1. The Laws Affecting the Rights
of Women in Pakistan: with
specific reference to Hudood
Laws
Presentation
by
Justice (R) Majida Razvi
1

2. Constitution of Pakistan, 1973
 Art. 4 Right of individual:
(1) To enjoy the protection of law and to be
treated in accordance with law is the inalienable
right of every citizen, wherever he may be, and
of every other person for the time being within
Pakistan.
2

3.  Fundamental Rights: Guarantee equality in all
spheres of life
 Art. 8: Laws inconsistent with or in derogation of Fundamental
Rights to be void: (1) Any law, or any custom or usage having the
force of law, in so far as it is inconsistent with the rights conferred
by this Chapter, shall, to the extent of such inconsistency, be void.
 Art. 25: Equality of Citizens:
(1) All citizens are equal before law and are entitled to equal
protection of law
(2) There shall be no discrimination on the basis of sex alone
(3) Nothing in this Article shall prevent the State from making any special
provision for the protection of women and children
3

4.  Art.27 Safeguard against discrimination in
services:
(1) No citizen otherwise qualified for
appointment in the service of Pakistan
shall be discriminated against in
respect of any such appointment on
the ground only of race, religion, caste,
sex, residence or place of birth
4

5. Principles of Policy
 Art. 34. Full Participation of Women in National
Life: Steps shall be taken to ensure full participation of women
in all spheres of national life.
 Art. 37.Promotion of Social Justice and
eradication of social evils:
(e) Make provision for securing just and humane
conditions of work, ensuring that children
and women are not employed in vocations
unsuited to their age or sex, and for maternity
benefits for women in employment.
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6.  Art. 38. Promotion of social and economic
well-being of the people: The State shall-
(b) provide for all citizens, within
the available resources of the
country, facilities for work
and adequate livelihood with
reasonable rest and leisure.
6

7. Main Discriminatory Laws in Pakistan
 Citizenship Act, 1951
 Qisas & Diyat Act 1997
 Hudood Ordinances, 1979
 Qanoon-e-Shahadat
 All Other Discriminatory Laws
7

8. Citizenship Act, 1951
 In general the language of the Act itself is
discriminatory as it speaks only of male
 Section 10: Only a foreigner female married to
a Pakistani is entitled to apply for Pakistani
citizenship, whereas, a foreigner male married
to a Pakistani women is not entitled to apply
for Pakistani citizenship.
8

9.  Recently, the government has allowed only
the children of such couple to get
Pakistani citizenship.
 Recently amendments were proposed by
the members of Treasury Bench but the
bill was defeated.
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10. Qisas & Diyat Act, 1997
 Shifting of responsibility from State to
Individual (s): Right to waive Qisas or
compound the offence of murder by any one of
the legal heirs at any stage u/s 309, PPC
 Absence of mandatory provision for
compensation to women victims of violence
10

11.  Exemption from Qisas to the following
u/s 306, PPC:
a. When the offender causes death of his child
or grandchild how low-so-ever; and
b. When any wali of the victim is a direct
descendant, how low-so-ever, of the
offender
11

12.  Application of the law of inheritance for the
disbursement of Diyat among heirs of the victims, as
provided u/s 330 of PPC
 Mere declaration of Swara/Vani i.e. giving of female
relatives of accused in marriage as badl-e-sulh as invalid
u/s 310, PPC & no penal clause to that effect
In 2005 the Government Introduced some amendments
which also provided punishment for violation of section
310, PPC – minimum punishment 3 years – maximum 10
years
 No provision for women (mother or grandmother) to
exercise the right to Qisas on behalf of minor or insane,
who is the only wali of the victim u/s 313 (b)
12

13.  Interpretation of the principles of Qur‟an and
Sunnah by the Judiciary as directed u/s 338-F
 Exercise of discretionary powers by the judiciary
without any defined parameters.
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14. The Review of Hudood
Ordinances, 1979
14

15. Context of Promulgation of
Hudood Ordinances, 1979
 Political
 Legal
(Constitutional Guarantees; „Islamization Laws)
 Socio-cultural
(Constitution vs. Customary Laws, e.g. Jirga
system, “Honour” Killings)
15

16. Enforcement of Hudood Laws in
Pakistan
1. Offence Against Property (Enforcement of
Hadood) Ordinance, 1979
2. Offences of Zina (Enforcement of Hadood)
Ordinance, 1979
3. Offences of Qazf (Enforcement of Hadd)
Ordinance, 1979
4. Prohibition (Enforcement of Hadd) Order, 1979
5. Execution of Punishment of Whipping Order
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17. Key Issues
1. The Question arises as to why a law is introduced?
Naturally to do justice between the citizens. We have
seen, since the introduction of Hudood Laws since 1979
there has been constant injustices to the people. If we
see the record, since the introduction the number of
Women booked under Hudood Laws were 85%. These
Women and some cases Men also languished in Jails for
years for no fault that they have committed.
As such a law which causes injustice to the people must
be removed from the statute books
2. Majority of the sections in Hudood Laws are taken from
Pakistan Penal Code and only a few sections in each
Ordinance are dealing with Hadd Offences which are as
follows:
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18. Offence Against Property
(Enforcement of Hudood) Ordinance, 1979 ……..7/26
Offence of Qazaf
(Enforcement of Hudood) Ordinance, 1979 ……..5/20
Offence of Zina
(Enforcement of Hudood) Ordinance, 1979 ….…..6/22
The Prohibition
(Enforcement of Hudood) Ordinance, 1979 ……..4/33
Is it fair that the Tazeer provisions are mixed with the
Hudood provisions?
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19. 3. In the Hudood Laws
Section 8, which deals with
the production of evidence
for Zina and Zina-bil-Jabr
is confusing. Since both
the offences are distinctive,
the required evidence for
each of the two should be
The women and the man guilty of
different and distinctive; adultery or
because under the existing Fornication – 2954
law, the victim in Zina-bil- Flog each of them with a hundred
stripes. 2955
Jabr becomes an accused, Let not compassion move you
which is unjust and against In their case, in a matter
the spirit of the Islamic Prescribed by Allah, if ye believe
legal system. The law In Allah and the Last Day:
actually encourages rape. And let a party
Of the Believers
Witness their punishment. 2956
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20. 4. The law provides same punishment for Zina &
Zina-bil-Jabr, which is not according to Quran &
Sunnah while Zina, is described in the Qur‟an
(Sura Nur 24:2 Surah) Zinah-bil-Jabr is not
mentioned in the Qur‟an and hence punishment for
Zina is Hud while Zind-bil-Jabr is Tazeer.
5. The issue of attainment of puberty should be de-
linked from adulthood. How can a girl at the
age of 10 years or a boy at the age of 15 years, if
she/he attains puberty, have understanding to
know the implications of Zina or Zina-bil-Jabr
after being enticed away and abused?
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21. 6. Another question which arises is whether punishment
of Rajam comes under Hadd or Tazeer? And under
what conditions should it be awarded, particularly
with reference to the Quranic verses.
7. Whether the existing Hudood provisions in the
Hudood Ordinances 1979, are in accordance with the
Islamic Injunctions, particularly with reference to the
Federal Shariat Court‟s judgment in Huzoor Bux
case, wherein two different Benches gave conflicting
judegments; one holding that Rajam is not in
accordance with the Islamic injunctions (PLD 1981,
145) and the other stating that it was so (PLD 1983,
FSC 255)?
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22. 8. Is the provision of only “male witnesses” a correct
interpretation of the Qur‟anic verse as the literal
translation differs on this point? And whether by
providing for only Muslim male witnesses does the law
not attach leniency towards the perverse elements who,
despite their involvement in such heinous crime, are
likely to go totally free or just be penalized with
mitigated punishments?
9. Is it just that a law made applicable to non-Muslims but
they are debarred from being represented by a non-
Muslim counsel? Is it fair, equitable and in the spirit of
Islamic injunctions as regards testimony,
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23. that a non-Muslim witness cannot be judged under the Rule of
Tazkiyat-ul-Shahood, and as such the evidence becomes a
secondary evidence. The law discriminatory against Muslim
witness as no weight is given to the testimony of a non-
Muslim.
The Law provides that a non-Muslim Judge can preside only
when the offender is a non-Muslim. As such the said non-
Muslim Judge will be interpreting the Islamic Law in the case
of a non-Muslim but he can not interpret the same law in the
case of a Muslim offender. There is no rationale to such Law.
10. In view of exclusion of non-Muslim as witnesses and presiding
officers of the Court, what is the rationale of application of this
law to non-Muslims?
The law is in-violation of the Constitution as well as the
Shariat Act.
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24. 11. Is it justified that:
 The law provides that
the case of Zina should
be disposed off first
and only if it is not And those who launch
proved then a fresh A charge against chaste
case of Qazf be filed, women,
And produce not four
which against the witnesses
Quranic injunctions (To support their allegations)-
(Sora Nur 24-4 ) Flog them with eighty stripes;
And reject their evidence 2958
Ever after: for such men
Are wicked transgressors-
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25. 12. The Nisab figure of 4.457
grams of gold in section 6
of Offence Against Property
Ordinance, 1979 was too
low to determine theft
liable to Hadd, therefore,
it should be revised. As to the thief, 742
There must be a nexus Male or female,
between this amount and Cut off his or her hands:
what the Holy Prophet A punishment by way
(PBUH) prescribed. Of example, from Allah,
For their crime:
And Allah is Exalted in
Power,
Full of Wisdom.
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26. 13. The list of exemptions (section 10 of Offence Against
Property Ordinance) wherein Hadd shall not be imposed,
have no rationale and are not in accordance with the
injunction of Islam.
14. Sections 3(1) & 3(2) of Prohibition Order dealing with
intoxicants and drugs (such as opium), respectively
are overlapping with other legislation
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27. 15. Whether the punishment for drinking liable to Hadd was a
Qur‟anic punishment or had been derived from Sunnah.
16. The rationale of including other offences not related to the
Hudood, e.g. “enticing women”, “cohabiting with
women” and “selling and using women prostitutes” etc.,
under Hudood Laws?
17. The question before you is whether all the Ordinances are
repugnant to Islamic injunctions and require to be
repealed and drafted afresh, or could they be modified
through some amendments and brought in conformity
with Islamic injunctions?
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28. Recommendations Given by the Special
Committee Setup by NCSW
An examination of the Minutes of all five meetings which
have been summarized in this report and the consideration
of opinion of the members of Committee, including the
Chairperson, would reveal that out of fifteen (15)
members, who have actively participated in the
deliberations regarding Hudood Ordinances and have given
their views in person and in writing, twelve (12) members
have recommended that Hudood Ordinances should be
repealed while only two (2) have recommended that these
should be retreated but amended with a view to removing
defective parts of it and one (1) member has chosen not to
express any definite opinion but has maintained that
recommendations of Committee should be given effect to.
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29. This Special Committee, therefore, wishes to record that the
Members of the Committee are unanimous in arriving at the
conclusion that the Hudood Laws as enforced are full of
lacunas and anomalies and the enforcement of these has
brought about injustice rather than justice, which is the main
purpose of enforcement of Islamic law. Consequently, by a
majority this Special Committee recommends that all four
Hudood Ordinances, 1979 should be repealed and the original
law with regard to offences mentioned in these Ordinances be
restored. However, in order to give due consideration to those
members in minority who have recommended amendment to
the Ordinances rather than repealing of it, the Special
Committee suggests that if after repealing as recommended by
the Committee, Hudood laws are required to be enforced, the
draft of it should be first widely circulated with a view to
seeking opinions of various sections of population and then
these should be placed before the Parliament for a full fledged
debate.
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30. Impact of Hudood Ordinances, 1979
It was felt that a number of sections of this Ordinance
were defective and led to injustice against women. The
main defects pointed out were as follows:
1. Exclusion of women‟s evidence
2. Exclusion of non-Muslim Pakistani citizens‟ evidence
3. Exclusion of non-Muslim judges from presiding – unless the
accused is a non-Muslim
4. Linkage of adulthood with puberty
5. Proof of Zina (adultery & fornication) and Zina-bil-Jabr
(rape) – same requirements
6. Law provides that an offender can retract his statement even
at the last moment before implementation of the sentence.
The Courts become „functus officio‟. No procedure/forum
is provided under the law to deal with such situation. 30

31. 7. Requirements of witnesses based on religion, to
be adjudged on Islamic Principles of Tazkia-tul-
Shahood (adult, sane, devout, believing, practising
Muslim Men who abstain from major sins)
8. Punishment of Rajm (stoning to death), being
given as Hadd punishment, is against Qur’anic
injunctions
9. Even where women report rape, they are charged
under Zina Ordinance, therefore the victim
becomes the offender – vast majority of women in
prison, awaiting trial for years, are booked under
Hudood (Zina) law
10. Complaints accusing women of alleged Zina,
without being tried for QAZF (false allegation),
is against Islamic injunctions 31

32. 11. Pakistani Constitution guarantees that non-Muslims are
to be governed by their respective Personal Laws,
whereas Hudood Laws (1979), being part of Tazeer
(Criminal Law), are applicable to all citizens, including
non-Muslims
32