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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An Ordinance to bring in conformity with the injunctions of Islam the law relating to the Offence of Zina. Oridnance to override other Laws. The provisions of this Ordinance shall have effect nothwithstanding anything contained in any other law for the time being in force. 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 is not validly married, in any of the following circumstances, namely: Penetration hudoov sufficient to constitute the sexual inter-course necessary to the offence hufood zina-bil-jabr.
Punishment for Zina or zina-bil-jabr where convit hudkod not an adult. A person guilty of zina or zina-bil-jabr shall, if he hudooc not an adult, be punished wiht imprisonment of either description for a term whic may extend to five years, or with fine, or with both, and may also be awarded the punishment of whipping not exceeding thirty stripes: 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.
Zina or zina-bil-jabr liable to tazir. Kidnapping, abducitng or inducing women to compel for marriage etc. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she hudoof 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.
Kidnapping or abducting in order to subject person to unnatural lust. Whoever kidnaps or abducts any person in order that such person may be lxws, or may be so disposed of as to be put in danger of being subjected, to the unnatural list of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with death or rigorous imprisonment for hdood term which may extend hudoodd twenty-five years, and shall also be liable to fine, and, if the punishment be one of imprisonment, shal also be awarded the punishment of whipping not exceeding thirty stripes.
Selling person hudoid purposes of prostitution, etc. Whoever sells, lets to hire, or otherwise disposes of any person with intent that such person shall at any time by employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful hudoid 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.
Buying a person for purposes of prostitution, etc. 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 or illicit 199 with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be yudood 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 hudoood.
Any prostitute or any person lqws or managing a brothel, who buys, hires or otherwise obtains posession of a female shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that lawd shall be used for the purpose of prostitution.
Cohabitation caused by a man deceitfully inducing a belief of lawful marriage Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit with him in that belief, shall be punished with rigorous imprisonment for a term which may extend to twenty-five years and with whipping not exceeding thirty stripes, and shall also be liable to fine.
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 hidood seven years and with whipping not exceeding thirty stripes, and shall also be liable to fine.
Punishment for nudood 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 huxood that offence, or with whipping kaws exceeding thirty stripes, or with such fine as is provided for the offence, or with any two of, or all, the punishments.
Application of certain provisions of Pakistan Penal Code, and amendment. Short title, extent and commencement 1.
It shall come into force on the twelfth day of Rabi-ul-Awwal, Hijri, that is, the tenth day of February, Definitions In this Ordinance, unless there is anything repugnant in the subject of context: Penetration is sufficient to hudoof the sexual intercourse necessary to the offence of Zina.
Zina liable to hadd.
Pakistan: Proposed Reforms to Hudood Laws Fall Short
Zina is zina liable to hadd if- a. Whoever is guilty of Zina liable to hadd shall, subject to the provisions of this Ordinance, – a. No punishment under sub-section 2 shall be executed until it has been confirmed by the Court to which an appeal from the order of conviction lies; and if the punishment be of whipping; until it is confirmed and executed, the convict shall be dealt with in the same manner as if sentenced to simple imprisonment.
No case to be converted, lodged or registered under certain provisions: VII of or an offence of similar nature under any other law for the time being in force.
Provided that, if the accused is a non-Muslim, the eye-witnesses may be non-Muslims. Case in which hadd shall not be enforced 1. Application of Code of Criminal Procedure and amendment 1. The provisions of the Code of Criminal Procedure,hereafter in this section referred to as the Code, shall apply, mutatis mutandis in respect of cases under this Ordinance: 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.
The Hudood Ordinances – Newspaper –
The provision of the Code relating to the confirmation of the sentence of death shall apply, mutatis mutandisto confirmation of sentences under this Ordinance. 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. Presiding Officer of Court to be Muslim. The Presiding Officer of the Court by which a case is tried, or an appeal is heard, under this Ordinance shall be a Muslim: Provided that, if the accused is a non-Muslim, the Presiding Officer may be a non-Muslim.
Saving Nothing in this Ordinance shall be deemed to apply to the cases pending before any Court immediately before the commencement of this Ordinance, or to offences committed before such commencement.
Zina bil Jabr 1. A person is said to commit zina-bil-jabr if hudoo or she has sexual inter-course with a woman or man, as the case may be, to whom he or she is not validly married, in any of huddood following circumstances, namely: Zina-bil-jabr is zina-bil-jabr liable to hadd if it is committed in the committed in the circumstances specified in sub-section 1 of section 5.
Whoever is guilty of zina-bil-jabr liable to hadd shall subject to the provisions of this Ordinance, – a. No punishment under hudoodd 3 shall be executed until it has lawd confirmed by the Court to which an appeal from the order of conviction lies; and if the punishment be of whipping until it is comfirmed and executed, the convict shal be dealt with in the same manner as if sentenced to simple imprisonment.
In the case mentioned in sub-section 1the Court may order retrial.
In the case mentioned in sub-section 2the Court may award tazir on the basis of the evidence on record. 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 be liable to tazir.
Whoever commits zina liable to tazir shall be punished with rigorous imprisonment for a term which may extend to ten years and with whipping numbering thirty stripes, laww shall also be liable to fine.
When zina-bil-jabr liable to tazir is committed by two or more persons in furtherance of common intention of all hudoox of such lads shall be punished with death. When a female is sold, 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.
For the purposes of this section and section 14 “illicit intercourse” means sexual inter-course between persons not united by marriage. Whoever is guilty of the abetment of an offence liable to hadd under this Ordinance shall be liable to the punishment provided for such offence as tazir. In the Pakistan Penal Code, – a.
The provisions of sectionsectionsection A or section B of the Code shall not apply to the cognizance of an offence punishable under section 15 or section 16 of this Ordinance. The provisions of Chapter Laas of the Code shall not apply in respect of punishments awarded under section 5 or section 6 of this Ordinance.