* Justice (retd.) Dr. Javed Iqbal (Legal
* Mufti Ghulam Sarwar Qadri (Religious Scholar)
* Dr. Mohmmad Farooq Khan (Religious scholar
– Al Mawrid)
* Maulana Mohammad Hanif Jalandhari (President
- Comment by
“Zara Sochieye is a formal initiative
by GEO that attempts to highlight issues
that promote and/or represent imbalance
and injustice in our society and have
divided us for years. The Hudood Ordinance
was enforced in 1979 during the rule of
Gen. Zia ul Haq. Since its inception there
has been a great debate on the Hudood
laws without any resolution, till this
day. Time and again, it has been stated
that the Hudood Ordinance is based on
the word of Allah but the law has proved
to be otherwise. A law that gives power
to the criminal and further victimizes
the victim, has led to complications in
society and is a misrepresentation of
Islam. 27 years after it is imposition,
the Hudood Ordinance has proved to be
an important issue facing the Pakistani
The opinion of the experts in a report
on Hudood Ordinance:
- In the legal evidence, it is stated
that a witness would be taken as an
authentic agent only if he satisfies
the criteria set in Tazkia-al-Shahood.
- If a woman cannot get four males who
satisfy the criteria of Tazkia-al-Shahood
and give testimony for her in court,
she ends up getting a case of adultery
lodged on her.
- The concept of Hudd in Islam is different.
We have to suppose that there is an
Islamic society that exists in here,
where the existing norms are with in
the confines of Islam, only then can
it be applicable. If a man cannot bring
four witnesses for him, then you cannot
put Hudd on a female.
- Hudood Ordinance is based on commands
of Allah and I am not against it. But
its imposition is on the poor class
of the society. No rich person, has
ever been booked in a Hudood Case and
it just the poor who are rounded up.
- Hudood Ordinance gives women the
protection they never enjoyed before.
Hudood Ordinance was created keeping
in mind the Hudood Allah and to differentiate
between this ordinance and the limits
set by Allah is foolish.
- The Federal Shariat Court, the Supreme
Court and the High Courts have stated
that, in accordance with the Hudood
Ordinance, the testimony of the victimized
woman is more than enough to convict
- Islam says that if witnesses are
present, then conviction should take
place otherwise it cannot.
The ordeal of a woman victimized
under the Hudood Ordinance.
Source: report on Hudood Ordinance:
“What worse could happen with
a woman who had a roller run over her?
What crime did I commit? I was raped!
My daughter was raped, my son was abused,
but being a woma, I could not get justice.”
Sahab, when we look at the Hudood Ordinance,
it defines Hudd as the punishments prescribed
in the Quran and Sunnah. What is the basic
Mufti Ghulam Sarwar Qadri: As far as Hudd
is concerned, this means the final limits.
In accordance with the Islam and Shariyat,
Hudd punishments are those that are set
by Allah and you cannot make any changes
to them. Then there is the justice system
of Tazir, wherein a judge can impose a
punishment keeping in mind the nature
of the crime and the criminal. The punishment
given out as such is called Tazeeraat.
of Hudd and Tazir that you gave, where do
you quote them from?
Mufti Ghulam Sarwar Qadri: The literal meaning
of Hudd is limit. When you are talking in
terms of Shariat and the laws related to
it, the Hudd implies punishments that have
been prescribed in the Holy Quran or by
the Holy Prophet. You cannot increase or
decrease the punishments under Hudd.
* Dr. Sahab, in
the light of the Holy Quran, how do we comprehend
the word Hudd?
Dr. Mohammad Farooq
Khan: The word Hudd has been used 14 times
in the Holy Quran and covers all the limits
that a Muslim should take care of. For instance,
in Nikah, Talaq and Zahar, Hudd is used.
In Surah Tuba, it is stated, that those
who have not been educated, they have a
greater chance of being ignorant to Islamic
Hudood. All the things that fall within
the radius of Islam, they are under Hudood.
The way there are laws set for Nikah and
Zahaar, similarly there are limits for crimes
too. In a Hadith, the Holy Prophet has used
the word Hudd once. He said that no more
than ten lashes be awarded in any situation
apart from Hudd.
* According to Dr.
Mohd. Farooq Khan, the definition of Hudd
kept in front of us and the acts on which
it is applicable is based on the wisdom
of our elders. Has Allah discriminated between
Hudd and Tazir?
Dr. Javed Iqbal: Yes you can say that there
is a differentiation set by Allah. Tazir
are those punishments which a man can amend.
Hudd, even in its literal English translation
means ‘fixed penalties’. The
second opinion that is being presented here
is that Hudd is an extreme penalty and keeping
the circumstances in the mind, the punishment
can be reduced. As far as to what Mufti
sahib says that Hudd is the final punishment
and there can be no compromise, I do not
agree with this premise.
* Is it possible
to decrease Hudd in a Zina case?
Hanif Jalandhri: In Quran, a word can be
used many times but what is important is
the context it is used in, so a word may
not have the same meaning always. For instance
in the Nikah and Talaq issues, Hudd is interpreted
in a different manner. All words used in
the Holy Quran have been comprehended in
the light of Hadith and in the Ahadith,
the word Hudd is also used as Tazir. When
both of these are used. It means there is
some difference between them too. There
are the sayings of Sahaba that we are also
dependent on. There are many words that
have not been described in the Holy Quran
or the Ahadith but they have been explained
by the learned. The Ummah has had a belief
in these for 1400 years.
* In the Quran,
100 lashes are the punishments for Zina.
However, there is a differentiation created
here regarding the marital status of the
Zani, do you think is in accordance with
Dr. Javed Iqbal: Nothing can be said about
this. It is a western concept where sex
crimes have been dealt with in various categories.
One thing is adultery where both the parties
are married but have indulged in extra martial
sex, and then there is fornication where
one party is married while the other is
unmarried. Third is the carnal knowledge
where a mature man keeps relation with a
young girl, fourth is rape where one is
forced into the act and then there is eloping
where a woman runs away with a man. These
are various categories and all have different
definitions. In our Hudood Ordinance, Zina
is an ambiguous term, where no clear cut
difference is made between a rape and extra
As far as the Hudood Ordinance
is concerned, it is leading to a lot of
problems. The difference between Hudd and
Tazir is clear. Our judges are trained in
modern jurisprudence in law colleges, where
we are taught that if you cannot prove a
crime with evidence, you cannot charge a
person under another law/ In the Ordinance
however, the case is lodged under Hudd but
if the crime is not proved, then the case
is prosecuted under Tazir laws. This is
against the principles of modern jurisprudence.
* Either a crime
can be proved or it cannot be proved. How
can a middle ground be reached in this regard?
Sarwar Qadri: If four witnesses are not
there, then Hudd is not applicable and neither
can the case be prosecuted under Tazir.
Maulana Mohammad Hanif Jalandhri:
If a Zina case is being registered, than
four witnesses are needed and one has to
see if the witnesses fulfill the criteria.
But it is important to have four witnesses.
* Do you agree with
Farooq Khan: The biggest flaw in the Hudood
Ordinance is that it does not deal with
Zina-bil-Jabr and Zina-bil-Raza separately.
All of us know that Zina-bil-Jabr is an
act that takes place in secluded environs
which is safe for the criminal so there
cannot be any witnesses. This Ordinance
has completely closed the doors of justice
for the victims if they cannot get four
witnesses and then there is the issue of
Qazf. The thing is that Zina-bil-Raza and
Zina-bil-Jabr are two different acts. Zina-bil-Jabr
comes under Fisad-fil-Arz. The condition
of four witnesses is justified in case of
Zina-bil-Raza as this puts social pressure
on a man and keeps him away from committing
such an act.
* What is the impact
of this law on the society?
Dr. Javed Iqbal: In our society, any law,
no matter how sincerely it is created, can
be manipulated. For instance, if a woman
leaves with her free will and marries a
man, her parents will lodge a Zina case
and again the police can be manipulated.
When the Hudood Ordinance was implemented,
I was the Chief Justice in Punjab and during
that time I saw countless cases where gross
injustice was done using this Ordinance.
In Bahawalpur University, a girl went to
meet a professor and some students belonging
to a religious organisation locked the door
of the professor’s office and went
to the Imam of the mosque and told him tat
Zina was talking place in the office. The
Imam accompanied them to the campus. When
the door was opened, the professor and the
student were naturally very disturbed. The
Imam of the mosque gave a testimony saying
that Zina occurred. I was on a trip to Bahawalpur
and met up with the Imam. I asked him to
be honest. He told me that the students
belonging to a religious organization stated
that Zina was taking place, although he
never saw the act and just gave the testimony.
He said that the religious party he was
affiliated with had told him not to change
the statement as Qazf would be applied on
him (Imam). I released the girl and the
student on bail but the future of both is
* The use of Hudood
Ordinance is casting a shadow. Is it because
the law was implemented on us without education
Sarwar Qadri: We are not backing the Hudood
Ordinance and we are totally against the
misuse of it by the Police. Islam does not
tell us to implement punishments till the
environment is conducive for laws to be
workable. First, we should pave way for
the laws to be applicable and then they
should be enforced. Take a look at Saudi
Arabia, there women are not allowed to roam
around in half sleeves or with uncovered
heads. There, they have gotten a hold on
this practice and then they have enforced
* Dr. Sahab says
that Zina-bil-Jabr is an act of terrorism
and it should not be treated under the criteria
set for Zina. Do you agree with him?
Hanif Jalandhri: Zina-bil-Raza and Zina-bil-Jabr
are two different acts and every sane person
would know this. In Zina-bil-Jabr, force
is used making it a terrorist act. This
issue should be looked into and reviewed.
* Hudood Allah and
Hudood Ordinance are two different things,
what is your opinion about this?
Farooq Khan: It is my mission to spread
the light of Islam and defend the Hudood
Allah and see that the laws of Islam are
enforced. What we are against is that when
the Hudood Ordinance was enforced, society
was not educated properly and no awareness
was there. It has been proved over time
that there were many things in the ordinance
that are not right or justified.
* For the Islamiziation
of the society, do you say these laws are
Hanif Jalandhri: I think having a dialogue
on the issue of Hudood Ordinance is the
best option but we have to decide whether
we want to review the ordinance under the
laws of the land, our cultural traditions
or western values. For those who think that
this law is being changed under western
pressures, they are mistaken. Taking cover
of this law, many crimes have taken place
and this goes on to show that law is not
justified according to the teachings of
Islam. It is the duty of the government
and related institutions to remove these
misconceptions. It is sad that here our
emotions have taken a religious shade and
suggestion is being touted as revelation.
* Has the Hudood
Ordinance led to a division in the society?
How can this situation be dealt with?
Dr. Javed Iqbal: In my opinion, this ordinance
should be discarded and another act should
be put in use that is in conformity with
our present situation. For instance, a man
and woman elope and get married. If they
are implicated in a Hudood case and they
tell the court that have contracted marriage.
But if the Nikah is not registered and the
court allows it, then little deference reins
between legitimate and illegitimate relations.
Zina-bil-Raza an act that takes place with
the consensus of both the parties.
Dr. Mohammad Farooq Khan:
In Pakistan, the courts have taken to the
extremes as pointed out by Dr. Javed Iqbal.
Under the Hudood Ordinance, thousands of
innocent people were punished, they were
kept in captivity for 10 years for no reason.
The courts should review and rewrite these
laws. They should include clauses that make
the laws less harsh. The Holy Prophet has
said that if 100 criminals are set free,
it is not a big issue but if one innocent
person is convicted, then it’s not
right. The Hudood Ordinance should be rewritten
and made a part of the common laws.
* How can the faults
in the Hudood Ordinance be rectified?
Sarwar Qadri: Hudood Ordinance is full of
shortcomings. It should be implemented as
an ordinance, not the word of Allah. For
any system to work, the knowledge for its
use should be there but sadly our judges
are not acquainted with the system.
Maulana Mohammad Hanif Jalandhri:
In my opinion, the Hudood Ordinance should
not be discarded. It should be reviewed
under the light of Quran and Sunnah and
be updated according to the present times.
* The Hudood Ordinance
did not lead to a decrease in crimes and
in fact the graph has risen. Do you think
the laws have done justice?
Farooq Khan: Due to ambiguities in the ordinance,
the criminals emerged with more power and
the victimization increased. Under the Hudood
Ordnance, no one can prove Zina-bil-Jabr
given the criteria of witnesses.
comment by Khursheed Nadeem:
“The discussion on Hudood
Ordinance, which was enforced 27 years ago,
took note how effective the laws had been
in curbing crimes and in the Islamization
of our society. All the participants agreed
that the Hudood Ordinance is flawed and
lacks Islamic identity. The situation probes
us to think and act. It is time we review
the law and see whether it is in conformity
with the Hudood Allah. The Hudood Ordinance
is man made law and can be reviewed and