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.
|Published (Last):||27 May 2015|
|PDF File Size:||18.16 Mb|
|ePub File Size:||1.86 Mb|
|Price:||Free* [*Free Regsitration Required]|
Dear reader, please upgrade to irdinance latest version of IE to have a better reading experience. One non-classical feature is that Hadd punishments can only be carried out after an appeal to the Federal Shariat Court has failed. The Hudood Ordinances are fundamentally flawed and must be repealed in their entirety.
Bangladesh’s Sheikh Hasina set for landslide win as opposition demands new vote. The reforms have come under considerable opposition from Islamist groups in Pakistan, who insist that law should stay following the sharia.
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. 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.
Under the ordinances, tazir punishments often involve flogging. 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.
Any prostitute or any person keeping 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 she shall be used for the purpose of prostitution. In addition, Human Rights Watch said that Pakistan should improve support services such as shelters and burn units for women, raise public awareness about the laws and better train police to deal with victims of sexual assault.
Retrieved 19 November 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: This risk of imprisonment, it is contended, has kept many women from trying to bring their attackers to justice.
July 7, News Release.
Pakistan: Proposed Reforms to Hudood Laws Fall Short
These laws created six distinct categories of sexual offences and assigned punishments for each:. He then introduced a ordknance 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.
Because of this hudoid 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. However, if the evidence requirement for zina liable to hadd is not met but the crime is proven beyond a reasonable doubt then the tazir punishment of imprisonment for up to ten years can be given. Attention to the Ordinance and suggestions for revising it were given by a number of government appointed commissions, a televised 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?
Human rights groups and activists in Pakistan have also criticized the bill, with one ordinxnce complaining: Zina bil Jabr ordinace.
Other legal experts have claimed that the original law was not so unbalanced as its opponents claimed or that the reforms will be impossible to enforce. Her rapist was acquitted. Such cases have been less frequent in recent years, although the risk remains. Inauguration ceremony of Mohmand dam postponed. Retrieved from ” https: If anyone says that she was punished because of Qazaf false accusation of rape then Qazaf Ordinance, Clause no. Buying a person for ordinane of prostitution, etc.
It is necessary to delete this definition [of a valid marriage] to shut this door.
Women’s Protection Bill
The introduction of these laws resulted in the offences of rape and adultery in the Pakistan Penal Code PPC to be repealed as they were substituted by these offences.
Help us continue to fight human rights abuses. The Women’s Protection Bill Urdu: Retrieved 19 November Kennedy states that “clearly the perception that Zia’s program significantly discriminated against women’s rights is fundamentally flawed”. 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 ordinancs false accusation hudod rape; .
Qazf does not require such strong evidence. However, in practice, these safeguards have not always worked.
Views Read Edit View history. The provisions of Chapter XXIX of the Huvood shall not apply in respect of punishments awarded under section 5 or section 6 of this Ordinance. Inthen President Pervez Musharraf again proposed reform of the ordinance. The Bill removes the right of police to detain people suspected of having sex outside of marriage, instead requiring a formal accusation in court.
The Ordinanc Ordinances, enacted by military ruler Zia ul-Haq incriminalise adultery ordinqnce non-marital consensual sex. The most controversial of the four ordinances,  it has several distinct categories of sexual offences and assigned punishments for each:. After General Zia ul-Haq came to power in through a military coup in Pakistan, he imposed and suspended all fundamental rights guaranteed in the Constitution, including the right to be free of discrimination on the basis of sex.
Ordinwnce Rights Watch urges President General Pervez Musharraf and members of the National Assembly to implement the recommendation and reject the current proposed amendments. The evidence of guilt was there for all to see: Under the changes, adultery and non-marital consensual sex is still an offence but now judges would be allowed to try rape cases in criminal rather than Islamic courts.
By then they had spent many years in jail, were ostracized by their families, and had become social outcasts.
Women’s Protection Bill – Wikipedia
It replaced parts of the British-era Pakistan Penal Codeadding new criminal offences of adultery and fornicationand new punishments of whippingamputationand stoning to death. The New York Times.
A number of international and Pakistani human rights organizations argue that Hudood Ordinance goes beyond what is required by sharia. 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 hucood hadd has not been awarded to the complainant, or for which hadd may not be enforced under this Ordinance, shall be liable to tazir.
No punishment under sub-section 3 shall be executed until it hudoos 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 comfirmed and executed, the convict shal be dealt with in the same manner as if sentenced to simple imprisonment. Pakistan must own the FATF project. The provision of the Code relating to the confirmation of the sentence of death shall apply, mutatis mutandisto confirmation of sentences under this Ordinance.