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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Dear reader, please upgrade to the latest version of IE to have a better reading experience. The most controversial of these are the two laws pertaining to sexual offences, i.
Pakistan: Proposed Reforms to Hudood Laws Fall Short
These laws created six distinct categories of sexual offences and assigned punishments for each:. The introduction of 1799 laws resulted in the offences of rape and adultery in the Pakistan Penal Code PPC to be repealed as they were substituted by these offences.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.
The Offence of Zina (Enforcement Of Hudood) Ordinance,
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. Furthermore, in addition to other problems created by these laws, their judicial application also made it easier to get away with crimes against women such as honour killings and general degradation and humiliation of women in society.
It is to be noted that the offence of fornication as included in the PPC is defined almost identically as the tazir offence of zina and is punishable by imprisonment for up to five years and a fine.
Both offences of zina liable to hadd and fornication gudood have been made cognisable only by a court, meaning that when a complaint is made of either offence, the police may not arrest the accused unless directed to do so by the court.
This is to discourage one step of humiliation of women. Though this legislation does laaw redress all the problems introduced by the Hudood Ordinances, substantial changes have been made, which is a step in the right direction.
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