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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ICC punishes Mickey Arthur for showing ‘dissent’ after controversial decision. Get updates on human rights issues from around the globe. The appeal judgment of the Federal Shariah Court cleared the girl of the accusation of zina.
Please give now to support our work. A woman alleging rape was required to provide four adult male eyewitnesses of good standing tazkiyah-al-shuhood to “the act of penetration”. A number of international and Pakistani human rights organizations argue that Hudood Ordinance goes beyond what is required by sharia. KU workshop urges review of Hudood laws”.
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 This page was last edited on 27 Decemberat 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.
The Hudood Ordinances – Newspaper –
Human lass attorney Sadakat Kadri replies that “Kennedy reached that mistaken view” because he compared male and female “conviction statistics as though they were alike, ignoring the fact that most men would have been rapists, whereas the women would all have been rape victims or alleged consenting adulterers. Retrieved 19 November The Denial of Juvenile Justice in Pakistan. Provided that, in the case hudopd 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.
Under the ordinances, tazir punishments often involve flogging. No punishment under sub-section 3 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 comfirmed and executed, the convict shal be dealt with in the same manner as if sentenced to simple imprisonment.
December 31, News Release.
Inauguration ceremony of Mohmand dam postponed. In the case mentioned in sub-section 1the Court may order retrial. Lawd zina provisions of the law were 19799 controversial laes and critics alleged that there were “hundreds of incidents where a woman subjected to rape, or even gang rape, was eventually accused of zina ” and incarcerated.
December 24, Dispatches. He does not argue with statements such as “eight out of every ten women in jail today are those charged with the offence of Zina”. Retrieved 29 January 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.
Human Rights Watch urges President General Pervez Musharraf and members of the National Assembly to implement the recommendation and reject the current proposed amendments.
After a while the family arranges another match and she gets married. The New York Times.
Pakistan: Proposed Reforms to Hudood Laws Fall Short | Human Rights Watch
Join our movement today. Convict shall be medically examined before flogging to determine hurood the flogging should be “applied in such manner and with such intervals” that it does not kill the offender being flogged. Prohibited sexual activities, including rape zina bil jabrbecame religious offenses, subject to different evidentiary standards and punishment and the appellate jurisdiction of Islamic higher courts.
By using this site, you agree to the Terms of Use and Privacy Policy. It specifies that whips shall be made of leather, or a cane or a branch of a tree, be no longer than 1.
Oridnance to override other Laws. Zafran Bibi, who is about 26, is in solitary confinement in a death-row cell.
Pakistan: Proposed Reforms to Hudood Laws Fall Short
For the purposes of this section and section 14 “illicit intercourse” means sexual inter-course hhdood persons not united by marriage. The political party landscape remains wracked with judicial complications and ongoing accountability pressures.
The evidence of guilt was there for all to see: Some of these countries have since repealed the law of stoning. Whoever kidnaps or abducts any person in order that such person may be subjected, 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 a term which may extend to 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.
Retrieved 5 May Inthen President Pervez Musharraf again proposed reform of the ordinance. Archived from the original on 29 December Dear reader, online ads enable us to deliver the journalism you value. July 7, News Release.
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 hjdood.
Provided that, if the accused is a non-Muslim, the Presiding Officer may be a non-Muslim. Penetration is sufficient to constitute the sexual intercourse necessary to the offence of Zina.