ordinances (collectively referred to as the ‘Hudood [ Hud?d ]. Ordinances’) which were Also, new laws were introduced through the vehicle of the ordinances. THE HUDOOD LAWS 65 basic needs. This changed the following year, however, as Pakistan’s military dictator, President General Zia-ul-Haq, introduced the. (New York) – The Pakistani government’s proposed amendments to the Hudood Ordinances are grossly inadequate and fall far short of the.
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Pakistan: Reform Hudood Laws Now
Kennedy states that “clearly the perception that Zia’s program significantly discriminated against women’s rights is fundamentally flawed”. Rape, now referred to as zina-bil-jabr, was similarly made liable to either the hadd or the tazir penalty depending on the type of proof available. Human rights attorney Sadakat Kadri replies that “Kennedy reached that mistaken view” because he huvood male and female “conviction statistics as though they were alike, ignoring the fact that most men gudood have been rapists, whereas the women would all have been rape victims or alleged consenting adulterers.
The laws rendered most 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. December 18, Report. A woman alleging rape was required to provide four adult male eyewitnesses of good standing tazkiyah-al-shuhood to “the act of penetration”.
Crime and Punishment in Islamic Law: A woman’s own evidence that she is raped carries no value. kaws
Views Read Edit View history. December 31, News Release.
Currently, the only guaranteed way to obtain a rape hudood is if the accused confesses or there are four adult male witnesses to the act of penetration. Skip to main content.
This is to discourage one step of humiliation of women. In September, the party backed by Musharraf, the Pakistan Muslim League, reached an agreement with the moderate opposition Pakistan Peoples Party PPP to make procedural changes to the Hudood Ordinances that would permit rape victims to file charges under the criminal law instead of religious law, which requires producing four male witnesses to guarantee proving rape.
These laws created six distinct categories of sexual offences and assigned punishments for each:. ONE has to look harder and harder to discern the economic message and direction of the government. 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. According to Mufti Taqi Usmaniwho was instrumental in the creation of the ordinances:. Cheema, Cases and Controversies: This article is part of a series about Muhammad Zia-ul-Haq.
Pakistan: Reform Hudood Laws Now | Human Rights Watch
For example, under the Zina Ordinance, zina was liable to a hadd penalty if the accused confessed before the trial court or if there were four adult Muslim male witnesses who met an Islamic test of probity, i. Because the promulgation of the Zina Ordinance entailed the abolition of Pakistan’s statutory rape law, girls as young as hkdood have been prosecuted for having extra-marital intercourse under circumstances that would previously have mandated statutory rape charges against their assailant.
December 18, News Release. Most Shared December 14, Dispatches.
Pakistan: Proposed Reforms to Hudood Laws Fall Short | Human Rights Watch
By then they had spent many years in jail, were ostracized by their families, and had become social outcasts. Help us continue to fight human rights abuses. 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?
No court of law can be in its right mind to award such a punishment. Pakistan’s previous rape laws, repealed by the Zina Ordinance, had defined rape as compulsory yudood intercourse.
It was restored in stages between November and Marchand although it contains provisions guaranteeing equality before law and prohibiting discrimination on the basis of sex alone, the Hudood Ordinances have been permitted to co-exist.
The husband then claims that sans the confirmation of divorce by the local authorities the marriage is not over and launches a zina prosecution. Though this legislation does not redress all the problems introduced by the Hudood Ordinances, substantial changes have been made, which is a step in the right direction.
July 7, News Release. After a while the family arranges another match and she gets married. One case was that of Safia Bibi, an unmarried blind woman from the northwest frontier who was prosecuted for zina because of her illegitimate pregnancy.