An Ordinance to bring in conformity with the injunctions of Islam the law relating to the Offence of Zina. Order No. Oridnance to override other Laws. The provisions of this Ordinance shall have effect nothwithstanding anything contained in any other law for the time being in force.
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It replaced parts of the British-era Pakistan Penal Code , adding new criminal offences of adultery and fornication , and new punishments of whipping , amputation , and stoning to death.
The Hudood Law was intended to implement Shari'a law or bring Pakistani law into "conformity with the injunctions of Islam", by enforcing punishments mentioned in the Quran and sunnah for zina extramarital sex ,  qazf false accusation of zina , theft, and consumption of alcohol.
The system provided for two kinds of offences — hadd and tazir — with different punishments to go with them. Hadd offences fixed punishment require a higher standard of proof than tazir discretionary punishment and their punishments are more severe. The zina provisions of the law were particularly controversial  and critics alleged that there were "hundreds of incidents where a woman subjected to rape, or even gang rape, was eventually accused of zina " and incarcerated the laws in were corrected excusing such women who failed to prove the rape.
The ordinances follow the classical mainly Hanafi jurisprudence doctrine. One non-classical feature is that Hadd punishments can only be carried out after an appeal to the Federal Shariat Court has failed. Under the ordinances, tazir punishments often involve flogging.
For robbery liable to hadd , the right hand of the offender and his left foot should be amputated by a surgeon. The most controversial of the four ordinances,  it has several distinct categories of sexual offences and assigned punishments for each:. Further Zina offenses are or as of were . Under hadd , eyewitnesses 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.
Because of this stringent standard, no accused has ever been found guilty and stoned to death in Pakistan,   and punishments have been awarded only under the Tazir provision of the Hudood Ordinance. The ordinance also abolished Pakistan's statutory rape law. The Act has now deleted zina bil jabbar from the Zina Hudood Ordinance  and inserted sections and for Rape and Punishment respectively in the Pakistan Penal Code to replace it.
It described the offence of false accusation of Zina fornication and adultery either written, verbal or "by visible 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 a complainant has made a false accusation of rape; .
Officially known as: "The Prohibition Enforcement of Hadd Order of ", described the offence of producing, importing, selling, owning, possessing or consuming alcohol.
It specifies that whips shall be made of leather, or a cane or a branch of a tree, be no longer than 1. Convict shall be medically examined before flogging to determine if the flogging should be "applied in such manner and with such intervals" that it does not kill the offender being flogged. Flogging may be postponed if the offender is ill, pregnant, or if the weather is too cold, etc. 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.
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 in , the Special Committee to Review the Hudood Ordinances, , Commission of Inquiry for Women. In , before the ordinances went into effect there were 70 women held in Pakistani prisons. By , there were 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.
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. By then they had spent many years in jail, were ostracized by their families, and had become social outcasts.
A woman alleging rape was Initially required to provide adult male eyewitnesses of good standing tazkiyah-al-shuhood to "the act of penetration". 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. Qazf does not require such strong evidence. According to Mufti Taqi Usmani , who was instrumental in the creation of the ordinances:.
If anyone says that she was punished because of Qazaf false accusation of rape then Qazaf Ordinance, Clause no. No court of law can be in its right mind to award such a punishment. However, in practice, these safeguards have not always worked. 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.
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.
Her rapist was acquitted. The evidence of guilt was there for all to see: a newborn baby in the arms of its mother, a village woman named Zafran Bibi. Her crime: she had been raped. Her sentence: death by stoning. Now Ms. Zafran Bibi, who is about 26, is in solitary confinement in a death-row cell.
Thumping a fat red statute book, the white-bearded judge who convicted her, Anwar Ali Khan, said he had simply followed the letter of the Qur'an-based law, known as hudood, that mandates punishments. Furthermore, he said, in accusing her brother-in-law of raping her, Ms. Zafran had confessed to her crime. The appeal judgment of the Federal Shariah Court cleared the girl of the accusation of zina. Another scenario for some of the accusations of adultery leading to imprisonment was following divorce by the husband and remarriage by the ex-wife.
A triple talaq is pronounced. The woman returns to her parental home. She goes through her period of iddat. After a while the family arranges another match and she gets married. The husband then claims that sans the confirmation of divorce by the local authorities the marriage is not over and launches a zina prosecution.
It is necessary to delete this definition [of a valid marriage] to shut this door. A number of international and Pakistani human rights organizations argue that Hudood Ordinance goes beyond what is required by sharia.
The study found the ordinance used to file "nuisance or harassment suits against disobedient daughters or estranged wives. Kennedy states that "clearly the perception that Zia's program significantly discriminated against women's rights is fundamentally flawed".
He does not argue with statements such as "eight out of every ten women in jail today are those charged with the offence of Zina". 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.
Attention to the Ordinance and suggestions for revising it were given by a number of government appointed commissions, a several-weeks-long televised debate on the subject of "No debate on Hudood Allah Allah's laws as prescribed in Quran and Sunnah -is the Hudood Ordinance Man's interpretation of Allah's law Islamic?
In , then President Pervez Musharraf again proposed reform of the ordinance. The bill was ratified by the Senate on 23 November ,  and became law after President Musharraf signed it on 1 December Legal experts have claimed that the original law was not so unbalanced as its opponents claimed or that the reforms will be impossible to enforce.
Human rights groups and activists in Pakistan have also criticized the bill, with one group complaining: "The so-called Women's Protection Bill is a farcical attempt at making the Hudood Ordinance palatable". From Wikipedia, the free encyclopedia. Part of Pakistan's Islamization. This article is part of a series about. Main article: Women's Protection Bill. May 7, Archived from the original on Retrieved 18 November Archived from the original on 29 December Retrieved 5 May BBC News.
Retrieved Cambridge University Press. Singapore: World Scientific. Archived from the original on 29 November Stoning to death has been introduced as a legal form of punishment for the "adultery of married persons" zina al-mohsena in Afghanistan, Iran, Nigeria about one-third of the 36 states , Pakistan, Sudan, and the United Arab Emirates. Some of these countries have since repealed the law of stoning. Both of these were later overturned by the Supreme Court. Human Rights Watch.
Retrieved 29 January Because the promulgation of the Zina Ordinance entailed the abolition of Pakistan's statutory rape law, girls as young as twelve have been prosecuted for having extra-marital intercourse under circumstances that would previously have mandated statutory rape charges against their assailant.
Retrieved 19 November Retrieved 21 November President's Order No. Legal Advice PK. INT'L L. New Politics. Archived PDF from the original on The New York Times. The Times. Islamism in South Asia. Hidden categories: Webarchive template wayback links Articles with short description Articles containing potentially dated statements from November All articles containing potentially dated statements. Namespaces Article Talk. Views Read Edit View history.
Pakistan: Proposed Reforms to Hudood Laws Fall Short
The most controversial of these are the two laws pertaining to sexual offences, i. These laws created six distinct categories of sexual offences and assigned punishments for each:. The introduction of these laws resulted in the offences of rape and adultery in the Pakistan Penal Code PPC to be repealed as they were substituted by these offences. The primary distinction between the hadd and tazir offenses is that the hadd offences require a higher standard of proof than is needed in tazir as the Islamic punishments are more severe. 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 hadd punishment given to such an adulterer was stoning to death while the penalty for a fornicator was public whipping of lashes.
It replaced parts of the British-era Pakistan Penal Code , adding new criminal offences of adultery and fornication , and new punishments of whipping , amputation , and stoning to death. The Hudood Law was intended to implement Shari'a law or bring Pakistani law into "conformity with the injunctions of Islam", by enforcing punishments mentioned in the Quran and sunnah for zina extramarital sex ,  qazf false accusation of zina , theft, and consumption of alcohol. The system provided for two kinds of offences — hadd and tazir — with different punishments to go with them. Hadd offences fixed punishment require a higher standard of proof than tazir discretionary punishment and their punishments are more severe. The zina provisions of the law were particularly controversial  and critics alleged that there were "hundreds of incidents where a woman subjected to rape, or even gang rape, was eventually accused of zina " and incarcerated the laws in were corrected excusing such women who failed to prove the rape. The ordinances follow the classical mainly Hanafi jurisprudence doctrine.