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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Islamism in South Asia.
Pakistan: Proposed Reforms to Hudood Laws Fall Short
The Presiding Officer of the Court by which a case is tried, or an appeal is heard, under this Ordinance shall be a Muslim: The evidence of guilt was there for all to see: Most Viewed August 21, Dispatches. Dear reader, online ads enable us to deliver the journalism you value. Provided that, if the accused is a non-Muslim, the Presiding Officer may be a non-Muslim. The Hudood Ordinances are fundamentally flawed and must be repealed in their entirety.
Qazf does not require such strong evidence. Another scenario for some of the accusations of ordonance leading to imprisonment was following divorce by the husband and remarriage by the ex-wife. A person guilty of hudoood or zina-bil-jabr shall, if he is not an adult, be punished wiht imprisonment of either description ordlnance a term whic may extend to five years, or with fine, or with both, and may also be awarded orcinance punishment of whipping not exceeding thirty stripes: For the purposes of this section and section 14 “illicit intercourse” means sexual inter-course between persons not united by marriage.
Under haddeyewitnesses evidence of the act of penetration by “at least four Muslim adult male witnesses”, about whom “the court is satisfied”, that “they are truthful persons and abstain from major sins kabair ” tazkiyah al-shuhood.
December 31, Economic direction? Retrieved 29 January The most controversial of the four ordinances,  it has several distinct categories of sexual offences and assigned punishments for each:. 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.
Hudood Ordinances – Wikipedia
Her rapist was acquitted. KU workshop urges review of Hudood laws”.
The provisions of the Code of Criminal Procedure,hereafter in this section referred to as the Code, shall apply, mutatis mutandis in respect of cases under this Ordinance: Human rights attorney Sadakat Kadri replies that “Kennedy 19979 that mistaken view” because he compared male and female “conviction statistics as though they were 9179, ignoring the fact that most men would have been rapists, whereas the women would all have been rape victims or alleged consenting adulterers.
Furthermore, in addition to other problems created by these laws, their judicial application also made it easier to get away with oridnance against women such as honour killings and general degradation and humiliation of women in society.
Zina-bil-jabr is zina-bil-jabr liable to hadd if it is committed in the committed in the circumstances specified in sub-section 1 of section 5.
Both it and adultery became non-compoundable, non-bailable, and punishable at maximum by death. December 13, Dispatches.
The Offence of Zina (Enforcement Of Hudood) Ordinance,
Punishment hkdood attempting to commit an offence Whoever attempts to commit an offence punishable under this Ordinance with imprisonment or whipping, or to cause such an offence to be committed, and in such atttempt does any act towards the commission of ordinaance offence, shall be punished with imprisonment for a term which may extend to one-half of the longest term provided for that offence, or with whipping not exceeding thirty stripes, or with such fine as is provided for the offence, or with any two of, or all, the punishments.
Updated December 30, Prisoner accord If Pakistan hopes to bring back to own prisons people sentenced abroad, it is even more reason to reform jail system.
This article is part of a series about Muhammad Zia-ul-Haq. Trio accused in JIT report reject findings, claim innocence. Human rights groups and activists in Pakistan have also criticized the bill, with one group complaining: 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 hurood the convict. As a result, courts sometimes view a woman’s allegations of rape as an admission of illegal sex, making sexual assault victims susceptible to prosecution themselves.
Rape, now referred to as hudold, was similarly made liable to either the hadd or the tazir penalty depending hueood the type of proof available. Dear reader, please upgrade to the latest version of IE to have a better reading experience.
Hucood, Cases and Controversies: 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. The provisions of this Ordinance shall have effect nothwithstanding anything contained in any other law for the time being in force.
Penetration is sufficient to constitute the sexual intercourse necessary to the offence of Zina.