Islam had considered the commission of illegitimate sexual intercourse a very great sin and a heinous crime. In the event that his guilt was proven, Islam had prescribed severe penalties for these criminals. Islam regarded fornication and adultery as crimes of equal gravity and made no distinction between the two in their nature as crimes against human society. However, the severity and penalties of the offence varied depending on the perpetrator`s marital status. If the offender was not married, the sentence was slightly less than that of the married offender. The offence was considered more serious in the latter case because such a person had legitimate means to satisfy his needs, but even then he preferred and resorted to illegal means. Since, according to Islamic decrees, the Zina commission is a recognizable crime, it not only prescribed severe penalties, but also introduced a number of means of re-education and prevention. Legal and dissuasive sanctions have been adopted as a last resort to curb the evil and purify society. Islam had provided for certain degrees forbidden in interpersonal relations by affinity, inbreeding and education, with the strict prohibition of talking about illegal sexual relations, even prenuptial. Sexual intercourse between persons who fell into the aforementioned established degrees of consanguinity or infinity or need for care was a very great sin.
The Holy Quran had given detailed and very clear instructions in this regard. For example, Islam had forbidden marriage with mother, daughter, granddaughter, sister, niece, adoptive mother, foster nurse, mother-in-law, daughter-in-law, etc. Incest in these prohibited relationship levels was considered a serious and undignified offense. The seriousness of this offence has been multiplied compared to that of zina simpliciter, when a person has been convicted of incest by convincing, reliable and reliable evidence. The Holy Quran had stressed that no clemency should be observed in the punishment of a man or woman convicted of committing Zina. Even marriage to a woman who fell within the forbidden degrees of marriage was void from the outset and was a major crime that would result in exemplary punishment. Reports about the suffering of women who claimed to have been raped appeared in the press in the years following the adoption of the Hudood Regulation, prompting protests from Pakistani activists and lawyers, as well as international human rights organizations. One case was that of Safia Bibi, a blind single woman from the north-west border who was prosecuted for her illegitimate pregnancy because of Zina, she was sentenced to 3 years in prison with 15 whiplash strips and a fine of 100 rupees under Tazir. Her rapist was acquitted. The judge ruled that there was not enough evidence to link it to rape.
[38] “The illegitimate child is not rejected by her and is therefore the proof of zina,” he said, referring to laws prohibiting sexual contact outside of marriage. In addition, he said, Ms. Zafran confessed to her crime by accusing her brother-in-law of raping her. [39] Human Rights Watch said Pakistan should ensure that it meets its obligations under the Convention on the Elimination of All Forms of Discrimination against Women, which calls on states to amend or abolish laws that discriminate against women. Human Rights Watch called on Pakistan to decriminalize adultery and consensual sex and introduce rules of evidence that give equal weight to the testimony of men and women. The 2006 Act now removed zina bil jabbar from the Zina Hudood Ordinance[17] and inserted sections 375 and 376 respectively on rape and punishment into the Pakistan Penal Code to replace it. [17] “Any redress for those accused under these unjust laws is welcome,” said Brad Adams, Asia director at Human Rights Watch. “But the proposed changes do not end discrimination. The Hudood regulations are fundamentally flawed and must be repealed in their entirety.
CONSIDERING that it is necessary to amend the existing Zina Law in order to bring it into line with the instructions of Islam as set forth in the Holy Qur`an and the Sunnah; Pakistan`s National Assembly is meeting this week to discuss amendments to the Hudood Regulations that would introduce minor procedural changes but fail to resolve fundamental problems with the laws. For example, a person charged under Hudood orders can now post bail. However, discriminatory provisions that criminalize sexual relations outside marriage, value women`s testimony as half that of a man, and do not recognize marital rape remain in force. Islamic Sharia punishments, including stoning, flogging and amputation for various offences, would also be maintained. [4] Law available at: pakistancode.gov.pk/english/index The purpose of the Hudood Act was to enforce Sharia law or bring Pakistani law “into conformity with the decrees of Islam” by applying the penalties mentioned in the Quran and Sunnah for zina (extramarital sex),[3] qazf (Zina`s false accusation), theft and alcohol consumption. The system provided for two types of offences – hadd and tazir – with different penalties. Hadd (fixed sentence) offences require a higher standard of proof than tazir (discretionary penalty) and their penalties are more severe. [4] Attention to the decree and proposals for its revision were given by a number of government-appointed commissions, a weeks-long televised debate on “No debate on Hudood Allah (the laws of Allah as prescribed in the Qur`an and Sunnah) – is the Hudood regulation (the human interpretation of Allah`s law) Islamic?” on Geo TV and a workshop by the University`s Department of Public Administration of Karachi in 2005. [53] A triple talaq is pronounced. The woman returns to her parents.
She goes through her iddat period. After a while, the family organizes another game and she gets married. The husband then claims that without confirmation of the divorce by the local authorities, the marriage is not terminated and initiates zina prosecution. It is necessary to remove this definition [of valid marriage] in order to close this door. [40] [41] The Zina provisions of the law were particularly controversial,[5] and critics claimed that there had been “hundreds of incidents in which a woman who was raped or even gang-raped was ultimately charged with Zina” and imprisoned. The 2006 laws were corrected and excused women who could not prove rape. [6] [7] [3] “Pakistan Penal Code”. 2016. Pljlawsite.Com. www.pljlawsite.com/html/ppc377.htm. The Hudood Ordinances — a series of laws criminalizing adultery and extramarital sex, including rape, among others — were enacted in 1979 and led to the imprisonment of thousands of women for so-called “honor killings.” Laws have prevented most victims of sexual assault from seeking redress through the criminal justice system, treating them as unlawful sexual intercourse rather than victims of unlawful violence or abuse. Available at: www.pakistani.org/pakistan/legislation/1860/actXLVof1860.html introduction of sections 11 and 28 of the Protection of Women (Criminal Law Amendment) Act 2006 constitutes unwarranted interference with the legislative sphere and therefore unlawful interference with Hudood.
The provisions of Articles 11 and 28 of the Protection of Women (Amendment to the Penal Code) Act 2006 violate the Constitution and Islamic decrees. Section 3 of the Zina Offence (Hudood Application) Ordinance 1979 and page 19 of the Qazf Offence (Hadd Application) Ordinance 1979 are deemed not to have been repealed and are considered a valid and essential part of the two Hudood Acts. The Federal Sharia Court has ordered that this declaration take effect on 22 June 2011, at which time the Federal Government is expected to take the necessary steps to amend the challenged laws in accordance with this declaration that the impugned provision will cease to apply and this judgment of the Federal Sharia Court will enter into force on 22.6.2011. Officially known as: “Qazf Offence (Hudood Enforcement) Ordinance 1979”. It described the crime of making Zina`s false accusation (fornication and adultery), either in writing, orally, or “by visible representations,” with intent to cause harm and without presenting four witnesses in court in support of the charges, or who “as determined by the court” a witness made false statements about Zina`s commission or rape. or if a complainant has made a false accusation of rape; [18] On October 7, 2016, Pakistan`s parliament unanimously passed a new law against rape and honor killings. The new laws introduced harsher penalties for the perpetrators of these crimes. [62] Under the new anti-rape law, DNA testing has been made mandatory in rape cases. [63] Sabotage or disruption of the work of a police officer or government official could result in a 1-year jail sentence under the new law. Public servants who use their official position to commit rape (e.g.