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. Pakistan must own the FATF project. Prohibited sexual activities, including rape zina bil jabrbecame religious offenses, subject to different evidentiary standards and punishment and the appellate jurisdiction of Islamic higher courts.

Hudood Ordinances

This article is part of a series about Muhammad Zia-ul-Haq. 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.

Penetration is sufficient to constitute the sexual intercourse necessary to the offence of Zina. Your tax deductible gift can help stop human rights violations and save lives around the world. 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 ordinance also abolished Pakistan’s statutory rape law. The husband then claims that sans the confirmation of divorce by the local authorities the marriage is not over and launches a zina prosecution. Now arises the question why is there so much insistence on abolishing the shari’a punishment for Zina bil Jabr? December 31, News Release. Punishment for 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 the 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.

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If anyone says that she was punished because of Qazaf false accusation of rape then Qazaf Ordinance, Clause no. The zina provisions of the law were particularly controversial [5] and critics alleged that there orcinance “hundreds of incidents where a woman subjected to rape, or even gang rape, was eventually accused of zina ” and incarcerated.

The New York Times. Presiding Officer of Court to be Muslim.

Application of certain provisions of Pakistan Penal Code, and amendment. Short title, extent and commencement 1.

Oridnance to override other Laws.

Pakistan: Proposed Reforms to Hudood Laws Fall Short

The Hudood Laws of Pakistan”. Provided that, if the accused is a non-Muslim, the Presiding Officer may be a non-Muslim. When a female is ordinanxe, 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.

Theory and Practice from the Sixteenth The reforms have come under considerable opposition from Islamist groups in Pakistan, who insist that law should stay following the sharia.

Retrieved from ” https: Zina bil Jabr 1 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 ordinqnce not validly married, in any of the following circumstances, namely: The most controversial of the four ordinances, [5] it has several distinct categories of sexual offences and assigned punishments for each:.

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.

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The Offence of Zina (Enforcement Of Hudood) Ordinance,

In the case mentioned in sub-section 2the Court may award tazir on the basis of the evidence on record. 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. Retrieved 29 January The Denial of Juvenile Justice in Pakistan.

Zina is zina liable to hadd if- a. Provided that, in the case of zina-bil-jabr, if the offender is not under the age of fifteen years, the punishment of whipping shall be awarded with or without any other punishment. Both offences of zina liable to hadd and fornication offences have been made cognisable only by a court, meaning that when a complaint is made of either offence, the police may not arrest the accused unless directed to do so by the court.

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.

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.

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.

It is necessary to delete this definition [of a valid marriage] to shut this door. Kidnapping or abducting in order to subject person to unnatural lust. When zina-bil-jabr liable to tazir is committed by two or more persons in furtherance of odrinance intention of all each of such persons shall be punished with death.

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