HUDOOD LAW 1979 PDF

Because of this stringent standard, no accused has ever been found guilty and stoned to death in Pakistan, [14] [15] and punishments have been awarded only under the Tazir provision of the Hudood Ordinance. It described the offence of false accusation of Zina fornication and adultery either written, verbal or "by visible representations", with intent to cause harm, and without producing four witnesses in support of the accusation before the Court, or who "according to the finding of the Court", a witness has given false evidence of the commission of zina or rape, or when a complainant has made a false accusation of rape; [18] Proof of "qazf liable to hadd" includes the accused confessing to it in court, the accused committing qazf in court, or if two Muslim adult male witnesses other than the victim of the qazf testify that the defendant committed qazf. If the accused is a non-Muslim, the witnesses may be non-Muslims. It specifies that whips shall be made of leather, or a cane or a branch of a tree, be no longer than 1.

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Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment. Indeed they themselves are impure. They extensively describe hudud crimes and punishments. Punished with crucifixion, another form of the death penalty, amputation of the right hand and the left foot, or banishment. Different punishments are prescribed for different scenarios and there are differences of opinion regarding specifics within and between legal schools.

Includes pre-marital sex and extra-marital sex. The offenders must have acted of their own free will. Punished by 40 to 80 lashes, depending on the legal school. Diyyah is an alternative to Qisas for the same class of crimes. History[ edit ] Because the stringent traditional restrictions on application of hudud punishments, they were seldom applied historically.

In Pakistan instituted the Hudood Ordinances. By the late s, Mauritania, Sudan, and the United Arab Emirates had "enacted laws to grant courts the power to hand down hadd penalties". During the s Somalia, Yemen, Afghanistan, and northern Nigeria followed suit. In the Iraqi president Saddam Hussein who had persecuted and executed many Islamists , issued a decree "ordering that robbers and car thieves should lose their hands". In Pakistan and Libya, hudud punishments have not been applied at all.

Floggings for moral crimes have been carried out since the codification of Islamic law in Sudan in and continue. She was held in Omdurman prison with her legs shackled, along with her 5-month-old baby. Hundreds of women in Afghanistan jails are victims of rape or domestic violence, accused of zina, when the victim failed to present witnesses. In the Shafii, Hanbali, and Hanafi law schools Rajm public stoning or lashing is imposed for religiously prohibited sex only if the crime is proven, either by four male adults witnessing at first hand the actual sexual intercourse at the same time or by self-confession.

Shia Islam allows substitution of one male Muslim with two female Muslims, but requires that at least one of the witnesses be a male. The Sunni Maliki school of law consider pregnancy in an unmarried woman as sufficient evidence of zina, unless there is evidence of rape or compulsion. Commenting on the verse in the Quran on theft, Yusuf Ali says that most Islamic jurists believe that "petty thefts are exempt from this punishment" and that "only one hand should be cut off for the first theft.

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Hudood Laws

In the Code, section shall stand repealed. 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. 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.

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Hudood Ordinances

Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment. Indeed they themselves are impure. They extensively describe hudud crimes and punishments. Punished with crucifixion, another form of the death penalty, amputation of the right hand and the left foot, or banishment. Different punishments are prescribed for different scenarios and there are differences of opinion regarding specifics within and between legal schools. Includes pre-marital sex and extra-marital sex. The offenders must have acted of their own free will.

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HUDOOD LAWS 1979 PDF

Nikotilar VII of or an offence of similar nature under any other law for the time being in force. Oridnance to override other Laws. Get updates on human rights issues from around the globe. 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.

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