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.
|Published (Last):||16 September 2018|
|PDF File Size:||5.46 Mb|
|ePub File Size:||9.42 Mb|
|Price:||Free* [*Free Regsitration Required]|
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. 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 been committed. Short title, extent and commencement 1. Retrieved 21 November This risk of imprisonment, it is contended, has kept many women from trying to bring their attackers to justice.
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. 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. 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 hudoo 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.
For the purposes of this section and section 14 “illicit intercourse” means sexual inter-course between persons not united by marriage. ONE has to look harder and harder to discern ordunance economic message and direction of the government. 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 The law meant women would not be jailed if they were unable to prove rape, and allows rape to be proved on grounds other than witnesses, such as forensics and DNA evidence.
From Wikipedia, the free encyclopedia. Because the promulgation of the Zina Ordinance entailed the huddood of Pakistan’s statutory rape law, girls as young as twelve have been prosecuted for having hudodo intercourse under circumstances that would previously have mandated statutory rape charges against their assailant.
Islamism in South Asia. Since the crime of statutory rape was also eliminated, minor girls may also be charged with engaging in illicit sex if they have reached puberty. No case to be converted, lodged or registered under certain provisions: Whoever kidnaps or abducts any person in order that 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 of whipping not exceeding thirty stripes.
The Presiding Officer of the Court by which a case is tried, or an appeal is heard, under this Ordinance shall be a Muslim: It replaced parts of the British-era Pakistan Penal Codeadding new criminal offences of adultery and fornicationand new punishments of whippingamputationand stoning to death.
The Bill removes the right of police to detain people suspected of having sex outside of marriage, instead requiring a formal accusation in court.
Retrieved 18 November July 7, News Release. 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. On the other hand, the bill has been fiercely criticised by Islamist groups in Pakistan,  and religious parties boycotted the parliamentary vote on the bill on the basis that it was inaugurating an era of “free sex.
Provided that, if the accused is a non-Muslim, the Presiding Officer may be a non-Muslim. Further Zina offenses are or as of were . Pakistan is once again at a critical juncture of political transition.
The Hudood Ordinances – Newspaper –
The Act has now deleted zina bil jabbar from the Zina Hudood Ordinance  and inserted sections and for Rape and Punishment respectively in the Pakistan Penal Code to replace it.
Skip to main content. Convict shall be medically examined before flogging to determine if the flogging should be “applied in such manner and with such intervals” that it does not kill the offender being flogged. December 31, News Release.
Whoever is guilty of zina-bil-jabr liable to hadd shall subject to the provisions of this Ordinance, – a. 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 The government has called the legislation “historic” and says that it does not go against the tenets of Islam. 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.
Human Rights Watch urges President General Pervez Musharraf and members of the National Assembly to implement the recommendation and reject the current proposed amendments. Your tax deductible gift can help stop human rights violations and save lives around the world. Attention to the Ordinance and suggestions for revising it were given by a number of government appointed commissions, a televised several weeks-long-televised debate on the subject of “No debate on Hudood Allah Allah’s laws as prescribed in Quran and Sunnah -is the Hudood Ordinance Man’s interpretation of Allah’s law Islamic?
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. They also made a rape victim liable to prosecution for adultery if she cannot produce four male witnesses to the assault. Zafran Bibi, who is about 26, is in solitary confinement in a death-row cell.
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 ordnance 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.
Presiding Officer of Court to be Muslim. 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 ordinancf committed before such commencement. The husband then claims that sans the confirmation of divorce by the local authorities the marriage is not over and launches a zina prosecution. The provisions of Chapter XXIX hudoood the Code shall not apply hudoo respect of punishments awarded under section 5 or section 6 of this Ordinance.
Join our movement today. Both offences of zina liable to hadd and fornication offences have been made cognisable only by a court, meaning that when a complaint is made of either offence, the police may ordinane arrest the accused unless directed to do so by the court.
Furthermore, he said, in accusing her brother-in-law of raping her, Ms.
She goes through her ordniance of iddat. It shall come into force on the twelfth day of Rabi-ul-Awwal, Hijri, that is, the tenth day of February,