HUDOOD LAWS 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. Hudood Ordinances refer to the legislation of penal laws in Pakistan entitled “ Enforcement of Hudood Ordinances VI, VII, VIII and IX” on 10 February

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Retrieved from ” https: The most controversial of the four ordinances, [5] it has several distinct categories of sexual offences and assigned punishments for each:.

Short title, extent and commencement 1. Dear reader, online ads enable us to deliver the journalism you value. 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.

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: Webarchive template wayback links Articles with short description Articles containing potentially dated statements from November All articles containing potentially dated statements.

The Hudood Laws of Pakistan”. Kennedy states that “clearly the perception that Zia’s program significantly discriminated against women’s rights is fundamentally flawed”. Retrieved 29 January In the Pakistan Penal Code, – a. Retrieved 21 November 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.

The Presiding Officer of the Court by which a case is tried, or an appeal is heard, under this Ordinance shall be a Muslim: 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.

Furthermore, he said, in accusing her brother-in-law of raping her, Ms. If anyone says that she was punished because of Qazaf false accusation of rape then Qazaf Ordinance, Clause no. Pakistan is once again at a critical juncture of political transition. Zina bil Jabr 1. The most controversial of these are the two laws pertaining to sexual offences, i.

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He then introduced a series of laws that codified women’s status as subordinate in law, including the Hudood Ordinances and the Qanun-e-Shahadat Order Law of Evidence Orderwhich relegated women to inferior legal status and, in some circumstances, rendered their testimony to half the weight of a man’s.

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. This is to discourage one step of humiliation of women.

Dawn picks the minds of movers and shakers to spot potential drivers and project trends in key economic indicators. For robbery liable to haddthe right hand of the offender and his left foot should be amputated by a surgeon. Her rapist was acquitted. Join our movement today. The reforms have come under considerable opposition from Islamist groups in Pakistan, who insist that law should stay following the sharia.

It is necessary to delete this definition [of a valid marriage] to shut this door. Some of these countries have since repealed the law of stoning.

Pakistan: Proposed Reforms to Hudood Laws Fall Short

December 22, News Release. In addition, Human Rights Watch said that Pakistan should improve support services such as shelters and burn units for women, raise public awareness about the laws and better train police to deal with victims of sexual assault.

The provisions of sectionsectionsection A or section B of the Code shall not apply to the cognizance of an offence punishable under section 15 or section 16 of this Ordinance. KU workshop urges review of Hudood laws”. 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.

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. Skip to main content. Failure to find such proof of the rape may place her at risk of prosecution for another hudood ordinance, qazf for accusing an innocent man of adultery. Penetration is sufficient to constitute the sexual inter-course necessary to the offence of zina-bil-jabr.

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Currently, the only guaranteed way to obtain a rape conviction is if the accused confesses or there are four adult male witnesses to the act of penetration. 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 Act has now deleted zina bil jabbar from the Zina Hudood Ordinance [17] and inserted sections and for Rape and Punishment respectively in the Pakistan Penal Code to replace it.

Pakistan’s previous rape laws, repealed by the Zina Ordinance, had defined rape as compulsory sexual intercourse. Crime and Punishment in Islamic Law: Part of Pakistan’s Islamization.

Whoever is guilty of zina-bil-jabr liable to hadd shall subject to the provisions of this Ordinance, – a. Penetration is sufficient to constitute the sexual intercourse necessary to the offence of Zina.

July 7, News Release. Flogging may be postponed if the offender is ill, pregnant, or if the weather is too cold, etc.

Pakistan: Proposed Reforms to Hudood Laws Fall Short | Human Rights Watch

Rape, now referred to as zina-bil-jabr, was similarly made liable to either the hadd or the tazir penalty depending on the type of proof available. For the purposes of this section and section 14 “illicit intercourse” means sexual inter-course between persons not united by marriage. A woman alleging rape was required lwws provide four adult male eyewitnesses of good standing tazkiyah-al-shuhood to “the act of penetration”.

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 the contrary is proved, be presumed to have disposed of her 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: Inthen President Pervez Musharraf again proposed 199 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.