Saturday, October 14, 2006

Pakistani Ways for Sexual Abuse in the Name of God

From Western Resistance:
The Hudood Ordinances, which are a part of the Pakistan Penal Code which are derived from sharia, were introduced on February 10,1979, by the dictator General Zia ul-Haq. What is so controversial about these laws, apart from their breaking Article 25 of the constitution which outlaws discrimination on the grounds of gender or religion, is their blurring of the distinction between rape and adultery.

In article 8 of the Hudood laws, proof of zina (illegal intercourse, i.e. adultery or fornication) or zina-bil-jabr (rape) requires that either a) "the accused makes before a Court of competent jurisdiction a confession of the commission of the offence" or b): "at least four Muslim adult male witnesses, about whom the Court is satisfied, having regard to the requirements of tazkiyah al-shuhood, that they are truthful persons and abstain from major sins (kabair), give evidence as eye-widnesses of the act of penetration necessary to the offence: Provided that, if the accused is a non-Muslim, the eye-witnesses may be non-Muslims."

Firstly, the law means that non-Muslims cannot testify against Muslims, contravening Article 25 of the constitution. They also have to be male, against Article 25. If there are only Muslim women as witnesses, there must be eight ready to testify, as a woman's testimony in Islamic law is worth half that of a man.

Secondly, the law means that for a rape or act of adultery to be prosecuted, the same rules apply. Four Muslims must have witnessed such an act, which in practice rarely happens in cases of rape or adultery.

But most importantly, adultery (zina) is proven if a person admits to the act. Therefore, a woman who has been raped and takes the matter to court or reports it to the police is then accused of adultery, unless she can muster four male Muslim witnesses to the event. The maximum penalty for zina or zina-al-jabr is stoning to death.

This basically insures the right for women to be abused by men. If they tell, they can be prosecuted. If they demand justice, they can be stoned. No protection for the innocent under this code of law.

Where is the outrage in the West, especially in feminist circles?


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