1887
Volume 2016, Issue 2
  • ISSN: 2223-859X
  • E-ISSN:

Abstract

Islamic law has three types of punishments for criminal offences: fixed punishment, which is called , retaliation, which is called , and discretionary punishment, which is called . , fixed punishments, are predetermined by Allah the Almighty and his last Prophet Muhammad in the Holy Quran and in the of Prophet Muhammad . punishments are used mainly for five crimes: adultery, false accusation of adultery, theft, drinking liquor, and apostasy. The fifth President of Pakistan, General Muhammad Zia-ul-haq, introduced codified laws in Pakistan in 1979 for four of the criminal offences: (adultery), false accusation of adultery, drinking (alcohol), and theft. No law was promulgated for the offence of apostasy; rather, one ordinance was introduced on the regulation of whipping, which was later repealed by the Pakistani parliament in 1996.

Secular groups advocate for the complete abrogation of law from the judicial system of Pakistan in the name of the protection of women, but the basic purpose of these groups is to spread licentious behavior in a Muslim society. law actually protects men and women from false accusations of adultery, it also protects them from unlawful fornication and from drinking ; which leads to adultery and other harmful offences. During the rule of the tenth President Pervez Musharaf, in 2006, the Pakistani government repealed many provisions of the and Ordinances through the Protection of Women Act. But the Government of Pakistan did not change anything in the theft and drinking Ordinances, which is a clear-cut indication that the amendments to the and Ordinances were made to portray a liberal image of Pakistan while opening the door for adultery and related acts in Pakistan. The changes in the laws are discussed in detail in this article.

It is true that the law of needs procedural changes. But that does not mean that we should abrogate the whole law of and its punishments, fixed by Allah the Almighty and his last Prophet Muhammad , from the judicial system of Pakistan. The author recommends that rather than making different ordinances of a chapter should be added to the existing Pakistan Penal Code of 1860 to get rid of the procedural difficulties. If a survey were to be conducted today in Pakistan, the majority would vote in favor of implementing Law in the Islamic Republic of Pakistan. Law is made to control the behavior of a society. If the majority of the population is happy with a law, one group of people cannot be given the right to snatch the voice of the general public and impose their verdict on the majority of the people.

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/content/journals/10.5339/irl.2016.11
2016-09-29
2019-11-17
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  • Article Type: Research Article
Keyword(s): Hudud Ordinances of Pakistan , Islamic Law , qazf , sariqah , shurb khamr and zina
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