HUDOOD ORDINANCE PDF

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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The Act has now deleted zina bil jabbar from the Zina Hudood Ordinance [17] and inserted sections and for Rape and Punishment respectively in the Pakistan Penal Code to replace it. For the purposes of this section and section 14 “illicit intercourse” means sexual inter-course between persons not united by marriage. Penetration is sufficient to ordinace the sexual inter-course necessary to the offence of zina-bil-jabr.

The zina provisions of the law were particularly controversial [5] and critics alleged that there were “hundreds of incidents where a woman subjected to rape, or even gang rape, was eventually accused of zina ” and incarcerated. He then introduced a series of laws that codified women’s status as subordinate in law, including the Hudood Ordinances and the Qanun-e-Shahadat Order Law of Evidence Orderwhich relegated women to inferior legal hudodo and, in some circumstances, rendered their testimony to half the weight of a man’s.

The system provided for two kinds of offences — hadd and tazir — with different punishments to go with them. Crime and Punishment in Islamic Law: Trio accused in JIT report reject findings, claim innocence. December 24, Dispatches. Qazf does not require such strong evidence. KU workshop urges review of Hudood laws”.

Hudood Laws

Worse, in actual practice, the vast majority of accused women were found guilty by the trial court only to be acquitted on appeal to the Federal Shariat Court. In addition, for the first time in Pakistan’s history, fornication non-marital sex became illegal. Another scenario for some of the accusations of adultery leading to imprisonment was following divorce by the husband and remarriage by the ex-wife.

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Furthermore, in addition to other problems created by these laws, their judicial application also made it easier to get away with crimes against women such as honour killings and general degradation and humiliation of women in society.

Women’s Protection Bill – Wikipedia

Thumping a fat red statute book, the white-bearded judge who convicted her, Anwar Ali Khan, said he had simply followed the letter of the Qur’an-based law, known as hudood, that mandates punishments. This article is part of a series about Muhammad Zia-ul-Haq.

Inauguration ceremony of Mohmand dam postponed. Punishment for Zina or zina-bil-jabr where convit is not an adult.

Hudood Ordinances

Updated December 30, Pressure on the press A government-controlled body to run the affairs of newspapers is not in sync with the modern concepts of rule. Don’t mix sin with crime”.

A person ordinsnce 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: Islamism in South Asia. Some of these countries have since repealed the orddinance of stoning.

Inbefore the ordinances went into effect there were 70 women held in Pakistani prisons. Most Shared December 14, Dispatches. In the two and a half decades the law was unchanged, several Pakistani government appointed commissions recommended the Zina Ordinance’s repeal such as the National Commission for the Status of Women inthe Special Committee to Review the Hudood Ordinances,Commission of Inquiry for Women.

Zina-bil-jabr is zina-bil-jabr liable to hadd if it is committed in the committed in the circumstances specified in sub-section 1 of section 5. The bill was ratified by the Senate on 23 November[54] and became law after President Hudoo signed it on 1 December By using this site, you agree to the Terms of Use and Privacy Policy. Now arises the question why is there so much insistence on abolishing the shari’a punishment for Zina bil Jabr?

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However, in practice, these safeguards have not always worked. Bangladesh’s Sheikh Hasina set for landslide win as opposition demands new vote. The government has called the legislation “historic” and says that it does not go against the tenets of Islam.

The Hudood Laws

Dear reader, please upgrade to the latest version of IE to have a better reading experience. Zina is zina liable to hadd if- a.

This page was last edited on 27 Decemberordinancs From Wikipedia, the free encyclopedia. Currently, the only guaranteed way to obtain a rape conviction is if the accused confesses or there are four adult male witnesses to the act of penetration. Retrieved 18 November Skip to main content. Failure to find such proof of the rape may place her at risk of prosecution for another hudood ordinance, qazf for accusing an innocent man of adultery.

Statutory rape, previously defined as sex with or without the consent of a girl under the age hudoov 14, was no longer a crime, meaning that girls could be charged for engaging in illicit sex if they had reached puberty.

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. Under the changes, adultery and non-marital consensual sex is still an offence but now judges would be allowed to try rape cases in criminal rather than Islamic courts.