Pakistan, the Hudood Ordinance and women as Second Class Citizens

General Zia
General Zia

Turmoil in Pakistan

Basis of Pakistan

Pakistan is a theocratic state founded on the basis that Muslims of the sub-continent are a different ‘nation’ and thus deserve a separate home land. This plea was accepted by the British and the state of Pakistan was carved out of India in 1947. The first Governor General of Pakistan was Mohammed Ali Jinnah a man who claimed to be secular, yet espoused the cause of a separate Muslim state.

Clamor for the Sharia by Religious Fanatics

The raisen d’être of Pakistan is a Muslim state and from the beginning there was a growing clamor for implementation of the Sharia, which was resisted by the educated elite and intellectuals. initially Pakistan inherited all the laws framed by the British but a growing clamor by the religious ulema , who were in a minority soured the atmosphere.

Zulfikar Bhutto and His Constitution

The first years after creation of Pakistan the laws enacted by the British were adopted by Pakistan. The advent of Zulfikar Ali Bhutto in 1972 was a watershed in Pakistan politics. Bhutto for all his qualities was a poor leader and it was no surprise that he was overthrown in a military coup in 1977 by General Zia-ul-Haq. But before that he had framed a constitution which had elements of equality for all.

Rise of general Zia

General Zia had very little mass following and wished to get rid of Bhutto who had some standing among the masses. He subsequently got Bhutto hanged on a charge of conspiracy to murder a political opponent. But despite the exit of Bhutto General Zia-ul-Haq felt insecure. He however hit on a novel idea to win support of the hard line Islamic mullahs and groups by enacting an ordinance known as the Hudood ordinance.

Zia's Game Plan: Passing the Hudood Ordinance

This ordinance passed certain laws with regard to women and took away rape and allied crimes outside the purview of the Pakistan Penal code and replaced them with the Sharia. This pleased the hard line Muslim elements and Zia got a fresh lease of life.

Hudood and Women

The passage of the Hudood ordinance was an anti-woman law. It made the application of the Sharia mandatory in the case of rape. It also brought to the fore the Islamic view of jurisprudence which specifies that the evidence of a woman is half of a man. Thus to corroborate an act a single woman is not enough but must be evidenced by 2 women. The repercussions of this were ominous as two women need to testify to corroborate an event like a rape. Since a rape is usually done in secret the evidence of a woman that she had been raped by a man could not stand in a Sharia court.

Applicability of Sharia on Rape

Another draconian interpretation that was accepted based on the Sharia is that for any crime (including rape) the requirement of 4 witnesses is mandatory. The result of this is that it is impossible to secure a conviction of a rapist for the simple reason

a) Woman’s evidence that she is raped is not admissible.

b) As rape is generally carried out in secrecy, the requirement of 4 witnesses as per the Shariat to corroborate the crime is impossible.

Rights of Women

In real terms a rapist could not be convicted. There was a negative fall out of this ordinance. In case a woman could not prove a rape charge she was open to being charged with adultery (Zinna) as per the Sharia as she had consummated sex outside marriage. The punishment for Zinna in the Sharia is death by stoning.

The Hudood ordinance thus took away the rights of women and the world sat and watched. In Pakistan many NGO’s led by human rights activist Asma Jahangir have campaigned against this law, but the law stands.

Last Word

The Hudood ordinance has had its effect and many Pakistani women are in jail for claiming to be raped as they cannot prove rape as per the tenets of the Sharia. Most have been charged with Zinna. General Haq has gone, assassinated in an air crash but this nefarious law is not repealed.In Pakistan there is little discussion about this ordinance and nobody dare talk about it as it will clash with teh hard line religious lobby. This is indeed sad and one wonders where Pakistan is heading.

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Comments 4 comments

Michele Travis profile image

Michele Travis 4 years ago from U.S.A. Ohio

Thank you for this hub. More people need to be aware of this, because Sharia law has started to come to the United States and Sharia law is against women. Sharia law is against women and women are the only ones who can be punished for it. Your hubs have so much information in them. May I SHARE this hub?


MG Singh profile image

MG Singh 4 years ago from Singapore Author

Yes pleease , you are welcome


Michele Travis profile image

Michele Travis 4 years ago from U.S.A. Ohio

Thanks, I just shared this. I hope more read this. This hub is important.


Ginger Ruffles 4 years ago

Thank you for writing this. It's an extremely helpful and informative hub!

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