Brief History Of Shariah Ordinance. How it affected the Society Why Women Act came into being in Pakistan

1. Shariah Ordinance
IS IT A DIVINE LAW?

2. Islamization under General Zia Ul Haq
1977-1988
1.Reign to Power in
1977
2.The enforcement of
Nizaam E Mustafa
3. Possible motivations
for the Islamisation
program included Zia's
personal piety

3. Key Points of Shariah Ordinance
1. Hudood Ordinance
2. Prohibition of Alcohol
3. Adultery (Zina) Ordinance
4. Media Reforms
5. Ramadan Ordinance
6. Dress Code
7. Patronization of Religious
Institutions
8. Zakat and Ushr Ordinance
9. Blasphemy Laws
10. Qiyas and Diyat Ordinance

4. Sharia ordinance
1988
• General Zia Ul Haq dissolved Muhammad Khan Junejo’s Government in 1988
and to satisfy public mind he issued “SHARIA ORDINANCE” on 15 June 1988.
• According to it Sharia was decleared supreme Law of the country.

5. DIVINE OR NOT?

6. • Sharia is Divine
• True essence of Sharia
• Use of Islam for political
gains
• The Hudood and Zina
Ordinance
• Too much emphasis on
punishments
• Intentions were not true.
• Lack of will, strategy
and planning.

7. Affects of Shariah Law
on the Society
HOW WAS THE SOCIETY AFFECTED?

8. • Zia’s attempt to make the legal system of Pakistan more Islamic was based
largely on political motives
• Zia’s campaign to turn Pakistan into an Islamic state consisted of two
measures.
1. The first one, consisted of the introduction of hadd offenses into the
system of criminal laws.
2. The second measure consisted of creating an entirely new court with
exclusive jurisdiction to examine whether or not a law is in accordance with
the injunctions of Islam.
• In a nutshell, the Zina Ordinance made all sexual intercourse outside a
legally valid marriage a criminal offense.

9. AFFECTS
• From its inception, the Zina Ordinance was opposed by Pakistani nongovernmental organizations
(NGOs) and human rights advocates.
• In its application it had a disproportional effect on women, who found themselves increasingly
imprisoned as a result of accusations of adultery, frequently made by their husbands.
• While it was easy to file a case against a woman accusing her of adultery, the Zina Ordinance made it
very difficult for a woman to obtain bail pending trial.
• Worse, in actual practice, the vast majority of accused women were found guilty by the trial court
only to be acquitted on appeal to the Federal Shariat Court.
• By then they had spent many years in jail, were ostracized by their families, and had become social
outcasts.

10. • By creating the new offenses of adultery and fornication, the Zina Ordinance
caught women who had suffered rape in an insidious legal trap
• Religious minorities, societal intolerance and violence against minorities and
Muslims promoting tolerance increased, and abuses under the blasphemy laws
continued.
• The country's blasphemy laws continued to be used as a legal weapon against
religious minorities and other non-Muslims. Members of other Islamic sects,
Christians, Sikhs, and Hindus also reported governmental and societal
discrimination.
• Extremists in some parts of the country demanded that all citizens follow a strict
version of Islam and threatened brutal consequences if they did not abide by it.

11. However, Under Zia the economy grew on average 6.7
per cent.
Reducing the impact of harmful products: Shariah
principles forbid any investment that would support
industries or activities that are considered harmful to
the people and the society in general. This includes
usury, speculation and gambling, irrespective of
whether these are legal or not in a given territory.
Namaz: Zohr prayers were to be prayed in the offices.
Friday as National Holiday: Friday was said to be a
National Holiday.
The conventional banking system is based on
paying interest at a pre-determined rate on
deposits of money. As both payment and receipt of
interest is prohibited by the Shariah law, Muslims
generally abstain from banking.

12. Women Protection Act
WHY WAS THERE A NEED OF WOMEN PROTECTION ACT?

13. 1-Domestic Violence
• What Shariah says: Many
claim sharia law encourages
domestic violence against
women, when a husband
suspects (disobedience,
disloyalty, rebellion, ill
conduct) in his wife. Other
scholars claim wife beating, for
nashizah, is not consistent
with modern perspectives of
the Quran.

14. • Domestic violence in Pakistan is an endemic social and public health problem.
According to a study carried out in 2009 by Human Rights Watch, it is estimated
that between 20 and 30 percent of women in Pakistan have suffered some form of
abuse.
• An estimated 5000 women are killed per year from domestic violence, with
thousands of others maimed or disable. Women have reported attacks ranging
from physical to psychological and sexual abuse from intimate partners.
• A survey carried out by the Thomson Reuters Foundation ranked Pakistan as the
third most dangerous country in the world for women. The majority of victims of
violence have no legal recourse. Law enforcement authorities do not view domestic
violence as a crime and usually refuse to register any cases brought to them. Given
the very few women's shelters in the country, victims have limited ability to escape
from violent situations.

15. Punjab Protection Of Women Against Violence
Act Of 2016
• Since the Constitution of the Islamic Republic of Pakistan, while guaranteeing gender
equality, enables the State to make any special provision for the protection of women, it is
necessary to protect women against violence including domestic violence, to establish a
protection system for effective service delivery to women victims and to create an enabling
environment to encourage and facilitate women freely to play their desired role in the
society, and to provide for ancillary matters;
• Be it enacted by Provincial Assembly of the Punjab as follows:
1. Short title, extent and commencement.–
(1) This Act may be cited as the Punjab Protection of Women against Violence Act 2016.
(2) It extends to the whole of the Punjab.
(3) It shall come into force on such date as the Government may, by notification, specify and
different dates may be so specified for various areas in the Punjab.

16. 2- Sexual Abuse
• Officially known as "The
Offence of Zina
(Enforcement of Hudood)
Ordinance (VII of 1979)"
refers to fornication,
adultery and Zina bil
Jabbar (rape). The most
controversial of the four
ordinances.

17. • Under hadd, eyewitnesses evidence of the act of penetration by "at least four
Muslim adult male witnesses", about whom "the court is satisfied", that "they are
truthful persons and abstain from major sins . Because of this stringent standard, no
accused has ever been found guilty and stoned to death in Pakistan, and
punishments have been awarded only under the Tazir provision of the Hudood
Ordinance.
• The ordinance also abolished Pakistan's statutory rape law.
• The 2006 Act has now deleted Zina bil Jabbar from the Zina Hudood Ordinance and
inserted sections 375 and 376 for Rape and Punishment respectively in the Pakistan
Penal Code to replace it.

18. Section-375 Rape
• A man is said to commit rape who has sexual intercourse with a woman under
circumstances falling under any of the five following descriptions,
(i) Against her will.
(ii) Without her consent.
(iii) With her consent, when the consent has been obtained by putting her in fear of
death or of hurt.
(iv) With her consent, when the man knows that he is not married to her and that the
consent is given because she believes that the man is another person to whom she is
or believes herself to be married; or
(v) With or without her consent when she is under sixteen years of age.
Explanation: Penetration is sufficient to constitute the sexual intercourse necessary
to the offence of rape.

19. Section-376 Punishment of Rape
(1) Whoever commits rape shall be
punished with death or imprisonment of
either description for a term which shall
not be less than ten rears or more, than
twenty-five years and shall also be liable to
fine.
(2) When rape is committed by two or
more persons in furtherance of common
intention of all, each of such persons shall
be punished with death or imprisonment
for life.".

20. Need for Act
• In 1979, before the ordinances went into effect there were 70 women held in
Pakistani prisons. By 1988, there were 6000. Critics complained that the law had
become a way for "vengeful husbands and parents" to punish their wives or
daughters for disobedience, but that "whenever even small changes" were
proposed, religious groups and political parties staged "large scale demonstrations"
in opposition.
• Up to 72% of women in custody in Pakistan are physically or sexually abused.
• The group War Against Rape (WAR) has documented the severity of the rape
problem in Pakistan and of police indifference to it.
• WAR is an NGO whose mission is to publicize the problem of rape in Pakistan; in a
report released in 1992, of 60 reported cases of rape, 20% involved police officers. In
2008 the group claimed that several of its members were assaulted by a religious
group as they tried to help a woman who had been gang raped identify her
assailants.