Pakistan’s notorious Hudood Ordinances were promulgated in by the military regime of General Ziaul Haq. The most controversial of. Coupled with the introduction of the Hudood Ordinances, the. Zia regime also introduced judicial reforms which restructured. Pakistan’s higher judiciary. “Legal Injustices: The Zina Hudood ordinance of Pakistan and its implications for women,” Journal of International Women’s Studies 7, no.
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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.
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. The Presiding Officer of the Court by which uudood case is tried, or an appeal is heard, under this Ordinance shall be a Muslim: The laws rendered ordinabce 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.
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From Wikipedia, the free encyclopedia. Punishment for Zina or zina-bil-jabr ordinnce convit is not an adult. The Hudood Laws of Pakistan”. Selling person for purposes of prostitution, etc. For example, a person charged under the Hudood Ordinances will now be able to post bail. The government has called the legislation “historic” and says that it does not go against the tenets of Islam.
The appeal judgment of the Federal Shariah Court cleared the girl of the accusation of zina. Kennedy states that “clearly the perception that Zia’s program significantly discriminated against women’s rights is fundamentally flawed”. A woman alleging rape was required to provide four adult male eyewitnesses of good standing tazkiyah-al-shuhood to hudood act of penetration”. Inauguration ceremony of Mohmand dam postponed. The Women’s Protection Bill Urdu: Please give now to support our work.
The Hudood Laws
The provisions of Chapter XXIX of the Ordinanfe shall not apply in respect of punishments awarded under section 5 or section 6 of this Ordinance. December 31, Economic direction? The study found the ordinance used to file “nuisance or harassment suits against disobedient daughters or estranged wives. Another scenario for some of the accusations of adultery leading to imprisonment was following divorce by the husband and remarriage by the ex-wife.
Women’s Protection Bill
One case was that of Safia Bibi, an unmarried blind woman from the northwest frontier who was prosecuted for zina because of her illegitimate ordinnance.
Whoever is guilty of Zina liable to hadd shall, subject to the provisions of this Ordinance, – a.
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. Islamism in South Asia. Statutory rape, previously defined as sex with or without the consent of a girl under the age of 14, was no longer a crime, meaning that girls could be charged for engaging in illicit sex if they had reached puberty.
Under the Hudood Ordinancewomen were routinely jailed for adultery on flimsy evidence, often when a former husband refused to recognise a divorce.
The provision of the Code relating to the confirmation of the sentence of death shall apply, mutatis mutandisto confirmation of sentences under this Ordinance. 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.
This article is part of a series about Muhammad Zia-ul-Haq. The system provided for two kinds of offences — hadd and tazir — with different punishments to go with them. Such cases have been less frequent in recent years, although the risk remains. Cheema, Cases and Controversies: On the other hand, the bill has been fiercely criticised by Islamist groups in Pakistan,  and religious parties boycotted the parliamentary vote on the bill on the basis that it was inaugurating an era of “free sex.
According to Mufti Taqi Usmaniwho was instrumental in the creation of the ordinances:. In the Pakistan Penal Code, – a. Human rights groups and activists in Pakistan have also criticized the bill, with one group complaining: If anyone says that she was punished because of Qazaf false accusation of rape then Qazaf Ordinance, Clause no.
These laws created six distinct categories of sexual offences and assigned punishments for each: