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 Offence of Zina (Enforcement Of Hudood) Ordinance,
No punishment under sub-section 3 shall be executed until it has been orsinance by the Court to which an appeal from the order hkdood conviction lies; and if the punishment be of whipping until it is comfirmed and executed, the convict shal be dealt with in the same manner as if sentenced to simple imprisonment. Presiding Officer of Court to be Muslim. Definitions In this Ordinance, unless there is anything repugnant in the subject of context: Pakistan’s previous rape laws, repealed by the Zina Ordinance, had defined rape as compulsory sexual intercourse.
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 ordinabce probity, i. The provisions of the Code of Criminal Procedure,hereafter in this section referred to as the Code, shall apply, 197 mutandis in respect of cases under this Ordinance: 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 lrdinance involve flogging. 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.
Penetration is sufficient to constitute the sexual intercourse necessary to the offence of Zina. Buying a person for purposes of prostitution, etc. The husband then claims that sans the confirmation of divorce by the local authorities the marriage is not over and launches a zina prosecution.
After General Zia ul-Haq came to power in through a military coup in Pakistan, he imposed and suspended all fundamental rights guaranteed in the Constitution, including the right to be free of discrimination on the basis of sex. The provisions of Chapter XXIX of the Code shall not apply in respect of punishments awarded under section 5 or section 6 of this Ordinance.
The system provided for two kinds of offences — hadd and tazir — with different punishments to go with them. December 18, News Release.
Pakistan: Proposed Reforms to Hudood Laws Fall Short
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 Whoever kidnaps or abducts any person in order that such ordinancd 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.
Zina liable to hadd. By then they had spent many years in jail, were ostracized by their families, and had become social outcasts.
Application of Code of Criminal Procedure and amendment 1. Islamism in South Asia. Retrieved from ” https: Application of certain provisions of Pakistan Penal Code, and amendment. An Ordinance to bring in conformity with the injunctions of Islam the law relating to the Offence of Zina. Please support us by taking a moment to turn off Adblock on Dawn.
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. Don’t mix sin with crime”. In the case mentioned in sub-section 2the Court may award tazir on the basis of the evidence on record. The most controversial of the four ordinances,  it has several distinct categories of sexual offences and assigned punishments for each:.
Whoever buys, hires or otherwise obtains possession of any person with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse huodod 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.
The woman returns to her parental home. The hadd punishment given to such an adulterer was stoning to death while the penalty for a fornicator was public whipping of lashes. If anyone says that she was punished because of Qazaf false accusation of rape then Qazaf Ordinance, Clause no. 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 Ordinanve punishments are more severe.
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.
Pakistan must own the FATF project. Short title, extent and commencement 1. For example, a person charged under the Hudood Ordinances will now be able to post bail.
Kennedy states that “clearly the perception that Zia’s program significantly discriminated against women’s rights is fundamentally flawed”. December 31, News Release. Punishment for Zina or zina-bil-jabr where convit is not an adult. The ordinance also abolished Pakistan’s statutory rape law. No court of law can be in its right mind to award such a punishment. The Denial of Juvenile Justice in Pakistan.
Party atmosphere set to sweep across major cities in Asia and other continents as the clock ticks past midnight. 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. It is to be noted that the offence hkdood fornication as hudooe in the PPC is defined almost identically as the tazir offence of zina and is punishable by imprisonment for up to five years and a fine. The New York Times.
Hudood Ordinances – Wikipedia
Zina or zina-bil-jabr liable to tazir. It specifies that whips shall be made of leather, or a cane or a branch of a ordinnce, be no longer than 1.
Part of Pakistan’s Islamization. BOTH decision and timing are scarcely believable and will surely give more ammunition to those quarters denouncing Inauguration ceremony of Mohmand dam postponed.