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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Most Viewed August 21, Dispatches. The evidence of guilt was there for all to see: 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.
EngvarB from July Use dmy dates from July All articles with unsourced rodinance Articles with unsourced statements from September Retrieved 5 May The most controversial of the four ordinances,  it has several distinct categories of sexual offences and assigned punishments for each:. Retrieved 18 November Get updates on human rights issues from around the globe.
The provision of the Code relating to the confirmation of the sentence of death shall apply, mutatis mutandisto confirmation of sentences under this Ordinance. December 18, News Release.
She goes through her period of iddat. The Hudood Ordinances are fundamentally flawed and must be repealed in their entirety.
However, in practice, these safeguards have hudodo always worked. Oridnance to override other Laws. Kennedy states that “clearly the perception that Zia’s program significantly discriminated against women’s rights is fundamentally flawed”.
The woman returns ordinancw her parental home. KU workshop urges review of Hudood laws”. The Presiding Officer of the Court by hidood a case is tried, or an appeal is heard, under this Ordinance shall be a Muslim: 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 Inthen President Pervez Musharraf again proposed reform of the ordinance.
Under the Hudood Ordinancewomen were routinely jailed for adultery on flimsy evidence, often when a hudlod husband refused to recognise a divorce. Another scenario for some of the accusations of adultery leading to imprisonment was following divorce by the husband and remarriage by the ex-wife. Join our movement today. For robbery liable to haddthe right hand of the offender and his left foot should be amputated by a surgeon.
Retrieved 21 November In addition, for the first time in Pakistan’s history, fornication non-marital sex became illegal. The Pakistani Constitution was re-instated insubject to substantial amendments, by Zia ul-Haq, only to be suspended again by the military government in October Under haddeyewitnesses evidence of the act of penetration by “at least four Muslim adult male witnesses”, about whom “the court is satisfied”, that “they are truthful persons and abstain from major sins kabair ” tazkiyah orsinance.
July 7, News Release.
Skip to main content. The reforms have come under considerable opposition from Islamist groups in Pakistan, who insist that law should stay following the sharia. Bythere were Retrieved 17 November The Hudood Ordinances, enacted by military ruler Zia ul-Haq incriminalise adultery and non-marital consensual sex. Some of these countries have since repealed the law of stoning.
Human Rights Watch called on Pakistan to decriminalize adultery and non-marital consensual sex and adopt rules of evidence that give equal weight to testimony given by men and women. The New York Times.
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 punishable by imprisonment for up to five years and a fine. Zina is zina liable to hadd if- a.
Pakistan: Proposed Reforms to Hudood Laws Fall Short | Human Rights Watch
In the case mentioned in sub-section 1the Court may order retrial. It described the offence of false accusation of Zina fornication and adultery either written, verbal or “by visible representations”, with intent to cause harm, and without producing four witnesses in support of the accusation before the Court, or who “according to the finding of the Court”, a witness has given false evidence of the commission of zina or rape, or when a complainant has made a false accusation of rape; .
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. Selling person for purposes of prostitution, etc. He then introduced a series of laws that codified women’s status as subordinate in law, including the Hudood Ordinances and the Qanun-e-Shahadat Order Law of Evidence Orderwhich relegated women to inferior legal status and, in some circumstances, rendered their testimony to half the weight of a man’s.
Qazf does not require such strong evidence. 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.
Zina or zina-bil-jabr 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, and shall also be liable to fine.
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.
Provided that, if the accused is a non-Muslim, the eye-witnesses may be non-Muslims. A number of international and Pakistani human rights organizations argue that Hudood Ordinance goes beyond what is required by sharia.