Unwilling Self-Negation » Blog Archive » Hudood Ordinance In Pakistan

The Issue (here and here)

last i checked- the quran was clear on the issue of zina (adultery) and zina bil jabr (rape) but the hudood ordinance in pakistan has put these two seperate issues into the same catagory. while zina is punishable under the law, zina bil jabr is asking for FOUR witnesses who are male, or else the rapist can go free. i am wondering where one would find an audience for the rape and be sure they would turn up in court to say they saw it happen. when the sublime becomes ridiculous; the fall is evident.

7 Responses to “Hudood Ordinance In Pakistan” »»

ou tis

Comment by ou tis | 06/09/06 at 1:36 am

the zina-related ordinances prove beyond suspicion that mr. zia was a serial-rapist
zeinab

Comment by zeinab | 06/09/06 at 6:05 am

asma jehangir is a legend. a very classy lady. pakistan’s own shirin ebadi (kind of)
Comment Pimpette

Comment by Comment Pimpette | 06/09/06 at 6:52 am

Nadiya - Saudi Arabia uses this same ordinance. The terrible thing is that once the woman accuses someone of rape - if the rapist goes free - she can then go on to be charged with adultery under the same law - that’s my understanding of the law.
Finding 4 witnesses - how about 4 doctors who saw the results of DNA testing?
Natalia

Comment by Natalia | 06/09/06 at 9:09 am

Wow. This makes as much sense as Ukrainian tax laws.
Abu Muhammad

Comment by Abu Muhammad | 06/09/06 at 12:33 pm

last i checked- the quran was clear on the issue of zina (adultery) and zina bil jabr (rape)
To say that Quran is clear on this issue is a bit of oversimplification. Which verse in Quran in your view explicitly differentiates between Zina and Zina bil Jabr?
the hudood ordinance in pakistan has put these two seperate issues into the same catagory. while zina is punishable under the law, zina bil jabr is asking for FOUR witnesses who are male, or else the rapist can go free.
Though the problem with the said statute is far greater than this, to say that both have been put into the same category would add considerably to the confusion. Right in the beginning of the linked ordinance Zina and Zina bil Jabr are classified differently (section 5 and 6). It becomes problematic because one is understood to be liable to Hadd (a punishment mentioned in Quran or Sunnah) while other is not. It does not mean that the commiter(s) of latter crime can go free per se but becomes liable to Tazir (which is a punishment other than add - life ). To understand that the act of Zina Bil Jabr invites punishment ordained through Quran (that is hadd) the crime has to be put into the category of Fasad fil Ardh (mischief and unrest in land) which is a matter of interpretation.
wassalam
aaakn

Comment by aaakn | 06/11/06 at 1:57 am

that zina bil jabr has not been taken as interpretation of FASAAD is what is sadder.We have educationists,religious scholars and even the general public which is crying out for this distinction…it is when the state becomes god that the distinctions are marred.thank you for reading.
aaakn

Comment by aaakn | 06/11/06 at 1:59 am

zia was a serial lot of other things but the biggest zulm(injustice) he did was to use religion as a tool to get his dick approved

Hudood Ordinance In Pakistan

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