrackBack