Hudood ordinance pdf
Hudood is plural of Hadd , a few boundary limits for the lawful and unlawful from God. Both it and adultery became non-compoundable, non-bailable, and punishable at maximum by death. Only those qualified in legal nuances can rightly review the legal implications of the Bill. Many organizations including the government are questioning their validity and importance in light of changing times. Crime and Punishment in Islamic Law: Retrieved 5 May The ordinance took away crimes against women like rape out of the purview of the PPC.
There are cases that women who reported rape under the Hudood ordinance were charged with Zina or adultery. Offenses against Property Ordinance, which deal with crimes of theft and armed robbery. The country's Hudood Ordinance often relied on harsh and discriminatory interpretations of Qur'anic standards of evidence and punishment that applied equally to Muslims and non-Muslims. The offenses of Zina Ordinance which relates to the crime of rape, abduction, adultery and fornication. Coupled with the introduction of the Hudood Ordinances, the Zia regime also introduced judicial reforms which restructured Pakistan's higher judiciary. Hudood Ordinance (let alone conviction or punishment)—is merely supplementary evidence pertaining to the specific factors that generate a well-founded fear of persecution amongst LGBT individuals. Educational Learning Point having all the articles of multiple subjects/area e.g; Computer Science, Medical, General Knowledge, Law, English, Islamic studies and Others. At present he is being fully supported by the Qadiyani Lobby against the Hudood Ordinance.
Probably the first time a mainstream TV channel in Pakistan broadcast a serious report on this issue. 4 Clearly as long as only the husband could register a case and only the male accused could be punished for adultery, there was a reluctance to prosecute. The Hudood Ordinance enacted after the 1977 military coup by General Zia-ul-Haqq.21 His claim to power was supported by right-wing religious parties and feudal landlords, who were opposed to the current Pakistani government. Brief sketches of the title of ordinances, forms of punishment and some Hadd punishments are presented. Namely, revisions were made in criminal statues bearing upon sex-related crimes (zina) and theft. Broadly, the Hudood Ordinances is a term used to refer together a set of four Ordinances dealing the offences of rape, consentual sex and bringing false witness.
7 The West Pakistan Family Courts Act of 1964.
This Article specifically examines the impact of one of these provisions, the Offense of Zina (Enforcement of Hudood) Ordinance, on sexual offenses under the Pakistan Penal Code. Partial amendments to this Ordinance cannot bring it to accord with the letter and spirit of the Qur’an and Sunna. VII of 1979 February 9th, 1979 An Ordinance to bring in conformity with the injunctions of Islam the law relating to the Offence of Zina. Women in Pakistan are strategically made public and private by the state, usually to their detriment. Hudood Ordinance although provided better security to victim of rape, however, execution of the Ordinance had been misused and it had earned a bad name due to its abuse at the implementation stages.
Until 2006, for example, Pakistan's Hudood Ordinance required four male witnesses to attest to a woman's penetration in order to establish the occurrence of rape. Plight of the Pakistani Women under the Hudood ordinance In addition, for the first time in Pakistan’s history, fornication non-marital sex became illegal.
Short title, extent and commencement.(1) This Ordinance may be called the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Coupled with the introduction of the Hudood Ordinances, Zia’s administration also introduced judicial reforms that restructured Pakistan’s higher judiciary. Short title, extent and commencement.—(1) This Ordinance may be called offences against Property (Enforcement of Hudood) Ordinance, 1979. If Qur'anic standards were used, Muslim and non-Muslim and male and female testimony carried different weight.
The other two equally discriminatory laws, i.e., the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 and Prohibition (Enforcement of Hadd) Ordinance, 1979 were not touched by the Act. The paper's main focus will be on rape and the state-legislation that governs it, namely the Zina Hudood Ordinance of 1979 and the Law ofEvidence of 1984, and how the gender-discriminatory nature of these laws in the name of religion serves to subjugate women. Tazkiyah al-shuhood means the mode of inquiry adopted by a court to satisfy it self as to the credibility of a witness.
Debates about the precise nature and degree of force involved in rape also contribute to ongoing ambiguities of definition. The Punjab Prohibition Ordinance, 1978; and (e) The Sind Prohibition Ordinance, 1978. Under Pakistan's existing Hudood Ordinance, proof of rape generally requires the confession of the accused or the testimony of four adult Muslim men who witnessed the assault. Property (Enforcement of Hudood) Ordinance, 1979 (VI of 1979), to perform amputations as punishment for certain kinds of theft. formed in reaction to Zia's introduction of the Hudood laws in 1979, note: On the 22 February 1979 (the Prophets birthday), amidst much fanfare and media build-up, the first concrete step towards Islamization was announced by the military government.
of the Hudood Ordinances, which is a collection of 5 criminal laws.
The hadd punishments are specific, fixed penalties laid down by Allah for specified transgressions or crimes. The crime of rape has been shifted from the Pakistan Penal Code to this Act, making a distinction of rape from sex outer of marriage and takes out the requisite testimony of 04 witnesses. In the case of the Hudood Ordinance, women's sexuality becomes an issue of public concern. Laww 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 Help us continue to fight human rights abuses. Offences Against Property (Enforcement of ‘Hudood’) Ordinance, (2) It extends to the whole of Pakistan. With this in mind, he instructed the ruling Pakistan Muslim League (Q) to bring about necessary amendments to the Hudood Ordinance which was enacted by Gen. As part of that, a comprehensive Hudood ordinance was enacted, which included The Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979.
The reason for this is an extremely unjust propaganda which certain circles are busily spreading ever since the Hudood ordinance has been implemented. This Ordinance may be called the Offences Against Property (Enforcement of ‘Hudood’) Ordinance, 1979 and is enacted to modify the existing law relating to certain offences against property, so as to bring it in conformity with the injunctions of Islam as set out in the Holy Qur’an and Sunnah. The Hudood Ordinance was passed under Ziaul Haq to implement punishments as stipulated by the Sharia law for extramarital sex, theft and prohibition. In the religion of Islam it refers to punishments that under Islamic law are mandated and fixed by God.These punishments were rarely applied in pre-modern Islam, and their use in some modern states has been a source of controversy. 4 Zina Section 4 criminalises sexual intercourse outside of marriage, in accordance with Sharia law principles. Under Offenses Against Property (Enforcement of Hudood Ordinance 1979), the punishment of imprisonment or fine, or both, as provided in the existing Pakistan Penal Code for theft, was substituted by the amputation of the right hand of the offender from the joint of the wrist by a surgeon. Pakistani rape laws under the controversial Hudood Ordinance create a serious risk of imprisonment for the victim.
In addition to offenses against person and property — offenses that were already proscribed by the Pakistan Penal Code (PPC) – the Hudood Ordinances cover five areas: Zina (non-marital sex) and rape; theft and armed robbery, qazf (i.e., false accusation of Zina); prohibited use of alcohol and narcotics, and the procedure for whipping. Abstract The first essay will examine the trend of sexual violence against women that emerged in Pakistan with the introduction of the Idamipation process through the implementation of the Sharia laws since 1979. It was restored in stages between November and Marchand although it contains provisions guaranteeing equality before law and prohibiting discrimination on the judood of sex alone, the Hudood Ordinances have been permitted to co-exist. Hudood ordinance 1979 the purposes of this section and section 14 “illicit intercourse” means sexual inter-course between persons not united by marriage. The Ordinance requires that evidentiary showings and punishments for the crimes of rape, adultery, and fornication must follow the Islamic standard. Offence of Qazf (Enforcement of Hudood ) Order 1979; Execution of Punishment of Whipping Ordinance 1979; Registration of Marriages. Offence of Zina (Enforcement of Hudood) Ordinance, 1979; and (b) all other terms and expressions not defined in this Ordinance shall have the same meaning as in the Pakistan Penal Code (Act XLV of 1860), or the Code of Criminal Procedure, 1898 (Act V of 1898).