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 The introduction of these laws resulted in the offences of rape and. 7. See Offences Against Property (Enforcement of Hudood) Ordinance () ( Pak.) (prohibiting theft); Prohibition (Enforcement of Hadd) Order () (Pak.).
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Marital rape, too, was no longer considered a crime. Penetration is sufficient to constitute the sexual inter-course necessary to the offence of zina-bil-jabr.
The Offence of Zina (Enforcement Of Hudood) Ordinance,
March 2, Commentary. December 13, Dispatches. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit inter-course, or knowing it to be likely that she will be forced or seduced to illicit inter-course, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine; and whoever by means of criminal intimidation as defined in the Pakistan Penal Code, or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit inter-course with another person shall also be punishable as aforesaid.
Qazf does not require such strong evidence. Kennedy states that “clearly the perception that Zia’s program significantly discriminated against women’s rights is fundamentally flawed”. Whoever is guilty of Zina liable to hadd shall, subject to the provisions of this Ordinance, – a.
The ordinance also abolished Pakistan’s statutory rape law.
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. Definitions In this Ordinance, unless there is anything repugnant in the subject of context: It specifies that whips shall be made of leather, or a cane or a branch of a tree, be no longer than 1.
The laws rendered most sexual assault victims unable to seek redress through the criminal justice system, deeming them guilty hudoos illegal sex rather than victims of unlawful violence or abuse. Case in which hadd shall not be enforced 1.
Whoever commits zina liable to tazir shall be punished with rigorous imprisonment for a term which may extend to ten years and with whipping numbering thirty stripes, and shall also be liable to fine. BOTH decision and timing are scarcely believable and will surely give more ammunition to those quarters denouncing Retrieved 5 May 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: Zina bil Jabr 1 A person is said to commit zina-bil-jabr if he or she has sexual inter-course with a woman or man, as the case may be, to whom he or she is not validly married, in any of the following circumstances, namely: One case was that of Safia Bibi, an unmarried blind woman from the northwest hudodo who was prosecuted for zina because of her illegitimate pregnancy.
The dimensions of human misery If anyone says that she was punished because of Qazaf false accusation of rape then Qazaf Ordinance, Clause no. Kidnapping, abducitng or inducing women to compel for marriage etc.
Stories of suffering by women who claimed to have been raped appeared in the press hudoos the years following the passing of the Hudood Ordinance stirring protests by Pakistani activists and lawyers and international human rights organizations.
Kidnapping or abducting in order to subject person to unnatural lust. December 18, Report.
Pakistan is once again at a critical juncture of political transition. In hudood Pakistan Penal Code, – a. Inauguration ceremony of Mohmand dam postponed.
Flogging may be postponed if the offender is ill, pregnant, or if the weather is too cold, etc. 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 to hadd has not been awarded to the complainant, or for which hadd may not be enforced under this Ordinance, shall be liable to tazir. Otherwise, the courts have hudlod consistent standards of proof for rape.
Provided that, in the case of 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.
Trio accused in JIT report reject findings, claim innocence. Retrieved 29 January Updated December 30, Pressure on paw press A government-controlled body to run the affairs of newspapers is not in sync with the modern concepts of rule.