Preview

Islamic Law- Hudood

Powerful Essays
Open Document
Open Document
1892 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Islamic Law- Hudood
HUDOOD
Hudood derived from the word ‘Hadd’ is often used in Islamic literature for the bounds of acceptable behavior and the punishments for serious crimes. In Islamic law or Sharia, hudood usually refers to the class of punishments that are fixed for certain crimes that are considered to be "claims of God." They include theft, fornication, consumption of alcohol, and adultery. These offences are specifically mentioned in the Quran and Sunnah. However shortly after coming into power in 1979, General Zia ul-Haq began to Islamize the Pakistan legal system. One measure used to convert Pakistan into an Islamic state was the introduction of hadd offences—those offences for which the Quran prescribed fixed punishments—into the criminal law.

In 1979, General Zia promulgated a series of ordinances which were to revolutionize the legal system of Pakistan. Zia had come to power in 1977 in a coup d’etat which had toppled the government of PM Zulfikar Bhutto. In 1984, Zia had himself confirmed as President of Pakistan by a referendum, which also gave him a mandate to Islamize the legal system of Pakistan. The ordinances introduced into the legal system of Pakistan were ostensibly Islamic criminal laws. As a result, theft, consumption of intoxicants including alcohol, extra-marital sex including rape, and making false allegations of adultery were all governed by Islamic criminal law. Until 1979 these offenses had been governed by the purely secular Pakistan Penal Code— legislation enacted in 1860 by the British colonial government and later adopted by Pakistan at the time of independence in 1947. Adultery and fornication had not been criminal offenses at all.
Zia’s attempt to make the legal system of Pakistan more Islamic was based largely on political motives. Communal tensions and riots in the 1940s reached such threatening proportion that the colonial rulers eventually agreed to the demand of the Muslim League. On August 15, 1947, British India was divided into the

You May Also Find These Documents Helpful

  • Powerful Essays

    Many aspects of a Muslim’s life are governed by Shari’a. Shari’a law originates from a combination of sources such as the Qur’an and the Hadith and also Fatwas…

    • 1927 Words
    • 8 Pages
    Powerful Essays
  • Better Essays

    Essay on Sharia Law

    • 1442 Words
    • 6 Pages

    Immigration in Britain and the problems caused by the coexistence of British and Sharia laws…

    • 1442 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Criminal Law has and will continue to be a fluid and ever-changing aspect of humanity, and yet the distinctive base of religious belief is still a foundation for a variety of laws today. While the separation of church and state is in effect, history states a wide range of laws have been established based on religious beliefs and ideals, the Bible for one, and currently the Qur’an, which is the basis for Islamic Law. It is the only true form of law in the present time that is not backed by a Government because it is a form of law based completely on religion. The two primary sources of the Islamic Law stem from the Shari’s and the Sunnah, the Shari is the law defined by God, or Allah, and told directly to Gods’ prophet on Earth, Muhammad. The Sunnah, the second factor in Islamic Law deals with the issues not addressed in the Qur’an, yet is still in the word of the Prophet. “In a few Islamic countries, including Iran, Saudi Arabia, Pakistan, and Sudan, it is proclaimed as the basis for all law, including the harsh Islamic criminal law based on the ideal of retribution” (Fairchild & Dammer 2001 P. 61). Also stated in the text Comparative Criminal Justice Systems by Fairchild and Danner is the four distinct types of schools in the belief of Islamic Law:…

    • 1361 Words
    • 6 Pages
    Better Essays
  • Good Essays

    The Taliban is a Sunni Islamic fundamentalist group that ruled Afghanistan from 1996 to 2001, they are also considered anti-innovative, meaning they are against modernization of a state. This leads to many terrorist attacks on modernized countries. The goal of the Taliban is to remove foreign forces from Afghanistan and to enforce Sharia law and Islamic government. Sharia law is based on Islam's holy book, the Koran, and concerns with the faith of an individual and how to properly practice Islam. The Taliban first rose to power as a resistance movement following 1979 when the Soviet Union invaded Afghanistan. With the help and supplies from U.S forces, the Taliban was able to successfully force the Soviets into retreat and take control of Afghanistan.…

    • 326 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Indian nationalism developed from the 1880s towards independence in 1947. During India 's journey towards independence there were…

    • 1347 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Sharia, which literally means “the road to the watering hole”, is the clear path or right way that Muslims are to follow. It is God’s guidance for humanity and a source of law and moral guidance which is the basis for both Muslim law and ethnics. It was inspired by the Quran and Sunna as well as Muslim scholars over the first few centuries of Islam. Although Shaira is law it actually extends to all aspects of religion, politics, social, domestic and private life of Muslims.2…

    • 638 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Sharia law is the way of life said by Allah, the Islamic god. This tells Muslims what they can and can’t do. Sharia Law Is still followed in some countries in the Middle East, like Saudi Arabia, Pakistan and Malaysia. Pakistan, for example, was part of the Muslim Empire during the Middle Ages, and during those times, Sharia Law was applied and followed carefully, which is why they still do today, although not that much. An example of this is how a teenage single mom was given 100 lashes for adultery, even though she said 3 men raped her.…

    • 728 Words
    • 3 Pages
    Good Essays
  • Better Essays

    The partition of India in August 1947 was a highly controversial event and has led to widespread speculation regarding its causes and consequences. Orthodox historians credit the creation of Pakistan to Muhammad Ali Jinnah, the leader of the All India Muslim League, and his determination to create a sovereign state for Indian Muslims. However, this view has been contested by a number of historians, who place responsibility for the partition on the political manoeuvring of the Congress and the constitutional reforms of the British Raj. Existing communal tensions and Hindu-Muslim differences have also been blamed for the split. Revisionist historians question whether Jinnah even wanted partition and have suggested that the 'Pakistan' demand was simply a bargaining counter to gain recognition for Muslims. I am going to analyse each interpretation of the event and question the true causes for partition.…

    • 2129 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Many of the so-called laws in Saudi Arabia are in fact not written laws. Often individual judges use their own discretion when punishing people for their crimes as based upon Sharia. Sharia is defined by Oxford dictionary as “Islamic canonical law based on the teachings of the Koran and the traditions of the Prophet (Hadith and Sunna), prescribing both religious and secular duties and sometimes retributive penalties for law breaking.” This can often lead to rulings that follow archaic religious rituals; although it should be noted that Sharia in itself is not sexist, but rather common Saudi Arabian cultural interpretation is sexist. Women are often subject to punishment for acts that are often not thought of as crimes in the Western world. A particularly disturbing case of this was in 2007 when a Saudi court issued a preposterous sentence to a gang-rape victim. The girl had gotten into a car with a boy she knew from her school because he had a picture of her. His having the picture of her was taboo as she was soon to marry another man. Both the boy and girl who were in the car were kidnapped and all involved were punished. The female victim was sentenced to 90 lashings for having had contact with men who were not relatives of hers. Her sentence was later upped to 200 lashes…

    • 1370 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Mufti. N. M. et al. Honor Killing in Pakistan: An Islamic Perspective. Asian Social Science. vol 8 no. (10) (2012) pp. 180-185…

    • 1308 Words
    • 6 Pages
    Better Essays
  • Good Essays

    As a Muslim dominated country, much of the country’s laws are heavily influenced by Shari’a- Islamic laws. (Wikipedia, 2010).…

    • 1029 Words
    • 5 Pages
    Good Essays
  • Better Essays

    The United Kingdom also recriminalized male homosexuality with the Criminal Law Amendment Act 1885 under the reign of Queen Victoria (who was also a Christian). In some Islamic countries, such as Iran, Saudi Arabia and Afghanistan, homosexuality is not only being criminalized but is also punishable by death (Bearak and Cameron, 2016). Although there are no direct evidences stating that religion is the only factor behind the criminalisation of homosexual activities, the aforementioned examples and the facts that homosexual activities are strictly prohibited in Islam, Christianity and Catholics, led to the belief that there is a great link between the criminalisation of certain acts and religion. In fact, the Islamic Law (also known as the Sharia Law) itself is “derived from the religious precepts” of Islam, particularly the Quran. In conclusion, behaviours infracting religious beliefs had a high chance of being criminalised in a religious country, especially in the earlier…

    • 1269 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    Syariah Whipping

    • 3558 Words
    • 15 Pages

    Imposing whipping sentence serves not only to punish the offender for crime committed but to deter commission of the crime in the future. There are various offences which are punishable by whipping such as rape, kidnapping in order to murder, incest, and others. The provision for whipping sentence exists in both Syariah and civil law. The Criminal Procedure Code 1999 contains clear provisions pertaining to whipping on male offenders only because Section 289 of this Code expressly states that women offenders are exempted from whipping sentence. The Syariah law, however, does not distinguish male and female offenders as regards imposing whipping sentence as all offenders shall suffer the same modes of sentencing when they committed any crime. Nevertheless, Syariah Court judges in Malaysia have been reluctant to impose whipping sentence on women offenders until recently. In 2009, the Malaysian public was shocked when the Syariah Court granted whipping sentence to Kartika Seri Dewi Sukarno, Noorazah Baharuddin for consuming intoxicating beer and three other women offenders for Sexual intercourse out of wedlock. The Syariah law in Malaysia has several provisions pertaining to whipping sentence for offences such as drinking intoxication, incest and adultery; however, there is unclear procedure on whipping Muslim women offenders. Thus, this research shall study and analyse the procedural guideline on whipping sentence for Muslim women offenders by analysing the existing law in Malaysia and comparing the law of whipping sentence in other countries. It is hoped that this research would provide a concrete description, explanation and recommendation in improving the…

    • 3558 Words
    • 15 Pages
    Powerful Essays
  • Good Essays

    Islam and Its Practices

    • 328 Words
    • 2 Pages

    Islam includes many religious practices. Adherents are generally required to observe the Five Pillars of Islam, which are five duties that unite Muslims into a community. In addition to the Five Pillars, Islamic law (sharia) has developed a tradition of rulings that touch on virtually all aspects of life and society. This tradition encompasses everything from practical matters like dietary laws and banking to warfare.…

    • 328 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Pakistan Penal Code

    • 70215 Words
    • 281 Pages

    October 6th, 1860 Amended by: Protection of Women (Criminal Laws Amendment) Act, 2006,Criminal Laws (Amendment) Act, 2004 (I of 2005),Criminal Law (Amendment) Ordinance (LXXXV of 2002),Criminal Laws (Reforms) Ordinance (LXXXVI of 2002),etc. Whereas it is expedient to provide a general Penal Code for Pakistan: It is enacted as follows:-…

    • 70215 Words
    • 281 Pages
    Powerful Essays