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 The introduction of these laws resulted in the offences of rape and. 7. See Offences Against Property (Enforcement of Hudood) Ordinance () ( Pak.) (prohibiting theft); Prohibition (Enforcement of Hadd) Order () (Pak.).
Definitions In this Ordinance, unless there is anything repugnant hydood the subject of context: 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 llaw 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.
Both it and adultery became non-compoundable, non-bailable, and punishable at maximum by death. Since the crime of statutory rape was also eliminated, minor girls may also be charged with engaging in illicit sex if hduood have reached puberty.
Views Read Edit View history. It shall come into force on the twelfth day of Rabi-ul-Awwal, Hijri, that is, the tenth day of February, December 22, News Release.
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 status and, in some circumstances, lw their testimony to half the weight of a man’s. Both of these were later overturned by the Supreme Court. A number of international and Pakistani human rights organizations argue that Hudood Ordinance goes beyond what is required by sharia.
Whoever buys, hires or otherwise obtains possession of any person with intent that such person shall at any time be 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 hudodo 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. This article is part of a series about Muhammad Zia-ul-Haq.
Part of Pakistan’s Islamization. The New York Times.
Provided that, if the accused is a non-Muslim, the eye-witnesses may be non-Muslims. Zafran had confessed to her crime. Your tax deductible gift can help stop human rights violations and save lives around the world. The provision of the Code relating to the confirmation of the sentence of death shall apply, mutatis mutandisto confirmation of sentences under this Ordinance. Further Zina offenses are or as of were . Webarchive template wayback links Articles with short description Articles containing potentially dated statements from November All articles containing potentially dated statements.
He does not argue with statements such as “eight out of every ten women in jail today are those charged with the offence of Zina”. Furthermore, he said, in accusing her brother-in-law of raping her, Ms. KU workshop urges review of Hudood laws”. Application of certain provisions of Pakistan Penal Code, and amendment. The ordinances follow the classical mainly Hanafi jurisprudence doctrine. The reforms have come under considerable opposition from Islamist groups in Pakistan, who insist that law should stay following the sharia.
Updated December 30, Prisoner accord If Pakistan hopes to bring back to own prisons people sentenced abroad, it is even more reason to reform jail system. Whoever commits zina liable to tazir shall be punished with rigorous imprisonment for a term which may extend to ten years and with whipping numbering thirty stripes, and shall also be liable to fine. Kidnapping, abducitng or inducing women to compel for marriage etc.
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.
ONE has to look harder and harder to discern the economic message and direction of the government. The zina provisions of the law were particularly controversial  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.
If anyone says that she was punished because of Qazaf false accusation of rape then Qazaf Ordinance, Clause no.
Pakistan: Proposed Reforms to Hudood Laws Fall Short
Bythere were The Hudood Ordinances are fundamentally flawed and must be repealed in their entirety. Under the ordinances, tazir punishments often involve flogging. 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 may not be enforced under this Ordinance, shall be liable to tazir.
It was restored in stages between November and Marchand although it contains provisions guaranteeing equality before law and prohibiting discrimination on the basis of sex alone, the Hudood Ordinances have been permitted to co-exist.
Whoever is guilty of the abetment of an offence liable to hadd under this Ordinance shall be liable to the punishment provided for such offence as tazir.
The appeal judgment of the Federal Shariah Court cleared the girl of the accusation of zina. However, if the evidence requirement for zina liable to hadd is not met but the crime is proven beyond a reasonable doubt then the tazir punishment of imprisonment for up to ten years can be given.
Retrieved 21 November No punishment under sub-section 2 shall be executed until it has been confirmed by the Court to which an appeal from the order of conviction lies; and if the punishment be of whipping; until it is confirmed and executed, the convict shall be dealt with in the same manner as if sentenced to simple imprisonment.
The Offence of Zina (Enforcement Of Hudood) Ordinance,
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.
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will 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 of 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 another person shall also be punishable as aforesaid.
The Denial of Juvenile Justice in Pakistan. December 24, Dispatches. Inauguration ceremony of Mohmand dam postponed. December 31, Economic direction?
Don’t mix sin with crime”. Retrieved 18 November Islamism in South Asia.
Hadd offences fixed punishment require a higher standard of proof than tazir discretionary punishment and their punishments are more severe. 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. Penetration is sufficient to 19979 the sexual intercourse necessary to the offence of Zina.