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Ray
01 Aug 06,, 18:35
Tuesday, August 01, 2006 E-Mail this article to a friend Printer Friendly Version

Draft of Hudood amendments

Rape to be tried under criminal law


* Zina complaints to be made directly to court
* Publication of identity of rape victims to be punishable by 6 months in prison

Staff Report

ISLAMABAD: The proposed amendments to the Hudood Ordinances include removing the offence of zina bil jabr, or rape, from the ordinances and adding it to the Pakistan Penal Code.

According to a draft of the amendment bill, titled the Criminal Law Amendment (Protection of Women) Bill, 2006, the Quran and Sunnah do not require taazir punishment for zina, and thus taazir punishment for zina is being removed from the ordinance, which now comprises only zina liable to hadd. The bill explicitly states that it is designed to “provide relief and protection to women against misuse and abuse of law”.

The punishment for rape will be death or life imprisonment. The requirement of four witnesses has been overlooked and now cases would be decided based on indirect or circumstantial evidence.

The draft amendments also make sex with a girl below the age of 16, with or without her consent, the offence of rape. “This accords both with the need to protect the weak, which the Quran repeatedly emphasises, and the norms of international legal obligations,” says the draft bill.

Any crime not mentioned in the Quran or Sunnah, or for which no punishment has been prescribed therein, is liable to taazir, says the draft. Such crimes are being taken out of both the qazf and zina ordinances and added to the Pakistan Penal Code, 1860. Briefly, these include kidnapping, forcing a woman to elope for marriage, and buying or selling people for prostitution.

The requirement of the testimony of four adult male Muslims as witnesses is to be expunged from the ordinance, and the requirement of the testimony of four adult people as witnesses is to be added to the Law of Evidence, 1984.

The draft bill contains procedures to stop the plethora of cases where women are accused of adultery. It states that to institute a case of zina, the accuser must present four credible eyewitnesses to the offence in the competent court. If the judge is satisfied that this condition has been met, he may summon the accused. The bill says only a sessions court may take cognisance of zina and qazf cases and the offences have been made bailable so the accused do not languish in jail. “The police will have no authority to arrest any one in such cases unless so directed by the Court of Sessions and such directions cannot be issued except wither to compel attendance in court or in the event of a conviction.”

The publication of the identity of victims of rape without the victim’s consent is also being made an offence, liable to punishment of six months in prison and/or a fine.

The requirement of two adult Muslim witnesses as proof of qazf (wrongful accusation) is to be removed, and a new article included in the Law of Evidence Ordinance, which provides for proof in the form of a confession by the accused, or the commission of qazf in the presence of the court. The bill also seeks to make failure to prove zina an offence liable to qazf. “Conviction will follow the failure of the zina prosecution and will not be contingent on the initiation of fresh legal proceedings,” it says.

The draft would delete the definition of marriage in the zina ordinance as a “valid marriage”, on the grounds that this has led to several cases of women being punished for zina after getting married for a second time only for the reason that they could not provide documentary evidence that they had divorced their previous husbands.

Another amendment, to the Family Courts Act of 1964, provides a procedure for the dissolution of a marriage where the husband accuses his wife of zina and the wife denies it. The draft is to be presented to the federal cabinet when it meets tomorrow (Wednesday), and then tabled in the National Assembly session starting on August 4.
http://www.dailytimes.com.pk/default.asp?page=2006\08\01\story_1-8-2006_pg1_3

Could someone explain the difference from the earlier laws?

How will it benefit those who are raped?

How does this protect the women which the Hudood did not?

stone_cold
02 Aug 06,, 09:13
Could someone explain the difference from the earlier laws?

How will it benefit those who are raped?

How does this protect the women which the Hudood did not?

Ditto, what law was in place before this. :confused:

gilgamesh
03 Aug 06,, 09:39
Could someone explain the difference from the earlier laws?

How will it benefit those who are raped?

How does this protect the women which the Hudood did not?


Its fraudulant, like the OOP Bill.

Ray
03 Aug 06,, 21:39
Thursday, August 03, 2006 E-Mail this article to a friend Printer Friendly Version

Cabinet ‘okays’ draft bill on Hudood laws:

Differences persist on amendments, timing


* Six-member ministerial committee formed to iron out differences

Staff Report

ISLAMABAD: The federal cabinet on Wednesday approved “in principle” a draft bill for amendments to the Hudood laws, but differences persisted on certain amendments as well as the timing of the bill.

Prime Minister Shaukat Aziz has formed a six-member ministerial committee to resolve these differences. Information Minister Muhammad Ali Durrani told reporters that once the committee reviews the bill and gives its recommendations to the PM, it would be forwarded to the National Assembly at its upcoming session. Cabinet sources told Daily Times there was dissent over an amendment which would make sex with girls of age 16 and under, with or without consent, the offence of rape.

Interior Minister Aftab Sherpao and Culture Minister GG Jamal noted that in many parts of the country, girls were married at an early age, the sources said. It is a tradition in many tribal and rural areas for girls to marry young, and this amendment would create problems for them, the ministers argued.

Parliamentary Affairs Minister Sher Afgan Niazi led objections to one amendment which would allow “four adult persons” to serve as witnesses in Hudood cases, the sources said. He argued that in Islam, the evidence given by a woman and a man could not be considered equivalent, and this differentiation should be maintained in Hudood cases. The sources said the interior minister and railways minister expressed concern at the timing of the bill, coming just one year before general elections. The ministers feared that the Muttahida Majlis-e-Amal would portray the bill as “anti-Islam” to gain sympathy votes in rural areas.

http://www.worldpress.org/link.cfm?http://www.dailytimes.com.pk/

Gligamesh maybe right!

Ray
03 Aug 06,, 21:43
Thursday, August 03, 2006 E-Mail this article to a friend Printer Friendly Version

Repeal Hudood Ordinance

LAHORE: Women Action Forum (WAF), in its emergency meeting held on Wednesday, reiterated its stand that the Hudood Ordinance 1979 must be repealed entirely.

According to a press release, the meeting said that this ordinance, promulgated by a military dictator for his own purposes and contrary to the perception of certain quarters, was neither Islamic nor humanitarian. It said that thousands of people had joined the signature campaign initiated by WAF for the repeal of these laws, which included lawyers, judges, Islamic scholars, writers, artists, journalists, teachers, students, former military personnel, intellectuals, parliamentarians, activists and representatives of the civil society. WAF meeting opposed corporal punishments and the death sentence and demanded a new definition of rape, which would include marital and custodial rape.

The signatories included National Assembly members Shama Arif, Mehnaz Rafi, Sherry Rehman; Senator Fauzaia Fakhar-uz-Zaman, judges Justice Nasra Iqbal, Justice Majida Rizvi, Justice Dr Javed Iqbal, Justice Nasir Aslam Zahid, Justice Shaiq Usmani and Justice Tariq Mahmood; lawyers Iqbal Haider, Asma Jahangir, Hina Jilani; journalists Najma Sadeque, Jugnu Mohsin, Rashid Rehman, Abbas Rashid, IA Rehman, Hussain Naqvi, Kamla Hayat; Islamic scholars Mohammad Tufail Hashmi, Dr Farooq Khan; writers, poets and intellectuals Intezar Hussain, Munoo Bhai, Kishwar Naheed, Mustansar Hussain Tarar, Masood Azhar, Zahid Dar; ex-military personnel Air Commodore Cecil Chauhdry, Brig Rao Abid Hameed; professionals Dr Akmal Hussain, Nayyar Ali Dada, Dr Kaiser Bengali, Kamil Khan Mumtaz, Dr Umer Adil; artists Lala Rukh, Feryal Gohar, Madeeha Gohar, Nadia Jamil; teachers Saleema Hashmi, Maisoon Aziz, Samina Rehman, Nasreen Shah and civil society members including Tahira Mazhar Ali, Tahira Abdullah, Peter Jacob, Farida Shahood, Joseph Francis, Khawar Mumtaz, Nighat Saeed Khan and Nigar Ahmed. staff report
http://www.worldpress.org/link.cfm?http://www.dailytimes.com.pk/