The Hudood Ordinances; also Romanized Hadood, Hadud, Hudud; singular form is Hadh or hadd) are laws in Pakistan that were enacted in 1979 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.[1][2] 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),[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.[6] Supporters defended the Ordinances' punishments as ordained by God and the law as the victim of "extremely unjust propaganda" in the media.[7]
Ordinances
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.[8] 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.[9]
Under the ordinances, tazir punishments often involve flogging.[8]
Offences Against Property (theft) ordinance
Officially known as "The Offences Against Property (Enforcement Of Hudood) Ordinance (VI of 1979)."
Offences Against Property liable to hadd must be
theft of something nisab level of value, i.e. property worth more than 4.457 grams of gold (about USD $170 as of 18 November 2014)
from a place where the property was protected.[10]
evidence must be from a confession by the accused, or at least two Muslim adult male witnesses who are `tazkiyah-al-shuhood`, (truthful and non-sinners).[11]
Punishment for "theft liable to hadd";
first offence: "amputation of his right hand from the joint of the wrist";
second offence: "amputation of his left foot up to the ankle";
third offence: imprisonment for life;[11]
Theft liable to tazir: Whoever commits theft, which, is not liable to 'hadd' or
for which there is no confession or evidence provided by two qualifying Muslim adult male witnesses, or
for which 'hadd' may not be imposed or enforced under this Ordinance;
Punishment for theft liable to tazir: is stipulated in the Pakistan Penal Code (Act XLV of 1860).[11]
For robbery liable to hadd, the right hand of the offender and his left foot should be amputated by a surgeon