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Is Zina a Crime in Pakistan?

Published in Pakistani Law 2 mins read

Yes, zina is a crime in Pakistan. It is punishable under the law, though the specific penalties depend on the circumstances and how the offense is proven.

Understanding Zina in Pakistani Law

The term "zina" generally refers to unlawful sexual intercourse in Islam. In Pakistan, the legal framework addressing zina is complex, incorporating both Islamic jurisprudence (Hudood laws) and secular penal codes.

Hudood Laws vs. Tazir

  • Hudood Laws: These laws, derived from the Holy Quran, prescribe specific punishments for zina if it is proven according to strict criteria.
  • Tazir: If the evidence for zina does not meet the high standards required for Hudood punishments, the offense falls under the category of Tazir. Here, punishments are determined by Pakistani Penal Code (PPC) sections 376, 496-B, and 496-C.

According to the provided reference, "offence of Zina is punishable under the Hudood laws if proved as per requisite criteria entails in the Holy Quran otherwise it falls under the term Tazir for which the penal punishments are imposed under sections 376, 496-B and 496-C of PPC."

Penalties Under Tazir (PPC)

  • Section 376 of the PPC deals with rape and carries significant jail sentences and potentially fines.
  • Sections 496-B and 496-C of the PPC cover offenses related to adultery and enticing away a married woman.

Key Takeaways

Aspect Description
Zina Unlawful sexual intercourse as understood under Islamic law.
Punishable Yes, under both Hudood laws and the PPC.
Hudood Specific punishments as defined in Quran, if proven with strict evidence.
Tazir Punishments under PPC for zina cases not meeting the Hudood criteria. Typically involves imprisonment and fines.
PPC Sections Relevant sections include 376 (rape) and 496-B and 496-C (related to adultery and enticing away a married woman).

Conclusion

Zina is indeed a crime in Pakistan, with punishments varying depending on the level of evidence and whether it is dealt with under Hudood or Tazir laws. Pakistani law provides legal avenues to address acts of zina, ensuring justice and order within society.

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