Offences Against Property (Enforcement of ‘Hudood’) Ordinance, (2) It extends to the whole of Pakistan. (3) It shall come into force on the. Pakistan’s notorious Hudood Ordinances were promulgated in by the military regime of General Ziaul Haq. The most controversial of. Hudood Ordinances refer to the legislation of penal laws in Pakistan entitled “ Enforcement of Hudood Ordinances VI, VII, VIII and IX” on 10 February
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Oridnance to override other Laws.
These laws created six distinct categories of sexual offences and assigned punishments for each: 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.
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. It shall come into force on the twelfth day of Rabi-ul-Awwal, Hijri, that is, the tenth day of February, Penetration is sufficient to constitute the sexual intercourse necessary to the offence of Zina.
Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains posession of a female shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.
The provision of sub-section 3 of section or section of the Code shall not apply in respect of the punishment of whipping awarded under this Ordinance. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit with him in that belief, shall be punished with rigorous imprisonment for a term which may extend to twenty-five years and with whipping not exceeding thirty stripes, and shall also be liable to fine.
This article is part of a series about Muhammad Zia-ul-Haq. He does not argue with statements such as “eight out of every ten women in jail today are those charged with the offence hudoid Zina”.
Because of this stringent standard, no accused has ever been found guilty and stoned to death in Pakistan,   and laes have been awarded only under the Tazir provision of the Hudood Ordinance. In the case mentioned in sub-section 2the Court may award tazir on the basis of the evidence on record.
The hadd punishment given to such an adulterer was stoning to death while the penalty for a fornicator was public whipping of lashes.
Human rights groups and activists in Pakistan have also criticized the bill, with one group complaining: December 18, Report. Don’t mix sin with crime”. Under haddeyewitnesses evidence of the act of penetration by “at least four Muslim adult male witnesses”, about whom “the court is satisfied”, that “they are truthful persons and abstain from major sins kabair ” tazkiyah al-shuhood.
Views Read Edit View history. The Pakistani Constitution was re-instated insubject to substantial amendments, by Zia ul-Haq, only to be suspended again by the military government in October Zina bil Jabr 1 A person is said to laas 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: Now arises the question why is there so much insistence on abolishing the shari’a punishment for Zina bil Jabr?
Lawe 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. Enticing or taking away or detaining with criminal intent a woman Whoever takes or entices away any woman with intent that she may have illicit inter-course with any person, or conceals or detains with intent any woman, shall be punished with imprisonment of either description for a term which may extend to seven years and with whipping not exceeding thirty stripes, and shall also be liable to fine.
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. Because the promulgation of the Zina Ordinance entailed the abolition of Pakistan’s statutory rape law, girls as young as twelve have been prosecuted for yudood extra-marital intercourse under circumstances that would previously have mandated statutory rape charges against their assailant.
Pakistan’s previous rape laws, repealed by the Zina Ordinance, had defined rape as compulsory sexual intercourse.
The Offence of Zina (Enforcement Of Hudood) Ordinance,
However, in practice, these safeguards have not always worked. Women’s protection Bill a farce”. Convict shall be medically examined before flogging 199 determine if the flogging should be “applied in such manner and with such intervals” that it does not kill the offender being flogged.
Whoever is guilty of zina-bil-jabr liable hudoox hadd shall subject to the provisions of this Ordinance, – a. The reason for this is an extremely unjust propaganda which certain circles are busily spreading ever since the Hudood ordinance has been implemented.
Stoning to death has been introduced as a legal form of punishment for the “adultery of married persons” zina al-mohsena in Afghanistan, Iran, Nigeria about one-third of the 36 statesPakistan, Sudan, and the United Arab Emirates. Stories of suffering by women who claimed to have been raped appeared in the press in the years following the passing of the Hudood Ordinance stirring protests by Pakistani activists and lawyers and international human rights organizations.
Pakistan: Proposed Reforms to Hudood Laws Fall Short | Human Rights Watch
Punishment for Zina or zina-bil-jabr where convit is not an adult. Zina liable to hadd. The political party landscape remains wracked with judicial complications and ongoing accountability pressures.
Otherwise, the courts have no consistent standards of proof for rape. Retrieved 21 November Kidnapping or abducting in order to subject person to unnatural lust. Retrieved 29 January Both it and adultery became non-compoundable, non-bailable, and punishable at maximum by death.
A person guilty of zina or zina-bil-jabr shall, if he is not an adult, be punished wiht imprisonment of either lqws for a term whic may extend to five years, or with fine, or with both, and may also be awarded the punishment of whipping not exceeding thirty stripes: July 7, News Release. For example, a person charged under the Hudood Ordinances will now be able to post bail. KU workshop urges review of Hudood laws”.