What is Hudood ordinance? Hudood ordinance is a part of criminal law in Islamic shariah (which includes punishment for adultery). According to chapter 24 of Quran, if a man or a woman commits adultery after marriage then they will be stoned to death and if before marriage then they should be flogged with 100 stripes. As we see this is considered as a harsh punishment, but then we should also consider that
the criterion for this punishment is also very difficult, that is the witness testimony of 4 upright (known for justice, adl) men. Also, it is mentioned in the same chapter that those who accuse chaste women and produce not four witnesses, flog them with 80 stripes and reject their testimony forever. Now this criterion is very difficult to find and never under the Islamic rule has this taken place (except when people brought hudood upon themselves), hence in that case this ‘hadd’ of stoning to death or 100 lashes won’t be implemented. However, we see this hadd is not as impractical because for example we know how rapes were committed in crowd in Bosnia and Afghanistan, thus there would be availability of 4 upright men.
However, if this criterion is not fulfilled then tazeer, (which comprises of 90%of criminal law in Islamic jurisprudence) would be implemented that is by qazi or judge, in an Islamic court under different evidences giving different punishments.
The hudood ordinance of Pakistan is the one in the Islamic shariah but it is not properly implemented or in fact incorrectly implemented in Pakistan. It was during the Zia regime that this strike of islamization was brought about considering the ideology of Maulana Abu Ala Maududi, founder of jamat e islami, but its implementation has not been as it was expected and we saw that mistakenly a strong element of injustice was done to women under this ordinance.
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