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-   -   Hadood Ordinance...?? (http://www.cssforum.com.pk/general/discussion/3910-hadood-ordinance.html)

jsmawais Saturday, October 21, 2006 09:18 PM

Zara Sochieye ...
 
[IMG]http://www.hudoodordinance.com/images/mes1_01.gif[/IMG]
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[IMG]http://www.hudoodordinance.com/images/mes1_03.gif[/IMG]
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[IMG]http://www.hudoodordinance.com/images/mes1_05.gif[/IMG]


[b]PRESENTED TO YOU BY: [i]ZARA BACHIEYE![/i][/b]
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GoodOmen Monday, October 30, 2006 11:52 AM

Hudood Ordinance!!
 
Hope it helps...

Hudood Ordinance In Pakistan is the same they have in SAUDI ARABIA..its only translated in URDU...

We are unable to understand the spirit of islamic laws..and most importantly in the past the man made laws (TAZIR) and Laws made by Allah..(Hudood) are combined..so thats the basic problem with it...the combination isnt practical and humane...the recent issue is about a few parts of the hudood its not about the complete ordinance...



[B]Hudood Ordinance [/B]

General Zia-ul-Haq began so called "Islamisation" campaign in 1979 and promulgated four separate ordinances collectively known as the Hudood Ordinances. The Hudood Ordinances .which cover theft, adultery, rape, and bearing false witness, amended Pakistan's laws to make sexual offences crimes against the state. The Hudood law was enforced only in Pakistan and Saudi Arabia. Other Sharia-based laws also exist in Iran and Sudan

[B]Hudood Ordinance in Pakistan [/B]

The number of women in Pakistan's prisons swelled from 79 on the date of the promulgation to several thousand in the months and years that followed of the 57 Muslim countries worldwide. In Pakistan, "Of the 7,000 women in jail around the country awaiting trial, 88 percent are accused of crimes under Hudood, according to the Lawyers for Human Rights and Legal Aid. Ninety percent of these women have no lawyer, and 50 percent do not know they are entitled to contact one. Most women accused of Hudood violations are acquitted, but lose an average of five years to confinement, and lose their reputations as well. In the decades since, the Hudood Ordinances have become convenient tools for law enforcement bodies to intrude in the lives of citizens and intimidate and harass those they want to target.


[B]Main Features of Hudood Ordinance [/B]

1. Two types of punishments are prescribed. The maximum or the hadd punishment and the lesser punishment of tazir.
2.
The maximum punishment of hadd, is stoning to death for married persons and one hundred lashes for unmarried persons.

3. The proof required for hadd is that there be four Muslim adult male witnesses of good repute to the act of penetration or a voluntary confession in a competent court of law.

4. The confession can be retracted at any time before the execution of punishment, in which case it cannot be carried out. With any other type of evidence, including that of women or non-Muslims, hadd cannot be inflicted.

5. The crime is then punishable by tazir, which in the case of zina is imprisonment for a maximum of ten years, thirty lashes and a fine, and for rape is maximum imprisonment of 25 years and 30 lashes.

6. For purposes of punishment, the law draws a distinction between a married person and an unmarried one. An unmarried rapist doesn’t get the maximum punishment for rape irrespective of how heinous the offence.

7. The hadd punishment can only be awarded to adults; the definition of 'adults' under the law may include girls as young as eight, the only criterion being puberty. An adult man is "a person who has attained the age of 18 years" and an adult female "the age of 16 years, or has attained puberty".

8. The Zina Ordinance makes adultery and fornication an offence. Under this Ordinance, "a man and a woman are said to commit zina if they willfully have sexual intercourse without being validly married to each other." Before this Ordinance, fornication was not an offence under the Pakistan Penal Code.

9. Adultery with a married woman was a private offence for which only the man could be punished.

10. Under the Zina Ordinance, an offence of rape is committed where a person has "sexual intercourse with a woman or man, as the case may be, to whom he or she is not validly married" and where the act of sexual intercourse is committed without the consent of or against the will of the victim.

[B]Major flaws of the Hudood Ordinance [/B]

1. This definition ignores all basic legal principles of protecting children from criminal responsibility before they reach a certain age. The Pakistan Penal Code had protected minor girls by providing that sexual intercourse with a girl under 14, even with consent, would constitute rape. Not only is this immunity not incorporated in the Zina Ordinance, but the Ordinance further reduces it.

2. The Zina Ordinance is fraught with legal ambiguities. The major flaw in this law is the fact that no distinction is made between adultery and rape. Rape is considered no more heinous a crime than zina. The demarcation line between the two offences is so thin in practice, that when a woman comes into the court with a case of rape, there is a possibility that she might herself be convicted of zina if she cannot prove the rape.

3. The responsibility of providing proof in a rape case rests with the woman herself. If she is unable to prove her allegation, bringing the case to court is considered equivalent to a confession of sexual intercourse without lawful marriage.


CIAO!

GoodOmen Monday, October 30, 2006 12:10 PM

Hudood : a few more points...!
 
it is imperative that we understand the spirit of hudood laws ...Historicaly huddood punishments were hardly ever practicsed....not that they are wrong..Islamic laws are closer to human nature...so they are made according to the human nature...and if pay attention you will notice...that our society is not ready to accept a woman who has been raped...regardless she was able to get any one convicted for the crime..look at mukhtara mai how many of us really wanna relate with her..maybe a few enlightened people...but do we accept her NO WE DONT...so ....islamic laws if u try to understand the spirit of the law can be understood properly...unfortunately in Pakistan Islam is only used for political gains...and thats it...it is our duty to decide..whats right or wrong...now another example is the issue of polygamy...muslims are criticized all over the world for this ...and even the people who in their private lives have extra marital affairs , committ sins like causal sex...and yet they polygamy is wrong...now we all know polygamy has many conditions...again about the slave women it was allowed to end slavery as children by the slave women werent not considerd slave any longer if they had a father who wasnt a slave....so understand the spirit..dont go on banners...AND I ASK THIS PERSON WHO USED THIS ADD OF MUZLOOM AURAT IS IS ISLAMIC TO SHOW A WOMAN IN THIS PICTURE ...IS IT ISLAMIC TO POTRYA YOUR SELF AS MUZLOOM WHEN ALLAG MIAN GAVE US THE RIGHT TO TAKE CONTROL OF OUR LIVES...
so understand the Islamic law..the Spirit of the law..and decide...Islam isnt the relegion of CLERGY...or it doesnt ask to us to follow the POWERFUL..it give us the right to understand...and decide....we are not only victims of the forgien based forgien funded organizations but ALSO the so called islamists who are even against the education of women..
so SEEK GUIDANCE...UNDERSTAND AND DECIDE....
and such horrific pictures should not accepted !!!

GoodOmen Monday, October 30, 2006 12:15 PM

forgive my typos...:P too many typing errorss....!!! in earlier Posts!

jsmawais Monday, October 30, 2006 02:09 PM

I just gave a sar-sari reading. Read my previous posts ... ALL old points ... once you have read 90% of your points shed away. The remaining I will answer!

[b][color=red]AND SHAME ON YOU THAT YOU WOULD LIKE TO LEGALIZE FORNICATION. I SWEAR BY ALLAH THAT IF YOU ARE A MUSLIM & I HAD A CHANCE TO SIT NEXT TO YOU, I WOULD SLAP YOU WITH ALL MY FORCE!!!![/color][/b]

Plz clarify whether you are Muslim or not. This is crucial while discussing the Ordinance...

Clockwise Monday, October 30, 2006 02:35 PM

:mad: :mad: :mad: Folks these religious threads are getting out of hand....I insist that the Admins and Mods take strict notice of what is going on here!

jsmawais Monday, October 30, 2006 04:18 PM

Why?
 
I don't believe how people can swallow things as decriminalizing fornication. Do you even realize how serious this is? Have you lost all your shy, respect, modesty, social values?

I am fully justified in take serious notice of those who want to decriminalize fornication. You may view it as an ordinary thing ... that's why people of Pakistan are sleeping.

Admins & others can tolerate their mothers, wives, daughters & other women committing illegal sexual intercourse. But, I will always explode on hearing this from a Muslim. Because, I am a sincere Muslim & citizen of Pakistan who cares for the nation & who can't sit like a spectator to see what's happening.

Last word:-

Narrated Abu ‘Amir (RAA) or Abu Malik Al-Ash‘ari (RAA) that he heard the Prophet (SAW) saying, [b]“From among my followers there will be some people who will consider illegal sexual intercourse, the wearing of silk, the drinking of alcoholic drinks and the use of musical instruments, as lawful.[/b] And there will be some people who will stay near the side of a mountain and in the evening their shepherd will come to them with their sheep and ask them for something, but they will say to him, ‘Return to us tomorrow.’ [b]Allah will destroy them during the night and will let the mountain fall on them, and He will transform the rest of them into monkeys and pigs and they will remain so till the Day of Resurrection.”[/b]

[i][Its a saying of the Prophet (SAW). [u]Not my own[/u]. So, don't object me.][/i]

If you want to close this thread, do it. But, I find no justifiable reason to do so.

Regards,
Abdul Rehman.

GoodOmen Monday, October 30, 2006 07:52 PM

hey hey...wow...now thats how a muslim try convince others...SLAP THEM...[B][U][B][B]BUZZ OFF[/B][/B][/U][/B]..k u dont even how to talk to woman...let alone anything else.....!!!!

GoodOmen Monday, October 30, 2006 08:10 PM

Guide Me PUHleaseeee!!!
 
i have opted for the following subjects...or say planning to opt fort he following subjects...

1.Political Science..( luckily my work allows me to study at a library which has various books...around more then 80,000 and it has many documents of national importance plus an archive from 1947...and i really am interested in this subject..)

2.International Relations ( my job allows to take part in activities which helps me understand that the importannce of forgien relations and how Govt acts in situations of critical importance..how forgien relations and policy affects different aspects of Governance..)

3.Constitutional Law ( Constitution and legislation is related to my work so i kinda have exprience regarding this subject..and i have also heard that if you prepare of political science that u also cover a few topics of constitutional law...am i rite about this?)

4. Confused between American History and History of indopak ..so suggestions..!!

Now..i intend to have advice..from you guys about the choice of the subjects ..keeping in mind i only have 4 mons to go........i not good with numbers but i believe in my writing and reading ablities...

Suggestions....plz

Waiting..and Waiting..

GoodOmen Monday, October 30, 2006 08:12 PM

and yeah incase of opting History of USA i will have to opt another subject..so also guide me on..that...i will appreciate...it


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