|
The Hudood Ordinances (Urdu: حدود مسودہ) (also spelled Hadood, ''Hadud'', ''Hudud''; singular form is ''Hadh'' or ''hadd'') are laws in Pakistan that were enacted in 1979 as part of then military ruler Zia-ul-Haq's "Sharisation" or "Islamisation" process. It replaced parts of the secular, British-era Pakistan Penal Code, adding new criminal offences of adultery and fornication, and new punishments of whipping, amputation, and stoning to death.〔Lau, "Twenty-Five Years of Hudood Ordinances", 2007: p.1296〕〔Lau, "Twenty-Five Years of Hudood Ordinances", 2007: p.1292〕 After much controversy and criticism parts of the law were extensively revised in 2006 by the Women's Protection Bill. The Hudood Law was intended to implement Shari'a law or bring Pakistani law into "conformity with the injunctions of Islam", by enforcing punishments mentioned in the Quran and sunnah for ''zina'' (extramarital sex),〔(The Offence of Zina (Enforcement Of Hudood) Ordinance, 1979 ): English text of the law〕 ''qazf'' (false accusation of zina), theft, and consumption of alcohol. The system provided for two kinds of offences — ''hadd'' and ''tazir'' — with different punishments to go with them. ''Hadd'' offences (fixed punishment) require a higher standard of proof than ''tazir'' (discretionary punishment) and their punishments are more severe. The ''zina'' provisions of the law were particularly controversial〔 and critics alleged that there were "hundreds of incidents where a woman subjected to rape, or even gang rape, was eventually accused of ''zina''" and incarcerated.〔(NATIONAL COMMISSION ON THE STATUS OF WOMEN'S REPORT ON HUDOOD ORDINANCES 1979 )〕 Supporters defended the Ordinances' punishments as ordained by God and the law as the victim of "extremely unjust propaganda" in the media. ==Ordinances== The ordinances follow the classical mainly ''Hanafi'' jurisprudence doctrine. One non-classical feature is that ''Hadd'' punishments can only be carried out after an appeal to the Federal Shariat Court has failed. The Federal Shariat Court, which has "exclusive jurisdiction" to examine whether or not a law is in accordance with the injunctions of Islam, was created along with the Ordinances.〔Lau, "Twenty-Five Years of Hudood Ordinances", 2007: p.1294〕 Under the ordinances, ''tazir'' punishments often involve flogging.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Hudood Ordinances」の詳細全文を読む スポンサード リンク
|