Relevant bibliographies by topics / Pakistan. Hudood Ordinance, 1979

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Academic literature on the topic 'Pakistan. Hudood Ordinance, 1979'

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Published: 4 June 2021
Last updated: 4 February 2022

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Journal articles on the topic "Pakistan. Hudood Ordinance, 1979"

1

Shah, Niaz A. "Comment The 2006 Women Protection Act of Pakistan: An Analysis." Religion & Human Rights 5, no. 1 (2010): 1–10. http://dx.doi.org/10.1163/187103210x513620.

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AbstractThis note argues that the 1979 Hudood laws of Pakistan, especially the Zina Ordinance were discriminatory and led to the violations of rights of men and women, but women were the hardest hit victims. The new legislation in 2006 has remedied the situation and the state of human rights violations on the basis of Zina Ordinance has changed.
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Hadi, Sibte. "Women's Rights in Pakistan: A forensic perspective." Medicine, Science and the Law 43, no. 2 (April 2003): 148–52. http://dx.doi.org/10.1258/rsmmsl.43.2.148.

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Pakistan is a large and an important West Asian country which came into being in the name of Islam and therefore Islamic tenets remain the core of its constitution. The laws of the state have to conform to Islamic law so that they can have a positive impact on the society. Unfortunately, in Pakistan today not all men enjoy the rights and facilities to which they are entitled and women are doubly disadvantaged by poverty and gender. With their own political agendas, various governments have promulgated laws which affect the society in various ways. The laws which directly influence women's rights merit mention, as women comprise more than 50% of the population of Pakistan and are still kept on the sidelines by the male dominant society. The Muslim Family Law Ordinance, 1961, and the Hudood Ordinance, 1979 were both promulgated by military dictators with different visions. The former codified the rights of women bestowed by Islamic law; the latter repealed laws for sexual offences according to the injunctions of Islam and had a negative impact. Both laws need the assistance of forensic medicine as age estimation and medical examinations are necessary if they are to be followed in the right perspective. However, a legal need for an examination by an expert in forensic medicine is sadly lacking in both laws. This has happened due to lack of training of forensic physicians and therefore a lack of research in important areas of forensic medicine in the country. This paper examines these laws and the interaction they have with forensic medicine and proposes that the laws need revision in accordance with modern science, incorporating forensic sciences as well as the injunctions of Islam.
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Kahf, Mohja. "Women and Social Justice." American Journal of Islam and Society 8, no. 2 (September 1, 1991): 347–50. http://dx.doi.org/10.35632/ajis.v8i2.2633.

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The task undertaken in this book, the development of a “third approach”to the issue of women’s oppression superceding both feminism and traditionalism,is much needed and much neglected in the Islamic movement.Specifically, Ahmad analyzes the impact of the introduction of hudud (Islamicpenal code) laws in Pakistan and makes policy recommendations for theirreform. Although his analysis is not limited in usefulness to Pakistan, it islimited, however, by several shortcomings in argument, structure, and language.Ahmad’s strong points emerge in his empirical study of Pakistani familylaw. While he attempts to refute the criticism that the hudud laws discriminateagainst women, he also recognizes that the application of these laws in alegal patchwork fraught with contradictions has not helped women. For example,the Family Laws Ordinance of 1961 requires all marriages to be officiallyreported but, with common and Islamic opinion being contrary, thislaw is frequently neglected. So when the hudud laws of 1979 made adulterypunishable, women living in Islamic but unreported marriages were reportedfor adultery by vengeful ex-husbands. This particular problem would be solved,Ahmad argues, by punishing such men for slander, a neglected aspect ofthe Shari‘ah’s approach to adultery which is to women’s advantage. He arguesfor an end to “this vicious circle of immediacy, adhocism and temporarysolutions” (p. 48) in the application of the Shari‘ah, and for a more creative,comprehensive reform. His use of statistics from Pakistani courts is an attemptto ground his analysis in the living reality of Pakistani women, anattempt which is only infrequently made by Islamist writers on women’s issues,who usually hide behind obscure generalizations about the ideal society.It is also edifying to see an Islamist writer admit that “we should notdoubt the intent and motive of those who talk on these issues and take adifferent position” (p. 11). Too often this debate over the status of womenresults in bitter and useless finger-pointing in which the advocates of changein women’s conditions are labelled “Western,” as if one had to be Westernto see anything exploitative about the present treatment of Muslim women.Unfortunately, Ahmad does not stick to his promise and succumbs to a defensivediatribe against his ideological opponents, calling them ‘‘crypto-colonialists’’and emphasizing their emergence from the upper classes. The same charge ...
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Noreen, Naveeda, and Prof Dr Razia Musarrat. "Protection of women rights through legal reforms in Pakistan." Journal of Public Administration and Governance 3, no. 4 (December 31, 2013): 119. http://dx.doi.org/10.5296/jpag.v3i4.5059.

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This paper presents the status of women rights in Pakistan and protection of these rights under the umbrella of legal reforms. After independence the women of Pakistan played an active role in nation building activities as well for their own social uplift. International organizations played special attention towards the issue of women empowerment During Ayub Era Muslim Family Law Ordinance 1961 was promulgated which is regarded as a first step forward for the protection of women rights. During Zia regime discriminatory laws were introduced which disturbed the equilibrium between male and female in the society. These laws put a negative impact on the status of women. Women organizations protested against Hudood Laws and demanded to repeal it. During the period of Musharruf new laws were introduced for the protection of women rights(women Protection Act 2006),it is regarded as golden era in context of legislation made for women empowerment .The process of legal reforms is in progression .The women are still subjugated to many criminal acts like harassment at work place ,attempted rape and acid throwing. There is a need of devising effective implementation mechanism in true letter and spirit for the safeguard of women rights.
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Shabir, Sobia, and Amna Mahmood. "Political Struggle for Women Empowerment: A Comparative Study of General Zia-ul-Haq and General Pervez Musharraf Era." Journal of Humanities, Social and Management Sciences (JHSMS) 1, no. 1 (December 31, 2020): 17–29. http://dx.doi.org/10.47264/idea.jhsms/1.1.2.

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Women are more than half of the Pakistan’s population, still they are discriminated in every field of life due to prevailing misinterpreted religious teachings, patriarchy, and feudalistic values, which are deep rooted in society. Alongside, since independence military role remain dominant in political that have strong impact in shaping women status in Pakistan. For this reason, in this article comparison of two military regimes General Zia-ul-Haq and General Pervez Musharraf is made to explore how their policies shaped the women status in Pakistani society. General Zia was determined to Islamized the legal system of Pakistan, which limited the women within four walls of home; no practical political will was there to empower women. The introduction of Hadood Ordinance 1979, blocked women social, economic, and political liberation. Contrary to this, General Pervez Musharraf’s era seems a cure, as political efforts made, for instance, Women Protection Bill 2006 introduced, and vague legislation introduced in General Zia era redrafted. First time in history of Pakistan women quota that much increased in National Assemblies of Pakistan, their political struggle to get rights encouraged, which resulted in women-oriented legislation. All this effort, remained very helpful to enhance the women social, economic, and political position at national level, and portrayed soft image of Pakistan internationally.
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Musarrat, Razia, and Muhammad Salman Azhar. "Decentralization Reforms in Pakistan During Ayub and Zia Era." Journal of Public Administration and Governance 2, no. 1 (January 2, 2012): 123. http://dx.doi.org/10.5296/jpag.v2i1.1501.

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Since independence federal central administrative setup i.e. concept of centralized power of administration had been the theme for Pakistan. This system was neither responsive nor participative to the people of Pakistan. As a result the resentment for this system increased with the passage of time. To address the issue, many “new” ideas were experienced both at federal and local levels, but the grudges of the public could not be minimized. The system of local government was neglected in the first decade after independence mainly because of the political instability. General Ayub Khan’s Basic Democracies system was the first step that was taken towards decentralization. This system ended with the regime itself. In Zia regime, the Local Government Ordinance of 1979 was introduced. General Ayub Khan’s Basic Democracies system was revived and implemented with a new structure. Military leadership for the sake to gain political legitimacy, planned, encouraged and institutionalized local government institution. Keeping all this in view this article presents detailed historic analysis of decentralization from the political history of Pakistan. The two major eras i.e. General Ayub Khan and General Zia-ul-Haq are analysed in the context of the decentralization and devolution reforms and their implications over the political system of Pakistan.
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Abbasi, Muhammad Zubair. "Sexualization of Sharīʿa: Application of Islamic Criminal (Ḥudūd) Laws in Pakistan)." Islamic Law and Society, June 17, 2021, 1–24. http://dx.doi.org/10.1163/15685195-bja10016.

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Abstract In 1979, General Zia ul-Haq promulgated the Hudood Ordinances to provide Islamic punishments for several offenses, but the prosecution for extra-marital sex (zinā) has been disproportionately higher. Based on the analysis of reported judgments, I argue that the higher rate of prosecutions for zinā was a direct result of new laws. Despite carrying the name “Hudood”, these Ordinances specified several taʿzīr offenses with the objective of ensuring prosecutions. By incorporating ḥadd and taʿzīr offenses for zinā, the Zina Ordinance blurred the distinction between consensual sex and rape, and thus exposed victim women, who reported rape, to prosecution for consensual sex. The Qazf Ordinance, which might have curbed the filing of false accusations of zinā, encouraged them by providing the complainants the defense of good faith. The number of zinā cases has decreased after the reform of the Zina Ordinance and the Qazf Ordinance under the Protection of Women Act, 2006.
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Riaz, Beenish. "Win the Battle, Lose the War?: Strategies for Repealing the Zina Ordinance in Pakistan." Muslim World Journal of Human Rights, September 7, 2020. http://dx.doi.org/10.1515/mwjhr-2020-0009.

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AbstractIn 1979, following a military coup, President Zia-ul-Haq sought to foment his power by ‘Islamizing’ Pakistan. Among other policies, he enacted the Hudood Ordinances to codify classical Islamic fiqh on criminal law, including the controversial Zina Ordinance (“Ordinance”) which criminalizes sex outside of marriage. Shortly after its passing, the Ordinance led to the unjust incarceration of thousands of low-income women across the country. Decrying the law as violence against women, human rights supporters around the world demanded reform. Finally, in 2006, Pakistan passed the Protection of Women Act (PWA) that amended the Ordinance, rendering the law procedurally toothless. Still, reforms left the substance of the Ordinance intact, giving men license to take the law into their own hands with effective impunity, leading to a rise in honor killings. Given the need for repeal of the Ordinance, this paper looks to lessons learned from the successes and failures of the 2006 reform to propose a strategy for the future. The 2006 reform adopted an apologetic ‘pragmatic reformist’ approach, building a coalition of conservative Islamists and secularists behind an incremental policy shift. This paper proposes that for a more substantive change that is still effective, the women’s rights movement should shift away from the purely secular or purely Islamic approach to espouse secularism and human rights but using an Islamic rationale, shifting societal attitudes from within the tradition. Doing this, I echo arguments made by reformist-activists Abdullahi An’Naim and Ziba Mir-Hosseini among others as well as adopt the approach of the Supreme Court of Pakistan, the High Courts, and the Federal Shariat Court (FSC) themselves in their attempts to reconcile Pakistan’s constitutional commitments to both human rights and Islamic law. Such a strategy, I posit, is slow but both effective and long-lasting.
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9

Noor, Azman bin Mohd. "PROSECUTION OF RAPE IN ISLAMIC LAW: A REVIEW OF PAKISTAN HUDOOD ORDINANCE 1979." IIUM Law Journal 16, no. 2 (July 15, 2012). http://dx.doi.org/10.31436/iiumlj.v16i2.55.

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There has been some confusion over prosecuting rape in modern Islamic legal studies. A question has arisen: should the Islamic court treat the case of rape, in regard of convicting and proving rape, by imposing the same jurisprudential provisions, requirements and legal proceedings as in the case of zinÉ on the ground that rape involves elements of illegal intercourse similar to zinÉ? As such, should the rape victim who complains about rape be charged with qadhf if there is insufficient evidence? This article examines the notions of the prosecution and the required evidence for both rapist and rape victim in Islamic criminal law with special analytical analysis on the Pakistan Enforcement of Hudood Ordinance 1979.
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10

Rana, Muhammad Akram. "Rights of Women in Islamic and Pakistan Law and Constitution." AL-HIDAYAH 2, no. 1 (June 30, 2020). http://dx.doi.org/10.52700/alhidayah.v2i1.14.

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Men and women are two important groups universally inhabiting all thesocieties. Pakistan is a patriarchal society where men dominate women in all aspectsof life. Pakistani women’s education, health and working condition lead to theirsubordinate status making them vulnerable to violence and crime. It further reduceswomen’s chances to reach the decision making and authoritative positions in society,like head of the state.In this article we will focus on rights of women in Islamic and Pakistani lawand constitution. i.e● What sort of law has been introduced in Pakistan, whether it is compatible toIslamic law or not?● Family law ordinance 1961● Hudood ordinance● Zina ordinance● Law of evidence● The Honor killing Act 2004● The Protection of Women Act 2006● Laws of sexual Harassment● Law to curb Acid attacks 2011● The Anti Women Social Protection Act 2011● Law on Domestic Violence● The law on Child MarriageKeeping in view all the laws and ordinances it will be assessed whetherwomen’s rights are protected and they are satisfied with their position in the society.It is also said that the laws are mainly formulated by men dominated politicaland legislative institutions. The study of laws and legislative procedures and justicesystems for impact on women will also help to improve the status of women.This paper will discuss laws in Islam and Pakistan, whether they haveimproved the condition of women or otherwise.
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Dissertations / Theses on the topic "Pakistan. Hudood Ordinance, 1979"

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Imran, Rahat. "Islamic laws, gender discrimination and legal injustices: the Zina Hudood Ordinance of Pakistan and its implication for women /." Burnaby B.C. : Simon Fraser University, 2005. http://ir.lib.sfu.ca/handle/1892/2114.

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Books on the topic "Pakistan. Hudood Ordinance, 1979"

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Protection of women (criminal laws amendment) Act, 2006 with new Islamic huddod laws. Lahore: Irfan Law Book House, 2012.

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2

M, Mahmood. The principles of rent laws: I.e. a comprehensive and exhaustive commentary on West Pakistan Urban Rent Restriction Ordinance, 1959 (Ordinance VI of 1959), the Cantonment Rent Restriction Act, 1963 (Act XI of 1963), Sind Rented Premises Ordinance, 1979 (Ordinance XVII of 1979) : amendments and case law uptodate. Lahore: Pakistan Law Times Publications, 1997.

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Mahmood, M. The principles of rent laws: I.e. a comprehensive and exhaustive commentary on West Pakistan Urban Rent Restriction Ordinance, 1959 (Ordinance VI of 1959), Sind Rented Premises Ordinance, 1979 (Ordinance XVII of 1979), the Cantonment Rent Restriction Act, 1963 (Act XI of 1963) : amendments and case law upto date. Lahore: Pakistan Law Times Publications, 1990.

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Qamar-uz-Zaman, Mian. Select rent rulings: A select rent rulings relating to urban rent restrictions in Pakistan, 1914-1992 (78 years select rent ruling) : with the Punjab Urban Rent Restriction Ordinance, 1979, the Cantonment Rent Restriction Act, 1963, the Sind Rental Premises Ordinance, 1979, the Azad Jammu & Kashmir Rent Restriction Ordinance. Lahore: Civil & Criminal Law Publication, 1992.

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Pakistan. The Income Tax Ordinance, 1979: With digest of the income tax cases reported in the Pakistan tax & corporate laws (PTCL) : as amended upto 26th October 1987. Lahore: Tariq Najib Corp., 1988.

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Book chapters on the topic "Pakistan. Hudood Ordinance, 1979"

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Kamali, Mohammad Hashim. "Shariah Punishments in the Islamic Republic of Pakistan." In Crime and Punishment in Islamic Law, 301–5. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190910648.003.0028.

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The ḥudūd narrative in Pakistan took a new lease of life under the late General Zia ul Haq’s famed Hudood Ordinances in 1979. The subsequent controversies that beset the legal system have yet to find satisfactory solutions. Constitutional issues, the Federal Shariat Court interventions, and subsequent legislation under Zia’s successors constitute the main themes of this chapter.
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