*** Welcome to piglix ***

Hudood Ordinance


The Hudood Ordinances (Urdu: also spelled Hadood, Hadud, Hudud; singular form is Hadh or hadd) are laws in Pakistan that were enacted in 1977 as part of then military ruler Zia-ul-Haq's "Sharisation or "Islamisation" process. 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. After much controversy and criticism parts of the law were extensively revised in 2006 by the Women's Protection Bill.

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),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 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. Supporters defended the Ordinances' punishments as ordained by God and the law as the victim of "extremely unjust propaganda" in the media.

The ordinances follow the classical mainly Hanafi jurisprudence doctrine. One non-classical feature is that Hadd punishments can only be carried out after an appeal to the Federal Shariat Court has failed. The Federal Shariat Court, which has "exclusive jurisdiction" to examine whether or not a law is in accordance with the injunctions of Islam, was created along with the Ordinances.


...
Wikipedia

...