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Hudood Ordinance/By T H Shah

Hudood Ordinance/By T H Shah

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Published by proud of kashmir
T H Shah, Hadood Ordinance, Pakistan, Law, Human rights, PFP,
T H Shah, Hadood Ordinance, Pakistan, Law, Human rights, PFP,

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Published by: proud of kashmir on Jul 11, 2009
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Hudood OrdinanceBy T H Shah
Ordinance has been matter of great debate in religious as well as liberal political circles of Pakistan. Its advocates keep in mind the
of Pakistani society in tripartite sense i.e.social, political and economic, while the opponents of hudood ordinance are adamant upon itsextermination for irrelevance to the crux of jurisprudence and socio-economic milieu of the state of Pakistan. The advocates of 
Ordinance opine the creation of Pakistan as a result of anideology characterized by Islam, and the phenomenon was not at all ignored in the pastconstitutional developments. That is why every abrogated constitution of Pakistan emphasizes the
of Pakistani society.
Ordinance is the creation of an orthodox mind-set andflouts the very crux of jurisprudence as opined by modernist scholars & parliamentarians.
Hudood Ordinance was promulgated in the country in 1977 (12
Rabi-ul-Awal 1399) under theaegis of military regime. The word ‘
implies the punishment prescribed in the light of HolyQuran and Sunnah. Following is the text of Hudood Ordinance.1)According to the Hudood Ordinance, preparation, transportation & use of liquor/winewere prohibited and were considered a culpable crime throughout Pakistan. Any personfound guilty of the said crime would be liable to thirty lashes and five yearsimprisonment.2)The second Hudood Law relates to the crime of theft. It states that if a person commits acrime of theft, his right hand would be amputated. If he commits the same crime secondtime, his left hand would be amputated. The habitual thief was to be awarded lifeimprisonment.3)The third Hudood Law is meant for adultery. According to this law if a person, man or woman, indulges in an act of adultery, he or she would be stoned to death. The act of stoning the adulterer would be initiated by the first eye-witness. The culprit will, then, be shot dead. The law has been enacted in the light of Islamic spirit.
Opinions of Advocates of Hudood Ordinance
Those who framed the ordinance refer following verses of “The Holy Quran”“And whoso judge not by that which Allah has sent down, these who are the disbelievers”(Al-Maidah 45)Judge between them by which Allah has revealed(Al-Maidah 49)Hudood Ordinance is mainly concerned with the system of Islamic punishment quite different &distinct from other systems of punishment in western society. The advocates of Hudood Ordinancesay that “the sole object of Islamic System of Punishments is an establishment of civilization thehallmark of which is the dignity of man, racial extermination and supremacy of justice. This ideal1
scheme of thing can be realized in an Islamic society. Only Islamic society can guarantee such typeof civilization.”Renowned Western scholar, Emerson writes in his collection of essays that “The true test of civilization is not the census, nor the size of cities, nor the crops-no, but the kind of man thecountry turns out.” They add that “European society is based on the system of Roman and CatholicLaw, The superficial analysis designates this society to the level of high development, but thisRoman & Catholic System of Law has not been able to bless the Western people with the spiritualsense.” Moreover they say that “Westerns has big cities, technologically, they are up to the highmark and are visibly marked by great affluence, but all this progress is barren and sham. It ismaterialistic and adventitious. The real advance is in respect to the progress and growth. It is not toturn out a sophisticated gadget but a complete human being. Westerns are well expert in the use of fork and knife, showing refinement and elegance; they know how to conduct table-talk, and how to pick up all the odds and ends of a trivial and flaccid routine, but no amount of outer refinement candress the moral and spiritual vacuum which is their inevitable predicament because physical-sophistication is a moral under-sophistication. On the other hands, the penal laws of Islam meantnot only for outer-refinement, but inner-refinement as well. In brief, we can say that socialrefinement is the aim the Islamic System of Punishment want of pursue”The advocates of Hudood Ordinance also opine that Hudood laws are the laws of God and can not be rescinded or amended by any human effort. They argue in the light of following verse of theHoly Quran.“These are the commandments (Huds) of Allah, do not exceed them”“These are the commandments (Huds) of Allah, do not touch them”In Arabic the word ‘Hud’ implies to ‘stop’ ‘restrict’ ‘curb’ or ‘to limit’ the watch door is termed as‘Hudaad’ as he stop other from entering the home. These commandments are called ‘Hudoods’ asthey are safeguard against sins, and these can not be violated at any cost because of having Quranic base.
Opinions of Opponents of Hudood Ordinance
The opponents of Hudood Ordinance flout it on following grounds:
1.Socio-economic structure:
Is it possible to enforce Hudood Ordinance in the present socio-economic structure of Pakistan? To understand the nature of this phenomenon, it isimperative to know the aims of Islamic teachings. The prime objective of Islamic teachingsis to create a society guaranteeing the development of human personality. It is notdevelopment that wealth concentrate in the hands of the few and large fraction of populationdie of hunger and poverty.
Islam aims at creating such society where social justice prevails,and no one can go scot-free of the clutches of law on account of any privileged status.Keeping in mind the rate of crimes, violations of human rights like honor killings,corruption and nepotism as well as growing poverty we can not forebode well theimposition of Hudood Ordinance in the country. Say the
Prophet Hazrat Muhammad(S.A.W) Lo! Poverty and penury may lead you to apostasy.
In the days of second CaliphHazrat Umer Bin-al-Khatab, famine broke out in the Arabian Peninsula. The rightly guidedCaliph the enforcement of Hud punishment for Sariqa (theft) because in the circumstances,the state was unable to provide economic security to the citizens. Therefore, state was not inits right to award a punishment for which provision of economic security was pre-requisite.2
The decision of the Hazrat Umer Bin-al-Khatab was completely in sync with the spirit of the Holy Quran. As Quran says,
“Do you, then, believe in part of the Book and disbelievein part? There is, therefore, no reward for such among you as do this, except disgracein the present life and on the Day of Judgment, they shall be driven to a most severechastisementAl-Baqarah
If not its complete abolition, it can be amended in the light of suggestions put forward by lawyers, judges, intellectuals and political activists.
Opinion of the Intellectuals2.Dr. Farzan Bari
r Centre for Women Study Quaid-e-Azam University Islamabad,opines that “The Hudood Ordinance which equates rape with Zina (Adultery), demandsrape victim to bring four witnesses-pious Muslim men to prove the crime against them,excludes a non-muslim witness and a woman in case of Hud, and treats even a ten years oldfemale child as adult on the basis of her reaching puberty, has created a havoc in the lives of  poor women. These laws were introduced in the name of Islamisation, which was the political project of a military dictator Ziaul Haq who initiated the process in order tolegitimize its own illegitimate rule. His regime had done a major disservice to Islam byintroducing this un-Islamic piece of legislation in the name of Islam that had brought a badname and defamed Islam wrongly as retrogressive and anti-women religion. All those whoclaim the Hudood Ordinance of 1979 as law of Allah clearly have political motives and areconspiring against Islam. We need to expose such self-proclaimed religious leaders whoseretrogressive interpretation of Islam is only to promote their own vested interests”
Parveen Parvez, a lawyer at Karachi City Court, says that, “This law is mostly used for revenge. Most cases are registered by parents against their daughters who have married of their own choice, or husband whose wives re-marry after divorce”Maulana Moudoodi, a renowned scholar of 
while commenting upon thesystem of Islamic Punishment says that,3

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