The Offence of Zina (Enforcement of Hudood) Ordinance, 1979
This ordinance pertains to bringing laws in conformity with the injunction of Islamic laws relating to the “Offence of Zina (unlawful sexual intercourse)”.
What is a Zina?
Consensual sexual intercourse between two sane people without being married.
What is Zina Bil Jabr?
Sexual intercourse with a man or woman with whom the person is not married and under the following circumstances constitutes Zina Bil Jabr if the intercourse is done as:
- Against the will of victim.
- Without consent of victim.
- Consent of victim taken under duress.
- False pretext of the offender by making the victim believe to be legally married.
Punishments or Hadh for Zina
- Married people proven to be committing zina shall be stoned to death.
- Unmarried people to be subjected to hundred lashes or whippings. Court may also award death sentences for such offenders in case of Zina Bil Jabr if it deems fit.
- In case of non-adult (less than 15 years) offenders, prison term or fine or both can be imposed. However, non-adult and unmarried Zina Bil Jabr offenders may be given hundred whippings.
- Convicts have the right to appeal.
Proof of Zina Can Be Produced by the Following Two Ways
- Accused confesses his/her crime.
- Four Muslim male witnesses with good moral character provide testimony.
Note: If the accused is non-Muslim, the witness will also be a non-Muslim.
Situations Where Hadh of Zina Cannot Be Enforced
- Accused takes back his confession before execution of punishment
- At least one of the four eye witnesses takes back or change their testimony
Legal Proceedings and Trial
- Court of sessions is authorized for the trial.
- Appeal is directed to Federal Shariat Court.
- Trial to be held in the tehsil where zina offense is committed.
Presiding Officer of Court’s Faith
- If accused is a Muslim, then presiding officer of the trial and appeal court must also be a Muslim.
- If accused is a non-Muslim, then presiding officer of trial and appeal court must also be a non- Muslim.
Kidnapping or Seducing and Prostitution
In the following cases, life sentence, thirty lashes and fine may be imposed.
- Abducting woman for marriage.
- Seducing her or forcing her to have illicit sexual intercourse.
- Buying or selling someone for prostitution is illegal.
Enticing or Taking Away or Detaining With Criminal Intent
- Enticing, detaining or taking away a woman to have illicit sexual intercourse is illegal and the offender shall be jailed for seven years as well as subjected to thirty whips and a fine.
Punishment for attempting to commit an offence
- Trying to commit the above-mentioned offenses under the ordinance or abetting in the offense may be subjected to half of the longest term, thirty whips, fine or all of the three.