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    Sexualization of Sharī‘a: Application of Islamic Criminal law (ḥūdūd) in Pakistan

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    Publication date
    2021
    Author
    Abbasi, Muhammad Z.
    Keyword
    Sexualization of Islamic criminal law (ḥudūd)
    Consensual sex and rape
    Patriarchy
    Faith-based application of Islamic law
    Sharī‘a
    Pakistan
    Rights
    © 2021 Brill. Reproduced in accordance with the publisher's self-archiving policy.
    Peer-Reviewed
    Yes
    Open Access status
    embargoedAccess
    
    Metadata
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    Abstract
    In 1979, General Zia ul-Haq promulgated the Hudood Ordinances to provide Islamic punishments for several offenses, but the prosecution for extra-marital sex (zin.) has been disproportionately higher. Based on the analysis of reported judgments, I argue that the higher rate of prosecutions for zin. was a direct result of new laws. Despite carrying the name “Hudood”, these Ordinances specified several ta.z.r offenses with the objective of ensuring prosecutions. By incorporating .add and ta.z.r offenses for zin., the Zina Ordinance blurred the distinction between consensual sex and rape, and thus exposed victim women, who reported rape, to prosecution for consensual sex. The Qazf Ordinance, which might have curbed the filing of false accusations of zin., encouraged them by providing the complainants the defense of good faith. The number of zin. cases has decreased after the reform of the Zina Ordinance and the Qazf Ordinance under the Protection of Women Act, 2006.
    URI
    http://hdl.handle.net/10454/19293
    Version
    Accepted manuscript
    Citation
    Abassi MZ (2021) Sexualization of Sharīʿa: Application of Islamic Criminal (Ḥudūd) Laws in Pakistan. Islamic Law and Society. 29(3): 319-342.
    Link to publisher’s version
    https://doi.org/10.1163/15685195-bja10016
    Type
    Article
    Collections
    Management and Law Publications

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