1) Zina Ordinance limited to cover only hadd punishments, not tazir (i.e. that under man-made law punishments)
i.e. Hudood Ordinance will no longer provide any tazir punishment for fornication
if a person cannot meet evidentiary requirements of hadd punishment (i.e. four eyewitnesses) then accused will be set free
2) Zina Ordinance limited to exclude all those punishments not specified in the Quran itself
i.e. no punishment in Quran specified for crime of rape
rape therefore now defined as a crime under Pakistan Penal Code (just like murder and theft)
3) All crimes whose punishment is not specified by the Quran itself now covered by the Pakistan Penal Code
Means these crimes can be tried under the normal criminal laws, subject to normal rules of procedure and evidence
4)Procedural safeguards introduced to protect women
In order to lodge complaint, complainant must take four eye-witnesses to a sessions judge
Judge must ensure that witnesses meet Islamic standards of moral probity
If Judge believes that prima facie case is made out, then he issues a summons (not a warrant)
If Judge does not believe the complainant, then the complainant and all four alleged witnesses can be punished with a sentence of 80 lashes for making a false accusation of zina
The term confession has now been defined to mean an actual confession in court before a judge a
5) Zina defined as a “bailable” crime
Bailable means bailable as of right
In practical terms, unless convicted, no woman will spend time in jail on zina charges
What the Bill does not do
• The Bill does not change the hadd punishment for Zina
• The Bill does not change the hadd punishment for any Qazf
• The Bill does not change the Quranic punishment for any crime
It is common ground between religious scholars from all schools that there is no punishment specified in the Quran for rape
Thus, the only punishment for rape is tazir punishment (i.e. that under man-made law)
The urdu translation of the Pakistan Penal Code is “taziraat e Pakistan”
“Tazir” is a generic word, not a word specific to Islamic law
Why are some groups not supporting the Bill
1) Some groups want a complete repeal and nothing less
Politics is the art of the possible
Liberals cannot be so blind as to oppose a bill just because it is not perfect.
2) Some groups don’t want to support anything done by a military dictator
What counts are the lives of those ordinary people which will otherwise be ruined by the corrupt administration of a deeply flawed law?
3) Some groups see their power base disappearing
The mullahs thrive on fear and fanaticism.
Why are some groups supporting the Bill
1) Some groups claims that WPB is not in complete agreement will Hadood-ul-Allah.
Fornication (zina) was defined as a bailable crime.It should be reviewed as if bailable thenahd be some check on the accused.
2) The bill will lead to widespread immorality or indecency.
Just a perception of fanaticism.
