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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Webarchive template wayback links Articles with short description Articles containing potentially dated statements from November All articles containing potentially dated statements. 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. 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.
Kidnapping or abducting in order to subject person to unnatural lust. One case was that of Safia Bibi, an unmarried blind woman from the northwest frontier who was prosecuted for zina because of her illegitimate pregnancy. Retrieved 29 January Kidnapping, abducitng or inducing women to compel for marriage etc. 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.
Rape, now referred to as zina-bil-jabr, was similarly made liable to either the hadd or the tazir penalty depending on the type of proof available. Get updates on human rights issues from around the globe. Kennedy states that “clearly the perception that Zia’s program significantly discriminated against women’s rights is fundamentally flawed”.
Application of Code of Criminal Procedure and amendment 1. Penetration is sufficient to constitute the sexual intercourse necessary to the offence of Zina. She goes through her period of iddat. December 22, News Release.
Pakistan: Proposed Reforms to Hudood Laws Fall Short
In addition, for the first time in Pakistan’s history, fornication non-marital sex became illegal. Application of certain provisions of Pakistan Penal Code, and amendment.
The laws rendered most sexual assault victims unable to seek redress through the criminal justice system, deeming them guilty of illegal sex rather than victims of unlawful violence or abuse. He does not argue with statements such hudiod “eight out of every ten women in jail today are those charged with the offence of Zina”.
It described the offence of false accusation of Zina fornication and adultery either written, verbal or “by visible representations”, lws intent to cause harm, and without producing four witnesses in support of the accusation before the Court, or who “according to the finding of the Court”, a witness has given false evidence of the commission of zina or rape, or when a complainant has made a false accusation of rape; .
Though this legislation does not redress all the problems introduced by the Hudood Ordinances, substantial changes have been made, which is a step in the right direction. Whoever is guilty of Zina liable to hadd shall, 9179 to the provisions of this Ordinance, – a.
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. huood
After a while the family arranges another match and she gets married. Now arises the hudpod why is there so much insistence on abolishing the shari’a punishment for Zina bil Jabr? Whoever is guilty of zina-bil-jabr liable to hadd shall subject to the provisions of this Ordinance, – a.
The Hudood Ordinances – Newspaper –
The Hudood Ordinances are fundamentally flawed and must be repealed in their entirety. 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.
As a result of these changes, rape was no longer covered by the standard penal code, but by the Offence of Zina Ordinance, a subcategory of the Enforcement of Hudood Ordinance of Statutory rape, previously defined as sex with or without the consent of a girl under the age of 14, was no longer a crime, meaning that girls could be charged for engaging in illicit sex if they had reached puberty.
Archived from the original on 29 November Retrieved 21 November According to Mufti Taqi Usmaniwho was instrumental in the creation of the ordinances:. In the Pakistan Penal Code, – gudood.
Lawx a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
A person guilty of zina or zina-bil-jabr shall, if he is not an adult, be punished wiht imprisonment of either description 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 hudokd It specifies that whips shall be made of leather, or a cane or a branch of a tree, be judood longer than 1.
Retrieved 19 November Whoever kidnaps or abducts any person in order laqs such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to the unnatural list of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with death or rigorous imprisonment for a term which may extend to twenty-five years, and shall also be liable to fine, and, if the punishment be one of imprisonment, shal also be awarded the punishment 19979 whipping not exceeding thirty stripes.