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The Offence of Zina (Enforcement of Hudood) Ordinance, 1979 Social Media Handle /wdekp www. wde. org. pk

Aim of Hudood Ordinance What is this Ordinance About “This ordinance pertains to bringing laws in conformity with the injunction of Islamic laws relating to the “Offence of Zina (unlawful sexual intercourse)”. ” Social Media Handle /wdekp www. wde. org. pk

What is Zina ZINA • Consensual sexual intercourse between two sane people without being married Social Media Handle /wdekp www. wde. org. pk

What is Zina Bil Jabr Sexual intercourse between unmarried persons under the following circumstances constitutes Zina Bil Jabr Against the will of victim Without consent of victim Consent of victim taken under duress False pretext of the offender Social Media Handle /wdekp www. wde. org. pk

Punishments for Zina Married people proven to be committing Zina shall be stoned to death Unmarried people to be subjected to hundred lashes or whippings or Court may also award death sentences In case of non-adult (less than 15 years) offenders, prison term or fine or hundred whippings can be imposed Convicts have the right to appeal Social Media Handle /wdekp www. wde. org. pk

Proof of Zina • Offender accused confesses his/her crime. • Four Muslim male witnesses with good moral character provide testimony • If the accused is non-Muslim, the witness will also be a non-Muslim Social Media Handle /wdekp www. wde. org. pk

Hadh cannot be enforced In Following Situations Where Hadh of Zina Cannot Be Enforced Accused takes back his confession before execution of punishment At least one of the four eyewitnesses takes back or change their testimony Social Media Handle /wdekp www. wde. org. pk

Legal Proceedings and Trial Court of sessions is authorized for the trial Appeal is directed to Federal Shariat Court Trial to be held in the tehsil where Zina offense is committed Social Media Handle /wdekp www. wde. org. pk

Presiding Officer of Court’s Faith • If accused is a Muslim, then presiding officer of the trial and appeal court must also be a Muslim. • If accused is a non-Muslim, then presiding officer of trial and appeal court must also be a non- Muslim. Social Media Handle /wdekp www. wde. org. pk

Kidnapping or Seducing and Prostitution In the following cases, life sentence, thirty lashes and fine may be imposed Abducting woman for marriage Seducing her or forcing her to have illicit sexual intercourse Buying or selling someone for prostitution is illegal Social Media Handle /wdekp www. wde. org. pk

Criminal Intent Enticing or Taking Away or Detaining With Criminal Intent • Enticing, detaining or taking away a woman to have illicit sexual intercourse is illegal and the offender shall be jailed for seven years as well as subjected to thirty whips and a fine. Social Media Handle /wdekp www. wde. org. pk

Punishment for offence Punishment for attempting to commit an offence • Trying to commit the above-mentioned offences under the ordinance or abetting in the offense may be subjected to half of the longest term, thirty whips, fine or all of the three Social Media Handle /wdekp www. wde. org. pk