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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Flogging may be postponed if the offender is ill, pregnant, or if the weather is too cold, etc. 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.
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.
Pakistan: Proposed Reforms to Hudood Laws Fall Short
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. Penetration is sufficient to constitute the sexual intercourse necessary to the offence of Zina.
KU workshop urges review of Hudood laws”.
From Wikipedia, the free encyclopedia. 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.
This article is part of a series about Muhammad Zia-ul-Haq. In addition, for the first time in Pakistan’s history, fornication non-marital sex became illegal. The system provided for two kinds of offences — hadd and tazir — with different punishments to go with them. 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. Dear reader, please upgrade to the latest version of IE to have a better reading experience.
One non-classical feature is that Hadd punishments can only be carried out after an appeal to the Federal Shariat Court has failed. Kidnapping or abducting in order to subject person to unnatural lust. These laws created six distinct categories of sexual offences and assigned punishments for each:.
Pakistan: Proposed Reforms to Hudood Laws Fall Short | Human Rights Watch
Zina or zina-bil-jabr liable to tazir. Zafran had confessed to her crime. Most Shared December 14, Dispatches. Please give now to support our work. ICC punishes Mickey Arthur for showing ‘dissent’ after controversial decision.
Selling person for purposes of prostitution, etc. Retrieved 19 November He huood not argue with statements such as “eight out of every ten women in jail today are those charged with the offence of Zina”. 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 laes illicit intercourse with 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 provision of the Code relating to the confirmation of the sentence of death shall apply, mutatis mutandisto confirmation of sentences under this Ordinance. According to Mufti Taqi Usmaniwho was instrumental in the creation of the ordinances:. Provided further that a trial by a Court of Session under nudood Ordinance shall ordinarily be held at the headquarters of the Tehsil in which the offence is alleged to have been committed.
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit inter-course, or knowing it to be likely that she will be forced or seduced to illicit inter-course, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine; and whoever by means of criminal intimidation as defined in the Pakistan Penal Code, or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit inter-course with another person shall also be punishable as aforesaid.
It replaced parts of the British-era Pakistan Penal Codeadding new criminal offences of adultery and fornicationand new punishments of whippingamputationand stoning to death. Her rapist was acquitted. Kennedy states that “clearly the perception that Zia’s program significantly discriminated against women’s rights is fundamentally flawed”. Application of Code of Criminal Procedure and amendment 1. Prohibited sexual activities, including rape zina bil jabrbecame religious offenses, subject to different evidentiary standards and punishment and hudold appellate jurisdiction hudoood Islamic higher courts.
For robbery liable to haddthe right hand of the offender and his left foot should be amputated by a surgeon. Your tax deductible gift can help stop human rights violations and save lives around the world.
The study found the ordinance used to file “nuisance or harassment suits against disobedient daughters or estranged wives. It was restored in stages between November and Marchand although it contains provisions guaranteeing equality before law and prohibiting discrimination on the basis of sex alone, the Hudood Ordinances have been permitted to co-exist.
The ordinance also abolished Pakistan’s statutory rape law. Subject to the provisions of section 7, whoever commits zina or zina-bil-jabr which is not liable to haddor for which proof in either of the forms mentioned in section 8 is not available and the punishment of qazf liable to hadd has not been awarded to the complainant, or for which hadd may not be enforced under this Ordinance, shall hudoox liable to tazir.
She goes through her period of iddat. Retrieved 5 May Human Rights Watch said that Pakistan should ensure that it complies with its obligations under the Convention on the Elimination of Discrimination Against Women, which calls on states to modify or abolish laws that discriminate against women. The bill was ratified by the Senate on 23 November and became law after President Musharraf signed it on hudooe December These laws created six distinct categories of sexual offences and assigned punishments for each: The Presiding Officer of the Court by which a case is tried, or an appeal is heard, under this Ordinance shall be a Muslim: