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. (1) This Ordinance may be called offence of. Zina (Enforcement of Hudood) Ordinance, (2)It extends to the whole of Pakistan. (3)It shall.
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Pakistan: Proposed Reforms to Hudood Laws Fall Short
The dimensions of human misery Zafran had confessed to her crime. Human Rights Watch urges President General Pervez Musharraf and members of the National Assembly to implement the recommendation and reject the current proposed amendments. Penetration is sufficient to constitute the sexual intercourse necessary to the offence of Zina. 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.
Under haddeyewitnesses evidence of the act of penetration by “at least ordinanec Muslim adult male witnesses”, about whom “the court is satisfied”, that “they are truthful persons and abstain from major sins kabair ” tazkiyah al-shuhood.
Zina or zina-bil-jabr liable to tazir. 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.
Zina bil Jabr 1. December 13, Dispatches.
The Offence of Zina (Enforcement Of Hudood) Ordinance,
Currently, the only guaranteed way to obtain a rape conviction is if the judood confesses or there are four adult male witnesses to the act of penetration. It specifies that whips shall be made of leather, or a cane or a branch of a tree, be no longer than 1. According to Mufti Taqi Usmaniwho was instrumental in the creation of the ordinances:.
The hadd punishment given to such an adulterer was stoning to death while the penalty for a fornicator was public whipping of lashes. The New York Times.
The Hudood Ordinances – Newspaper –
Provided further that a trial by a Court of Session under this Ordinance shall ordinarily be held at the headquarters of the Tehsil in which the offence is alleged to have oddinance committed.
Saving Nothing in this Ordinance shall be deemed to apply to the cases pending before any Court immediately before the commencement of this Ordinance, or to offences committed before such commencement. 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. Both it and adultery became non-compoundable, non-bailable, and punishable at maximum by death. Human rights huxood Sadakat Kadri replies that “Kennedy reached that mistaken view” because he compared male and ordinancee “conviction statistics as though they were alike, ignoring the fact that most men would have been rapists, whereas the women would all have been rape victims or alleged consenting adulterers.
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. The reason for this is an extremely unjust propaganda which certain circles are busily spreading ever since the Hudood ordinance has been implemented.
Marital rape, too, was no longer considered a crime. The evidence of guilt was there for all to see: The Hudood Ordinances are fundamentally flawed and must be repealed in their entirety. The provisions of sectionsectionsection A or section B of the Code shall not apply to the cognizance of an offence punishable under section 15 or section 16 of this Ordinance.
For the purposes of this section and section 14 “illicit intercourse” means sexual inter-course between persons not united by marriage. Cheema, Cases and Controversies: Retrieved from ” https: Provided that, if the accused is a non-Muslim, the eye-witnesses may be non-Muslims. Under the ordinances, tazir punishments often involve flogging.
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. Flogging may be postponed if the offender is ill, pregnant, or if the weather is too cold, etc.
Skip to main content. Whoever commits zina liable to tazir shall be punished with rigorous imprisonment for a term which may extend to ten years 9179 with whipping numbering thirty stripes, and shall also be liable to fine. Hadd offences fixed punishment huxood a higher standard of proof than tazir discretionary punishment and their punishments are more severe. The reforms have come under considerable opposition from Islamist groups in Pakistan, who insist that law should stay following the sharia.
Oridnance to override other Laws.
December 24, Dispatches. Prohibited sexual activities, including rape zina bil jabrbecame religious offenses, subject to different evidentiary standards and punishment and the appellate jurisdiction of Islamic higher courts. BOTH decision and timing are scarcely believable and will surely give more ammunition to those quarters denouncing When 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 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: Retrieved 21 November Inthen President Pervez Musharraf again proposed reform of the ordinance. Further Zina offenses are or as of were .