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.

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The Offence of Zina (Enforcement Of Hudood) Ordinance,

December 31, Economic direction? After a while the family arranges another match and she gets married. Furthermore, in addition to other problems created by these laws, their judicial application also made it easier to get away with crimes against women such as honour killings and general degradation and humiliation of women in society. 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 Bill removes the right of police to detain people suspected of having sex outside of marriage, instead requiring a formal accusation in court.

Hudood Ordinances

Kidnapping, abducitng or inducing women to compel for marriage etc. It is alleged that the legislation led to thousands lrdinance women being imprisoned without being proved whether they were actually guilty. Cheema, Cases and Controversies: Crime and Punishment in Islamic Law: Inthen President Pervez Musharraf again proposed reform of the ordinance.

While it was easy to file a case against a woman accusing her of adultery, the Zina Ordinance made it very difficult for a woman to obtain bail pending trial. Another scenario for some of hufood accusations of adultery leading to imprisonment was following divorce by the husband and remarriage by the ex-wife.

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 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.


These laws created six distinct categories of sexual offences and assigned punishments for each:. Views Read Edit View history. The reason for this is an extremely unjust propaganda which certain circles are busily spreading ever since the Hudood ordinance has been implemented. July 7, News Release. Otherwise, the courts have no consistent standards of proof for rape.

The Hudood Laws

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 Hudood Laws of Pakistan”.

She goes through her period of iddat. The amendments change the punishment for someone convicted of having consensual sex outside marriage to imprisonment of up to five years and a fine of Rs 10, December 22, News Release. Get updates on human rights issues from around the globe. One case was that of Safia Bibi, an unmarried blind woman from the northwest frontier hhudood was prosecuted for zina because of her illegitimate pregnancy.

Zina or zina-bil-jabr liable to tazir. The provision of the Code relating to the confirmation of the sentence of death shall apply, mutatis mutandisto confirmation of sentences under this Ordinance. Kennedy states that “clearly ordinamce perception that Zia’s program significantly discriminated against women’s rights is fundamentally flawed”. Please give now to support our work. 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 prostitution 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.

According to Mufti Taqi Usmaniwho was instrumental in the creation of the ordinances:. Your tax deductible gift can help stop human rights violations and save lives around the world.

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Zina bil Jabr 1 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: It described the offence of false accusation of Zina fornication and adultery either orsinance, verbal or “by hudoov representations”, with 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 hudood complainant has made a false accusation of rape; [18].

That does away with the need for the four witnesses and allows convictions to be made on the basis of forensic and circumstantial evidence. Whoever is guilty of Zina liable to hadd shall, subject to the provisions of this Ordinance, – a.

The political party landscape remains wracked with judicial complications and ongoing accountability pressures. Pakistan’s previous rape laws, repealed by the Zina Ordinance, had defined rape as compulsory sexual intercourse.

From Wikipedia, the free encyclopedia. Human Rights Watch said that Pakistan should ensure that it complies with its obligations under the Convention on the Elimination of Discrimination Against Women, which calls on states to modify or abolish laws that discriminate against women.

Such cases have been less frequent in recent years, although the risk remains. A complaint of adultery must be made to a judge with at least four witnesses testifying ordunance oath that they witnessed the act of penetration. Presiding Officer of Court to be Muslim. December 18, Report.

Stripes shall not be applied to “the head, face, stomach or chest or the delicate parts of the body of the convict,” and should not lacerate the skin of the convict.

The evidence of guilt was there for all to see: The Hudood Laws of Pakistan”.