HUDOOD LAW 1979 PDF

Help us continue to fight human rights abuses. Please give now to support our work. 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. For example, a person charged under the Hudood Ordinances will now be able to post bail. The Hudood Ordinances are fundamentally flawed and must be repealed in their entirety.

Author:Gagal Bakus
Country:France
Language:English (Spanish)
Genre:Career
Published (Last):20 July 2017
Pages:283
PDF File Size:8.8 Mb
ePub File Size:1.78 Mb
ISBN:256-8-67727-920-7
Downloads:63134
Price:Free* [*Free Regsitration Required]
Uploader:Kagalkis



An Ordinance to bring in conformity with the injunctions of Islam the law relating to the Offence of Zina. Order No. Oridnance to override other Laws. The provisions of this Ordinance shall have effect nothwithstanding anything contained in any other law for the time being in force.

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:- a against the will of the victim; b without the consent of the victim; c with the consent of the victim, when the consent has been obtained by putting the victim in fear of death or of hurt; or d with the consent of the victim , when the offender knows that the offender is not validly married to the victim and that the consent is given because the victim believes that the offender is another person to who the victim is or believes herself or himself to be validly married.

Explanation: Penetration is sufficient to constitute the sexual inter-course necessary to the offence of zina-bil-jabr. Punishment for Zina or zina-bil-jabr where convit is not an adult. A person guilty of zina or zina-bil-jabr shall, if he is not an adult, be punished wiht imprisonment of either description for a term whic may extend to five years, or with fine, or with both, and may also be awarded the punishment of whipping not exceeding thirty stripes: 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.

Zina or zina-bil-jabr liable to tazir. Kidnapping, abducitng or inducing women to compel for marriage etc. 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.

Kidnapping or abducting in order to subject person to unnatural lust. 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.

Selling person for purposes of prostitution, etc. Whoever sells, lets to hire, or otherwise disposes of any person with intent that such person shall at any time by employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine.

Explanations: a When a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. Buying a person for purposes of prostitution, etc. Whoever buys, hires or otherwise obtains possession of any person with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine.

Explanation: 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.

Cohabitation caused by a man deceitfully inducing a belief of lawful marriage Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit with him in that belief, shall be punished with rigorous imprisonment for a term which may extend to twenty-five years and with whipping not exceeding thirty stripes, and shall also be liable to fine. Enticing or taking away or detaining with criminal intent a woman Whoever takes or entices away any woman with intent that she may have illicit inter-course with any person, or conceals or detains with intent any woman, shall be punished with imprisonment of either description for a term which may extend to seven years and with whipping not exceeding thirty stripes, and shall also be liable to fine.

Punishment for attempting to commit an offence Whoever attempts to commit an offence punishable under this Ordinance with imprisonment or whipping, or to cause such an offence to be committed, and in such atttempt does any act towards the commission of the offence, shall be punished with imprisonment for a term which may extend to one-half of the longest term provided for that offence, or with whipping not exceeding thirty stripes, or with such fine as is provided for the offence, or with any two of, or all, the punishments.

Application of certain provisions of Pakistan Penal Code, and amendment. Short title, extent and commencement 1. It shall come into force on the twelfth day of Rabi-ul-Awwal, Hijri, that is, the tenth day of February, Definitions In this Ordinance, unless there is anything repugnant in the subject of context: a. Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of Zina. Zina liable to hadd. Zina is zina liable to hadd if- a.

Whoever is guilty of Zina liable to hadd shall, subject to the provisions of this Ordinance, - a. No punishment under sub-section 2 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 confirmed and executed, the convict shall be dealt with in the same manner as if sentenced to simple imprisonment.

No case to be converted, lodged or registered under certain provisions:- No complaint of zina under section 5 read with section A of the Code of Criminal Procedure, and no case where an allegation of rape is made shall at any stage be converted into a complaint of fornication under section A of the Pakistan Penal Code Act XLV of and no complaint of lewdness shall at any stage be converted into a complaint of zina under section 5 of the Offence of Zina Enforcement of Hudood Ordinance Ordinance No.

VII of or an offence of similar nature under any other law for the time being in force. Case in which hadd shall not be enforced 1. Application of Code of Criminal Procedure and amendment 1. The provision of the Code relating to the confirmation of the sentence of death shall apply, mutatis mutandis , to confirmation of sentences under this Ordinance. The provision of sub-section 3 of section or section of the Code shall not apply in respect of the punishment of whipping awarded under this Ordinance.

Presiding Officer of Court to be Muslim. The Presiding Officer of the Court by which a case is tried, or an appeal is heard, under this Ordinance shall be a Muslim: Provided that, if the accused is a non-Muslim, the Presiding Officer may be a non-Muslim. 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.

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:- a. 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. Whoever is guilty of zina-bil-jabr liable to hadd shall subject to the provisions of this Ordinance, - a.

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.

In the case mentioned in sub-section 1 , the Court may order retrial. In the case mentioned in sub-section 2 , the Court may award tazir on the basis of the evidence on record. Subject to the provisions of section 7, whoever commits zina or zina-bil-jabr which is not liable to hadd , or 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.

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. When zina-bil-jabr liable to tazir is committed by two or more persons in furtherance of common intention of all each of such persons shall be punished with death.

Explanations: a. When a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.

For the purposes of this section and section 14 "illicit intercourse" means sexual inter-course between persons not united by marriage. Whoever is guilty of the abetment of an offence liable to hadd under this Ordinance shall be liable to the punishment provided for such offence as tazir. In the Pakistan Penal Code, - a. The provisions of section , section , section 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.

The provisions of Chapter XXIX of the Code shall not apply in respect of punishments awarded under section 5 or section 6 of this Ordinance.

JEREMY MCGRATH WIDE OPEN PDF

Pakistan: Proposed Reforms to Hudood Laws Fall Short

The most controversial of these are the two laws pertaining to sexual offences, i. These laws created six distinct categories of sexual offences and assigned punishments for each:. 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. The primary distinction between the hadd and tazir offenses is that the hadd offences require a higher standard of proof than is needed in tazir as the Islamic punishments are more severe. 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. The hadd punishment given to such an adulterer was stoning to death while the penalty for a fornicator was public whipping of lashes. 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.

MANOEUVRING TECHNICAL MANUAL BRIX PDF

Hudood Ordinances

It replaced parts of the British-era Pakistan Penal Code , adding new criminal offences of adultery and fornication , and new punishments of whipping , amputation , and stoning to death. The Hudood Law was intended to implement Shari'a law or bring Pakistani law into "conformity with the injunctions of Islam", by enforcing punishments mentioned in the Quran and sunnah for zina extramarital sex , [3] qazf false accusation of zina , theft, and consumption of alcohol. The system provided for two kinds of offences — hadd and tazir — with different punishments to go with them. Hadd offences fixed punishment require a higher standard of proof than tazir discretionary punishment and their punishments are more severe. The zina provisions of the law were particularly controversial [5] 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 the laws in were corrected excusing such women who failed to prove the rape.

BESKRAJNA LJUBAV JEDINA JE ISTINA PDF

.

Related Articles