Ordinances
The ordinances follow the classical mainly ''Offences Against Property (theft) ordinance
Officially known as "The Offences Against Property (Enforcement Of Hudood) Ordinance (VI of 1979)." *Offences Against Property liable to ''hadd'' must be **theft of something ''nisab'' level of value, i.e. property worth more than 4.457 grams of gold (about USD $258 ) **from a place where the property was protected. Kennedy, ''Islamization of Laws and Economy'', 1996: p.56 **evidence must be from a confession by the accused, or at least two Muslim adult male witnesses who are `''tazkiyah-al-shuhood''`, (truthful and non-sinners). *Punishment for "theft liable to ''hadd''"; **first offence: "amputation of his right hand from the joint of the wrist"; **second offence: "amputation of his left foot up to the ankle"; **third offence: imprisonment for life; * Theft liable to ''tazir'': Whoever commits theft, which, is not liable to 'hadd' or **for which there is no confession or evidence provided by two qualifying Muslim adult male witnesses, or **for which 'hadd' may not be imposed or enforced under this Ordinance; *Punishment for theft liable to tazir: is stipulated in the Pakistan Penal Code (Act XLV of 1860). For robbery liable to ''hadd'', the right hand of the offender and his left foot should be amputated by a surgeon.Zina (extramarital) Ordinance
Officially known as "The Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)" refers to fornication,Prohibition (alcohol) Order
Officially known as: "The Prohibition (Enforcement of Hadd) Order of 1979", described the offence of producing, importing, selling, owning, possessing or consuming alcohol. *Producing, bottling, selling alcohol is punishable by imprisonment of up to five years, or flogging of up to 30 stripes, and may also be fined. *Owning or possessing is punishable by imprisonment of up to two years, or flogging of up to 30 stripes, and may also be fined. *drinkers liable to ''hadd'' are adult Muslims who "takes intoxicating liquor by mouth" if they confess to drinking or evidence is given by "two Muslim adult male witness" of good character. **They "shall be punished" with flogging of "eighty stripes". *drinkers liable to ''tazir'' include **non-Muslim citizens of Pakistan who have been drinking (unless it is "part of a ceremony prescribed by his religion"): **non-Muslim, non-citizens of Pakistan, who have been drinking in a public place; **Muslims for whom "the offence stands proved by the evidence on the record" but not by ''hadd'' evidence of two Muslim witnesses, etc. **these drinkers shall be punished by imprisonment of up to three years, flogging of up to 30 stripes, or both. *owning or possessing heroin, cocaine, opium or coca leaf is also punishable with imprisonment, flogging and fines.Whipping Ordinance
"The Execution of the Punishment of Whipping Ordinance of 1979" was developed to regulate the punishment of whipping/flogging. It specifies that whips shall be made of leather, or a cane or a branch of a tree, be no longer than 1.22 meters and no thicker than 1.25 cm. 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.Controversy and revision
Whipping
In 1996 the Abolition of Whipping Act (passed by Benazir Bhutto'sZina (extramarital) Ordinance
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 2003, the Special Committee to Review the Hudood Ordinances, 1979, Commission of Inquiry for Women). Lau, "Twenty-Five Years of Hudood Ordinances", 2007: p.1297-8 Critics of the law alleged that while no one had actually been executed by stoning or had their hand or foot amputated in punishment as a result of the law, Lau, "Twenty-Five Years of Hudood Ordinances", 2007: p.1305 the ordinance made it dangerous to file rape charges as the women can be punished under tazir if failed to prove an allegation of rape. In 1979, before the ordinances went into effect there were 70 women held in Pakistani prisons. By 1988, there were 6000. A 2003 report by the National Commission on Status of Women (NCSW) estimated "80% of women" were incarcerated because "they had failed to prove rape charges and were consequently convicted of adultery under tazir." According to legal scholar Martin LauWhile 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 eyewitnesses of good standing and moral character (Tazkiyah-al-shuhood'') and the witnesses would have to witness "the act of penetration" for the death penalty to apply to the Rapist or if there was no witnesses then
If anyone says that she was punished because of Qazaf (false accusation of rape) then Qazaf Ordinance, Clause no. 3, Exemption no. 2 clearly states that if someone approaches the legal authorities with a rape complaint, she cannot be punished in case she is unable to present four witnesses. No court of law can be in its right mind to award such a punishment.However, in practice, these safeguards have not always worked. In addition, because the ordinance abolished Pakistan's statutory rape law, girls as young as twelve were prosecuted for having extra-marital intercourse "under circumstances that would previously have mandated
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. "The illegitimate child is not disowned by her and therefore is proof of zina," he said, referring to laws that forbid any sexual contact outside marriage. 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 tripleA number of international and Pakistani human rights organizations argue that Hudood Ordinance goes beyond what is required bytalaq Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The main traditional legal categories are ''talaq'' ( repudiation), ''khulʿ'' (mutual divorce or ransom divorce) Historically, the rules ...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 f a valid marriageto shut this door. Lau, "Twenty-Five Years of Hudood Ordinances", 2007: p.1310-311
Case study
A study by Charles Kennedy of the Hudood Ordinances based on random stratified sample of cases tried by the Federal Shariat Court (FSC) from 1980–84, found 88% of cases heard by the FSC were Zina Ordinance-related, that the court acquitted over half (52%) of the appellates (an "extraordinarily high" number), and "fully upheld" less than one in five (19%) of the convictions. Around 90% of the cases were overturned based on misappreciation of the facts, not misappreciation of the law. Kennedy, ''Islamization of Laws and Economy'', 1996: p.56-8 The average time that defendants had to wait for disposition of their cases (in jail unless they were granted bail) after the "First Information Report" in district and sessions courts was around eighteen months. Kennedy, ''Islamization of Laws and Economy'', 1996: p.58 However the acquitted defendants still had to contend with high legal fees, a social opprobrium facing even acquitted defendants, and time in jail until their appeal was heard unless they were granted bail. Kennedy, ''Islamization of Laws and Economy'', 1996: p.65 Kennedy, ''Islamization of Laws and Economy'', 1996: p.78 The study found the ordinance used to file "nuisance or harassment suits against disobedient daughters or estranged wives." Kennedy, ''Islamization of Laws and Economy'', 1996: p.64 Three common patterns in the cases were:# a man and a woman are accused of ''zina'' by the father or older brother of the accused woman, the complainant(s) not consenting to the marriage or relationship; #a complainant accuses his "former" spouse of ''zina'' when she remarries; #a girl bring charges of rape against her 'boyfriend' after she is confronted by her relatives with alleged evidence of possible wrongdoing or dishonor.Kennedy states that "clearly the perception that Zia's program significantly discriminated against women's rights is fundamentally flawed". Kennedy, ''Islamization of Laws and Economy'', 1996: p.79 84% of those convicted in district and sessions courts under Hudood law were men, and 90% of those whose convictions were upheld by the FSC were men, Kennedy, ''Islamization of Laws and Economy'', 1996: p.62 the law cannot be accused of gender bias. 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". He also states "it is undoubtedly the case" that the Hudood Ordinances, or at least their implementation, "discriminated against Pakistan's lower socioeconomic classes". Only 2% of those convicted were middle-class (and none upper-class). Kennedy, ''Islamization of Laws and Economy'', 1996: p.77 Human rights attorney
Reforming the Hudood Ordinance
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?" on Geo television channel, and a 2005Criminal Law (Amendment) (Offense of Rape) Act 2016
On 7 October 2016, Pakistan's parliament unanimously passed a new anti-rape and anti-honour killing bills. The new laws introduced harsher punishments for the perpetrators of such crimes. According to the new anti-rape bill, DNA testing was made mandatory in rape cases. Sabotaging or disrupting the work of a police officer or Government official could result in imprisonment of 1 year under the new law. Government officials who are found taking advantage of their official position to commit act of rape (e.g. custodial rape) are liable to imprisonment for life and a fine. According to the new law, anyone who rapes a minor or a mentally or physically disabled person will be liable for the death penalty or life imprisonment. Recording of statement of the female survivor of rape or sexual harassment shall be done by an Investigating Officer, in the presence of a female police officer, or a female family member of the survivor. Survivors of rape shall be provided legal aid (if needed) by the Provincial Bar Council. The new law also declares that trials for offences such as rape and related crimes shall be conducted in-camera and also allows for the use of technology such as video links to record statements of the victim and witnesses, to spare them the humiliation or risk entailed by court appearances. The media will also be restricted from publishing or publicising the names or any information that would reveal the identity of a victim, except when publishing court judgements. The trial for rape shall conclude within three months. However, if the trial is not completed within three months then the case shall be brought to the notice of the Chief Justice of the High Court for appropriate directions. The new bill also ensures that sex workers are also included in the law's protection.See also
* Hudood *Bibliography
* Khan, Shahnaz. Zina and the Moral Regulation of Pakistani Women, Feminist Review, Volume: 75 issue: 1, page(s): 75-100, Issue published: December 1, 2003; Sage Journals,References
* * {{IslamismSA 1979 in law 1979 in Pakistan Law of Pakistan Repealed Pakistani legislation Sharia in Pakistan Women's rights in Pakistan Military government of Pakistan (1977–1988)