Pakistan’s notorious Hudood Ordinances were promulgated in by the military regime of General Ziaul Haq. The most controversial of. Coupled with the introduction of the Hudood Ordinances, the. Zia regime also introduced judicial reforms which restructured. Pakistan’s higher judiciary. “Legal Injustices: The Zina Hudood ordinance of Pakistan and its implications for women,” Journal of International Women’s Studies 7, no.
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However, some religious parties have called the bill Un-Islamic and by extension unconstitutional, however the Supreme Court of Pakistan has not overturned the Bill on the grounds that it violates the Islamic provisions in Pakistan’s constitution, hence stands to the present day.
It is to be noted that the offence of fornication as included in the PPC is defined almost identically as the tazir offence of zina and is punishable by imprisonment for up to five years and a fine. Whoever sells, lets to hire, or otherwise disposes of any person with intent that such person shall at any time by employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine.
Zina bil Jabr 1 A person is said to commit zina-bil-jabr if he or she has sexual inter-course with a woman or man, as the case may be, to whom he or she is not validly married, in any of the following circumstances, namely: Zina liable to hadd.
No court of law can be in its right mind to award such a punishment. Hudod Officer of Court to be Muslim. The law meant women would not be jailed if they were unable to prove rape, and allows rape to be proved on grounds hudoov than witnesses, such as forensics and DNA evidence.
However, in practice, these safeguards have not always worked. A complaint of adultery must be made to a judge with at least four witnesses testifying under oath that they witnessed the act of penetration. Provided that, in the case of zina-bil-jabr, if the offender is not under the age of fifteen years, the punishment of whipping shall be awarded with or without any other punishment.
December 18, News Release. The political party landscape remains wracked with judicial complications and ongoing accountability pressures.
Views Read Edit View history. Buying a person for purposes of prostitution, etc. If anyone says that she was punished because of Qazaf false accusation of rape then Qazaf Ordinance, Clause no.
From Wikipedia, the free encyclopedia. Women’s protection Bill a farce”. Retrieved 21 November An Ordinance to bring in conformity with the injunctions of Nudood the law relating to the Offence of Zina.
Kidnapping or abducting in order to subject person to unnatural lust. One case was that of Safia Bibi, an unmarried hudooe woman from the northwest frontier who was prosecuted for zina because of her illegitimate pregnancy. Kennedy states that “clearly the perception that Zia’s program significantly discriminated against women’s rights is fundamentally flawed”.
Hudood Ordinances – Wikipedia
Furthermore, he said, in accusing her brother-in-law of raping her, Ms. BOTH decision and timing are scarcely believable and will surely give more ammunition to ordinxnce quarters denouncing In the Pakistan Penal Code, – a. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she ordinanec be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit inter-course, or knowing it to be likely that she will be forced or seduced to illicit inter-course, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine; and whoever by means ordinacne criminal intimidation as defined in the Pakistan Penal Code, or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit inter-course with ordinsnce person shall also be punishable as aforesaid.
The most controversial of the four ordinances,  it has several distinct categories of sexual offences and assigned punishments for each:. The system provided for two kinds of offences — hadd and tazir — with different punishments to go with them. The hadd punishment given to such an adulterer was stoning to death while the penalty for a fornicator was public whipping of lashes. The Hudood Ordinances are fundamentally flawed and must be repealed in orrdinance entirety.
The Hudood Laws
Some of these countries have since repealed the law of stoning. Stoning to death has been introduced as a legal form of punishment for the “adultery of married persons” zina al-mohsena hudopd Afghanistan, Iran, Nigeria about one-third of the 36 statesPakistan, Sudan, and the United Arab Emirates.
The Women’s Protection Bill Urdu: This article is part of a series about Ordinancf Zia-ul-Haq. The most controversial of these are the two laws pertaining to sexual offences, i. This risk of imprisonment, it is contended, has kept many women from trying to bring their attackers to justice. The Bill remains controversial hjdood many liberals and moderates in Pakistan who argue it does not go far enough as stoning to death is still theoretically on a punishment, though not implemented by the courts, the liberals argue it should be removed entirely.
Pakistan: Proposed Reforms to Hudood Laws Fall Short
Retrieved from ” ordinacne By then they had spent many years in jail, were ostracized by their families, and had become social outcasts. The provision of sub-section 3 of section or huood of the Code shall not apply in respect of the punishment of whipping awarded under this Ordinance. Subject to the provisions of section 7, whoever commits zina or zina-bil-jabr which is not liable to haddor for which proof in either of the forms mentioned in section 8 is not available and the punishment of qazf liable to hadd has not been awarded to the complainant, or for which hadd hucood not be enforced under this Ordinance, shall be liable to tazir.
Dear reader, online ads enable us to deliver the journalism you value. These laws created six distinct categories of huxood offences and assigned punishments for each: When zina-bil-jabr liable to tazir is committed by two or more persons in furtherance of common intention of all each of such persons shall be punished with death.
Retrieved 18 November The New York Times. Short title, extent and commencement 1. After a while the family arranges another match and she gets married. Further Zina offenses are or as of were .