This set of laws, enacted in 1979, makes rape victims liable to prosecution, and has led to. Whereas it is necessary to modify the existing law relating to zina so as to bring it in. Enforcement of hadd ordinance, 1979 ordinance viii of 1979 section 6. Offences against property liable to hadd must be theft of something nisab level of value, i. The offence of zina enforcement of hudood ordinance, 1979 pages contents preamble 1 short title, extent and commencement 2 definitions 3 ordinance to override other laws 4 zina 5 zina liable to hadd 6 zina biljabr 7 punishment for zina or zina biljabr where convict is not an adult 8 proof of zina or zina biljabr liable to hadd 9 case in which hadd shall not be enforced. Offence of zina enforcement of hudood ordinance, 1979. Enforcement of hadd ordinance 1979,26 the prohibition enforcement of hadd ordinance 1979,27 the offence of zina enforcement of hudood ordinance 197928 and the offence against property enforcement of hudood ordinance 1979. As part of that, a comprehensive hudood ordinance was enacted, which included the offence of zina enforcement of hudood ordinance, vii of 1979. Offences against property enforcement of hudood ordinance, 1979.
This ordinance may be called the offence of zina enforcement of hudood ordinance, 1979. In the late 1970s, provisions were introduced to bring the penal code in pakistan into conformity with sharia. The offence of zina enforcement of hudood ordinance, 1979 the offence of zina enforcement of hudood ordinance zina ordinance repealed almost all sections of the pakistan penal code, which had governed sexual offenses including rape, and replaced them with its own ostensibly islamic provisions. But, there are five 5 ordinances related to hudood. The offence of zina enforcement of hudood ordinance, 1979 is getting criticism and objections only because of handling of hudood cases by police in such a manner, the chief justice observed during suo motu hearing of the complaint of nasreen mai. These punishments were rarely applied in premodern islam, and their use in some modern states has been a source of controversy. May 01, 20 the offence of zina enforcement of hudood ordinance, 1979 is getting criticism and objections only because of handling of hudood cases by police in such a manner, the chief justice observed during suo motu hearing of the complaint of nasreen mai.
The most controversial of these are the two laws pertaining to sexual offences, i. Coupled with the introduction of the hudood ordinances, the zia regime also introduced judicial reforms which restructured pakistans higher judiciary. The offences against property enforcement of hudood vi. Nature of family law in pakistan linkedin slideshare. The 2006 act has now deleted zina bil jabbar from the zina hudood ordinance and inserted sections 375 and 376 for rape and punishment respectively in the pakistan penal code to replace it. Hudood was the least covered part and the speaker only made two or three points in which he pointed out that the hudood ordinance allowed for a women who was raped to file a case under tazir. The offences against property enforcement of hudood ordinance, 1979 allpakistan legal decisions pld, 1979 central statutes 44. A union council constituted under this ordinance for a local area shall be the successor of such union. In the religion of islam it refers to punishments that under islamic law are mandated and fixed by god. In the religion of islam it refers to punishments that under islamic law shariah are mandated and fixed by god. Shortly after coming into power in 1979, general zia ulhaq began to islamize the pakistan legal system. Leading judgments in cases relating hudood ordinance, 1979. The hudood law was intended to implement islamic sharia law, by enforcing punishments for zina extramarital sex, qazf false accusation of zina, theft and the consumption of alcohol.
However, these documents have never been able to make a difference to. P l d 1999 supreme court 1063 shariat appellate jurisdiction. Hudood set of hadd punishments as prescribed under islam for offences committed zina consensual sex, including fornication premarital or adultery extramarital zinabiljabr rape under hudood offence of zina ordinance, 1979, literally translating into. Doing so was risky as the victim was charged with adultery if she was unable to produce the witnesses. Originally, shariat benches were grafted to the high courts, the former institutions designed in part to hear appeals generated by the operation of the hudood ordinances. This article specifically examines the impact of one of these provisions, the offense of zina enforcement. Zina enforcement of hudood ordinance 1979 which is a positive development. One measure used to convert pakistan into an islamic state was the introduction of hadd offensesthose offenses for which the quran prescribed fixed punishmentsinto the criminal law.
An evaluation version of novapdf was used to create this pdf file. Amendment in hudood laws the protection of womens rights bill. In this ordinance, unless there is anything repugnant in the subject of context. The offence of zina enforcement of hudood ordinance, 1979. One measure used to convert pakistan into an islamic state was the introduction of hadd offensesthose offenses. Hudood law 1979 pdf offences against property enforcement of hudood ordinance, 2 it extends to the whole of pakistan. The report talks about plans of action, including a national child protection policy. Hudood ordinance 1979 pdf offences against property enforcement of hudood ordinance, 2 it extends to the whole of pakistan. Purchase a license to generate pdf files without this. This ordinance may be called the offence of qazf enforcement of hadd ordinance, 1979. Falling under this offence carries a lesser sentence in the form of a tazir discretionary conviction. In this ordinance, unless there is anything repugnant in the subject or context. Feb 07, 2015 relevant legislation guardians and wards act, 1890 child marriage restraint act, 1929 dissolution of muslim marriages act, 1939 muslim family laws ordinance, 1961 west pakistan muslim personal law shariat application act, 1962 west pakistan family courts act, 1964 offence of zina enforcement of hudood ordinance, 1979 law of evidence. The offence of zina enforcement of hudood ordinance 1979.
The hudood ordinances urdu also romanized hadood, hadud, hudud. An ordinance to bring in conformity with the injunctions of. Forced marriages and inheritance deprivation in pakistan. The previous law on rape, the repealed offence of zina enforcement of hudood ordinance, 1979 the zina ordinance, provided in section 61, the definition of zina bil jabr as a person is said to commit zinabiljabr if he or she has sexual intercourse with a woman or man, as the case may be, to whom he or she is not validly. The capital territory local government ordinance, 1979. Wellcalculated attempts are, however, being made to let the public believe that the bill is intended to redress the injustices, which the hudood ordinance had. In practice the authorities rarely prosecute cases, but police use the laws for harassment and extortion. Relevant legislation guardians and wards act, 1890 child marriage restraint act, 1929 dissolution of muslim marriages act, 1939 muslim family laws ordinance, 1961 west pakistan muslim personal law shariat application act, 1962 west pakistan family courts act, 1964 offence of zina enforcement of hudood ordinance, 1979 law of evidence. Report of the national commission on the status of women on hudud ordinance 1979, p. Whereas it is necessary to modify the existing law relating to prohibition of intoxicants so as to bring it in conformity with the injunctions of islam as set out in the holy quran and sunnah.
Enforcement of hudood ordinance of 1979 criminalises any form of penetration outside of a conventional understanding of heterosexual sexual contact. Government must honor pledge to table womens protection bill. Under the controversial hudood ordinance, brought in under gen ziaulhaq from 1979, a rape victim had to provide four male eyewitnesses to the crime. The offences against property enforcement of hudood vi of. The bill seeks to amend the heavily criticised hudood ordinance laws which govern the punishment for rape and adultery. Prohibition enforcement of hadd order, 1979 presidents order 4 of 1979 section 9. This took the shape of the hudood ordinance 1979, which covers theft. The offence of zina enforcement of hudood ordinance from 1979 specifies penalties for various acts described as crimes against. On the 22 february 1979 the prophets birthday, amidst much fanfare and media buildup, the first concrete step towards islamization was announced by the military government. The ordinance was most criticized for making it exceptionally difficult and dangerous to prove an allegation of rape.
Kennedy on february 10, 1979, president ziaulhaq promul gated four ordinances, collectively referred to as the hudood ordi nances singular, hadd, which were crafted to make significant revisions in pakistans criminal law system. Implementation of the hudood ordinances, 28 asian surv. This publication is part of wars legal education program. It replaced parts of the secular, britishera pakistan penal code, adding new criminal offences of adultery and fornication, and new punishments of. Pdf the federal shariat courts role to determine the. Section 10 2offence of zina enforcement of hudood ordinance zina pregnancy alone, whether sufficient to convict a woman for zina muhammad, 316a. Officially known as the offences against property enforcement of hudood ordinance vi of 1979. The offence of qazf enforcement of hudood ordinance of 1979.
It replaced parts of the britishera pakistan penal code, adding new criminal offences of adultery and fornication, and new punishments of whipping, amputation. Hudood legislation to be relevant to homosexual acts ilga, n. 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 1979. It replaced parts of the britishera pakistan penal code, adding new criminal offences of adultery and fornication, and new punishments of whipping, amputation, and. The country has seen numerous policies and plans of action over a long period.
The offence of qazf enforcement of hadd ordinance, 1979. Whoever by words either spoken or intended to be read, or by signs or by visible. Hudood is plural of hadd, a few boundary limits for the lawful and unlawful from god. Originally, shariat benches were grafted to the high courts, the former institutions designed in part to hear appeals generated by. Failure to do so would open the way to her being charged with adultery. Hudoodlegislation to be relevant to homosexual acts ilga, n. Offence of qazf ordinance, 1979 ordinance vii of 1979 section 8. Qazf false accusation of fornication or adultery ordinance. An ordinance to bring in conformity with the injunctions. The offence of zina enforcement of hudood ordinance, 1979 ordinance no vii of 1979 9th february 1979 an ordinance to bring in conformity with the injunctions of islam the law relating to the offence of zina. Eyewitness testimony is the only acceptable evidence required for sexual assault, according to the ordinance. Abstract shortly after coming into power in 1979, general zia ulhaq began to islamize the pakistan legal system.
The offence of zina enforcement of hudood ordinance from 1979 specifies penalties for. Also note that the hudood ordinance is usually taken to mean the offense of zina enforcement of hudood ordinance, 1979. Enforcement source material of the hudood ordinance, 1979 14 appendix 1. Pakistans notorious hudood ordinances were promulgated in 1979 by the military regime of general ziaul haq. Full text of the case of hudood ordinances by shaykh. The zina hudood ordinance of pakistan and its implications for women, 7 j. The federal shariat court fsc of pakistan has been granted extensive power to determine validity of any law or custom having the force of law on the yardstick of injunctions of islam. The hadd punishments are specific, fixed penalties laid down by allah for specified transgressions or crimes. Some estimates indicate that since 1979, hundreds of victims have.
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