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Islamisation of Criminal Laws

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Chapter Summary

This chapter aims to probe the Koranic standing of the two contentious hudood ordinances, the 1979 Offence of Zina (Enforcement of Hudood) Ordinance (Zina Ordinance) and the 1979 Offence of Qazf (Enforcement of Hudood) Ordinance (Qazf Ordinance) and to explain how the superior courts, particularly the Federal Shariat Court, interpret and apply them. It focuses on the analysis of the case law of these courts. These two ordinances are selected because of their significant impact on the rights of women in Pakistan. The chapter discusses the laws of evidence and qisas (retribution) and diyat (blood money) and their impact on women's rights. The Zina Ordinance has defined zina as wilful sexual intercourse between a man and a woman who are not validly married to each other. The Qazf Ordinance introduced a new bailable offence into the criminal law of Pakistan.

Keywords: diyat; Federal Shariat Court; Koranic Foundation; Qazf Ordinance; qisas ; Zina Ordinance



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