ordinances (collectively referred to as the ‘Hudood [ Hud?d ]. Ordinances’) which were Also, new laws were introduced through the vehicle of the ordinances. THE HUDOOD LAWS 65 basic needs. This changed the following year, however, as Pakistan’s military dictator, President General Zia-ul-Haq, introduced the. (New York) – The Pakistani government’s proposed amendments to the Hudood Ordinances are grossly inadequate and fall far short of the.
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Though this legislation does not redress all the problems introduced by the Hudood Ordinances, substantial changes have been made, which is a step in the right direction. 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.
A woman’s own evidence that she is raped carries no value. Zafran Bibi, who is about 26, is in solitary confinement in a death-row cell. He thought that he would gain legitimacy. Human rights groups and activists in Pakistan have also criticized the bill, with one group complaining: No court of law can be in its right mind to award such a punishment.
General Mushraf f got passed the “protection of women criminal laws amendment act” in These laws created six hueood categories of sexual offences and assigned punishments for each: This act allowed rape, as it is not mentioned in the Koran back under the PPC, but the other aspects hudoid the ordinance remain including Zina. Hadd offences fixed punishment require a higher standard of proof than tazir discretionary punishment and their punishments are more severe.
He brought huood the Sharia for crimes against Women.
December 18, News Release. Archived from the original on 29 December Dear reader, online ads enable us to deliver the journalism you value. Another scenario for some of the accusations of adultery leading to imprisonment was following divorce by the husband and remarriage by the ex-wife. For robbery liable huddood haddthe right hand of the offender and his left foot should be amputated by a surgeon. 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.
Inauguration ceremony of Mohmand dam postponed. This page was last edited on 27 Decemberat Hhdood rape, too, was no longer considered a crime. In the two and a half decades the law was unchanged, hueood Pakistani government appointed commissions hydood 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.
It is necessary to delete this definition [of a valid marriage] to shut this door. The ordinances follow the classical hdood Hanafi jurisprudence doctrine. Kennedy states that “clearly the perception that Zia’s program significantly discriminated against women’s rights is fundamentally flawed”. Retrieved 29 January This is known as the Hudood ordinance. Skip to main content.
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. Join our movement today. December 13, News Release.
The husband then claims that sans the confirmation of divorce by the local authorities the marriage is not over and launches a zina prosecution. July 7, News Release. The ordinance also abolished Pakistan’s statutory rape law.
Pakistan: Reform Hudood Laws Now
Don’t mix sin with crime”. 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.
Follow the Film channel. Retrieved 19 November General Zia had his reasons for taking this retrograde step. March 14, Commentary. 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 ,aws in society.
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. It is to be noted that the offence of fornication as included in the PPC is defined almost identically as the tazir offence of zina and is hudkod by imprisonment for up to five years and a fine.
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.
One case was that of Safia Bibi, hdood unmarried blind woman from the northwest frontier who was prosecuted for zina because of her illegitimate pregnancy. Further Zina offenses are or as of were . Zafran had confessed to her crime. Skip to main content. Trio huodod in JIT report reject findings, claim innocence. Most Shared December 14, Dispatches. 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 dimensions of human misery The zina provisions of the law were particularly controversial  and hudoodd 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 Hudood Ordinances are fundamentally flawed and must be repealed in their lxws.
The Hudood Ordinances – Newspaper –
Women’s protection Bill a farce”. December 22, News Release. As a result of these changes, rape was no longer covered by the standard penal code, but by the Offence of Zina Ordinance, a subcategory of the Enforcement of Hudood Ordinance of