HUDOOD ORDINANCE 1979 PDF
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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The provision of sub-section 3 of section or section of the Code shall not apply in respect of the punishment of whipping awarded under this Ordinance.
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.
The most controversial of these are the two laws pertaining to sexual offences, i. Case in which hadd shall not be enforced 1. Kidnapping, abducitng or inducing women to compel for marriage etc. According to Mufti Taqi Usmaniwho was instrumental in the creation of the ordinances:. Buying a person for purposes of prostitution, etc. Archived from the original on 29 November Get updates on human rights issues from around the globe.
Pakistan: Proposed Reforms to Hudood Laws Fall Short
One case was that of Safia Bibi, an unmarried blind woman from the northwest frontier who was prosecuted for zina because of her illegitimate pregnancy.
Provided that, if the accused is a non-Muslim, the eye-witnesses may be non-Muslims. The system provided for two kinds of offences — hadd ordinnce tazir — with different punishments to go with them.
Selling person for purposes of prostitution, etc. An Ordinance to bring in conformity with the injunctions of Islam the law relating to the Offence of Zina.
Hudood Ordinances – Wikipedia
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. When zina-bil-jabr liable to tazir is committed by two or more persons in furtherance of common intention of all each of such persons shall be punished with death.
For robbery liable to haddthe right hand of the offender and his left foot should be amputated by a surgeon. Don’t mix sin with crime”.
From Wikipedia, the free encyclopedia. Pakistan’s previous rape laws, repealed by the Zina Ordinance, had defined rape as compulsory sexual intercourse. December 13, Dispatches. Archived from the original on 2 March Human rights attorney Sadakat Kadri replies that “Kennedy reached that mistaken view” because he compared male and female “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.
The Hudood Ordinances – Newspaper –
For example, under the Zina Ordinance, zina was liable to a hadd penalty if the accused confessed before the trial court or if there were four adult Muslim male witnesses who met an Islamic test of probity, i. The bill was ratified by the Senate on 23 November and became law after President Musharraf signed it on 1 December No court of law can be in its right mind to award such a punishment.
Another scenario for some of the accusations of adultery leading to imprisonment was following divorce by the husband and remarriage by the ex-wife. Such cases have been less frequent in recent years, although the risk remains. Oridnance to override other Laws. A woman alleging rape was required to provide four adult male eyewitnesses of good standing tazkiyah-al-shuhood to “the act of penetration”.
Pakistan must own the FATF project. 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: 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.
Updated December 30, Pressure on the press A government-controlled body to run the affairs of newspapers is not in sync with the modern concepts of rule.
VII of or an offence of similar nature under any other law for the time being in force. Stories of suffering by women who claimed to have been raped appeared in the press in the years following the passing of the Hudood Ordinance stirring protests by Pakistani activists and lawyers and international human rights organizations.
Retrieved 29 January The Pakistani Constitution was re-instated insubject to orfinance amendments, by Zia ul-Haq, only to be suspended again by the military government in October Retrieved 5 May Thumping a fat red statute book, the white-bearded judge who convicted her, Orsinance Ali Khan, said he had simply followed the letter of the Qur’an-based law, known as hudood, that mandates punishments.
Statutory rape, previously defined as sex with or without the consent of a girl under the age of 14, was no longer a crime, meaning that girls could be charged for engaging in illicit sex if they had reached puberty.
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 orddinance contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. 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.
Most Viewed August 21, Dispatches. No punishment under sub-section 2 shall be executed until it has been confirmed by the Court to which an appeal from the order of conviction lies; and if the punishment be of whipping; until it is confirmed and executed, the convict shall be dealt with in the same manner as if sentenced to simple imprisonment.
It is necessary to delete this definition [of a valid marriage] to ordinnce this door.
The woman returns to her parental home. Views Read Edit View history. 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.
Short title, extent and commencement 1.