Abstract

http://ssrn.com/abstract=1538002
 


 



Cases and Controversies: Pregnancy as Proof of Guilt Under Pakistan's Hudood Laws


Moeen Hayat Cheema


ANU College of Law

2006


Abstract:     
Pakistan's Hudood (Islamic criminal) laws have been a source of controversy since their promulgation by the military regime of General Muhammad Zia-ul-Haq in 1979. For their supporters, these laws are a welcome step towards the enforcement of shari'ah (Islamic law) and, as such, represent a logical and inevitable progression of those historic processes that had led to the creation of the Islamic Republic of Pakistan. To their opponents, these laws represent gross violations of fundamental human rights and constitutional norms designed to uphold democratic participation in lawmaking and the equality of citizens irrespective of their religion or gender.

This paper will survey the contours of the controversies surrounding the Hudood laws, and seek to broaden the horizons of the debate surrounding these laws by incorporating an “Islamic critique” of these laws that has generally been lacking in the discourse. More importantly, the paper seeks to analyze the role that the Federal Shariat Court has played in substantively shaping the law, through a chronological analysis of the Court's decisions on the most contentious aspects of the Hudood laws: the conviction of rape victims for zina (consensual adultery/fornication) regarding as proof the pregnancy caused by the rape. This analysis will indicate the strengths of the Islamic critique and propose reforms that may offer a viable avenue for alleviating the hardships perpetrated in the application of the Hudood laws.

Number of Pages in PDF File: 28

Keywords: Pakistan, Hudood, Islamization, Islamic law, zina

working papers series





Download This Paper

Date posted: January 18, 2010  

Suggested Citation

Cheema, Moeen Hayat, Cases and Controversies: Pregnancy as Proof of Guilt Under Pakistan's Hudood Laws (2006). Available at SSRN: http://ssrn.com/abstract=1538002 or http://dx.doi.org/10.2139/ssrn.1538002

Contact Information

Moeen Hayat Cheema (Contact Author)
ANU College of Law ( email )
Canberra, Australian Capital Territory 0200
Australia

Feedback to SSRN


Paper statistics
Abstract Views: 726
Downloads: 131
Download Rank: 130,452

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.563 seconds