THE OFFENCE OF QAZF (ENFORCEMENT OF HADD) ORDINANCE, 1979

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THE OFFENCE OF QAZF (ENFORCEMENT OF HADD)

ORDINANCE, 1979

CONTENTS

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THE OFFENCE OF QAZF (ENFORCEMENT OF HADD) ORDINANCE, 1979

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ORDINANCE No. VIII OF 1979

[ 10
th
February, 1979]

An Ordinance to bring in conformity with the injunctions of Islam the law relating to the

offence of qazf

WHEREAS it is necessary to modify the existing law relating to ‘ qazf ’ so as to bring it In

conformity with the injunctions of Islam as set out in the Holy Quran and Sunnah;

AND WHEREAS the President is satisfied that circumstance exi st which render it necessary

to take immediate action;

NOW, THEREOF, in pursua nce of the proclamation of the f ifth day of July, 1977, read with

the Laws (Continuance in Force) order, 1977 (C.M.L.A. Order No. I of 1977), and in exercise of all

powers enabl ing him in that behalf, the President is pleased to make and promulgate the following

Ordinance: ―

(1) This Ordinance may be called the Offence of

Qazf (Enforcement of Hadd ) Ordinance, 1979.

(2) It extends to the whole of Pakistan.

(3) It shall come into force on the twelfth day of Rabi - ul - Awwal, 1399 Hijri, that is, the tenth

day of February, 1979.

context, ―

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[ “ (a) “ adult ” , “ hadd ” , and “ zina ” have the same meaning as in the Offence of Zina

(Enforcement of Hudood) Ordinan ce, 1979; and ” ]

(b) all other terms and expressions not defined in this Ordinance shall have the

same meaning as in the Pakistan Penal Code (Act XLV of 1860), or the Code

of Criminal Procedure, 1898 (Act V of 1898).

representations, makes or publishes as imputation of zina concerning any person intending to harm,

or knowing or having reason to believe that such imputation will harm , the reputation, or hurt the

feeling s, of such person, is said, except in the cases hereinafter excepted, to commit qazf .

______________________ ____________ _______________________________________________

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This Ordinance has been applied to the Provincially Administered Tribal Areas of Baluch istan, by Baluchistan Govt. Notification No. S. O. (TA) - 3

(46)/79, dated 24 - 4 - 1979, see Baluchistan Gazette, 1979, Ext., (Issue No. 58), dated 14 - 6 - 1979.

This Ordinance has been applied to the Federally Administered Trib al Areas, by S. R. O. No. 362(1 )/79, dated 23 - 4 - 1979, see Gaz. of P., J 979, Ext.,

PL II, p. 632.

This Ordinance has been applied to the Provincially Administered Tribal Areas of the N.W.F.P. by N. W. F P., Government Notif ication No. 127 - HD

(TA. III/79 - 11 dated 26th May, 1979, see N. W. F. P. Government Gazette, Ext., 1979, p. 1101.

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Subs. by Act VI of 06, s. 19 .

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Explanation 1. - It may amount to Q azf to impute zina to a deceased person, if the imputation

would harm the reputation, or hurt the feelings, of th at person if living, and is hurt ful to the feelings

of his family or other near relatives.

Explanation 2. - An A mputation in the form of an alternative or expressed ironically, may

amount to qazf .

First exception (imputation of truth which public good requires to be made or published) . I t

is not qazf to impute zina to any person if the imputation be true and made or published for the public

good. Whether or not it is for the public good , is a question of fact.

Second exception (Accusation pre ferred in good faith to authoris ed person). - S ave in the

cases hereinafter mentioned, it is not qazf to prefer in good faith an accusation of zina against any

person to any of those who have lawful authority over that person with respect to t he subject matter

of accusation.

(a) A complainant makes an accusation of zina against another person in a Court,

but fails to produce four witnesses in support thereof before the Court.

(b) According to the finding of the Court, a witness has given false evidence of

the commission of zina or zina - bil - jabr .

(c) acc ording to the finding of the Court, a complainant has made a false

accusation of zina - bil - jabr .

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commits qazf of zina liable to hadd against a par ticular person who is a muhsan and capable of

performing sexual intercourse is, subject to the provisions of this Ordinance, said to commit qazf

liable to hadd .

Explanation 1. - In this section, “ muhsan ” means a sane and adult Muslim who either has had

no sexual intercourse or has had such intercourse only with his or her lawfully wedded spouse.

Explanation 2. - If a person makes in respect of another person the imputation that such other

person is an illegitimate child, or refuses to recognize such person to be a legitimate child, he shall be

deemed to have committed qazf liable to hadd in respect of the mother of that person.

6 (1) . Proof of qazf liable to hadd .
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[ (1) ] Proof of qazf liable to hadd shall be in one of the

following forms, namely: -

(a) the accused makes before a Court of competent jurisdiction a confession of the

commission of the offence;

(b) the accused commits qazf in the presence of the Court; and

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Omitted an d renumbered by Act VI of 06, s s . 20 & 2 1 .

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(c) at least two Muslim adult male witnesses, other than the victim of the qazf ,

about whom the Court is satisfied, having regard to the requirements of

tazkiyah al - shuhood that they are truthful persons and abst ain from major sins

( kabair ), give direct evidence of the commission of qazf :

Provided that, if the accused is a non - Muslim, the witnesses may be non - Muslims:

Provided further that the statement of the complainant or the person authorized by him shall

b e recorded before the statements of the witnesses are recorded.

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[(2) The Presiding Officer of a Court dismissing a complaint under section 203A of the Code

of Criminal Procedure, 1898 or acquitting an accused under section 5 of the Offence of Zina

(Enfor cement of Hadood) Ordinance, 1979 (Ordinance VII of 1979), if satisfied that the offence of

qazf liable to hadd has been committed, shall not require any proof of qazf and shall proceed to pass

sentence under section 7. ]

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(1) Whoever commits qazf liable to hadd shall be

punished with whipping numbering eighty stripes.

(2) After a person has been convicted for the offence of qazf liable to hadd , his evidence

shall not be admissible in any Court of law.

(3) A punishm ent awarded under sub - section (1) shall not be executed until it has been

confirmed by the court to which an appeal from the Court awarding the punishment lies; and, until

the punishment is confirmed and executed, the convict shall, subject to the provisio ns of the Code of

Criminal Procedure, 1898 (Act V of 1898) relating to the grant of bail or suspension of sentence, be

dealt within the same manner as if sentenced to simple imprisonment.

on
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* * * a complaint lodged in a Court by the following, namely:

(a) if the person in respect of whom the qazf has been committed by alive, that

person, or any person authorized by him; or

(b) if the person in respect of whom the qazf has been committed by dead, any of

the ascendants or descendants of that person.

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(1) Hadd shall not be imposed

for qazf in any of the following cases, namely: ―

(a) when a person has committed qazf against any of his descendants:

(b) when the person in respect of whom qazf has been committed and who is a

complainant has died during the pendency of the proceedings; and

(c) when the imputation has been proved to be true.

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added & Omitted by Act VI of 06, ss . 21 & 22 .

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[(2) In a case in which, before the execution of hadd, the complainant withdraws his

allegation of qazf, or states that the accused had made a false confession or that any of the witnesses

had deposed falsely, hadd shall not be enforced.]

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10 . * * * * * * *

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11 . * * * * * * *

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12 . * * * * * * *

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13 . * * * * * * *

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(1) When a husband accuses before a Court his wife who is muhsan within the

meaning of s ection 5, of zina and the wife does not accept the accusation as true, the following

procedure of lian shall apply, namely: -

(a) the husband shall say upon oath before the Court; “ I swear by Allah the

Almighty and say I am surely truthful in my accusation of zina against my

wife (name of wife) and, after he has said so four times, he shall say; “ Allah ’ s

curse be upon me if I am liar in my accusation of zina against my wife (name

of wife) ” ; and

(b) the wife shall, in reply to the husband ’ s statement made in accordance with

clause (a) say upon oath before the Courts: I swear by Allah the Almighty that

my husband is surely a liar in his accusation of zina against me ” , and after she

has said so four times, she shall say: “ Allah ’ s wrath be upon me if he is

truthf ul in his accusation of zina against me ” .

(2) When the procedure specified in sub - section (1) has been completed, the Court shall pass

an d order dissolving the marriage between the husband and wife, which shall operate as a decree for

dissolution of marri age and no appeal shall lie against it.

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(3) * * * * * * *

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(4) * * * * * * *

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15. * * * * * * *

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16. * * * * * * *

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(1) Unless otherwise expressly

provided in thi s Ordinance, the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898),

hereinafter referred to as the said Code, shall apply, Mutatis M utandis, in respect of cases under this

Ordinance:

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[Provided that an offence pun ishable under section 7 shall be triable by a Court of Sessions

and not by or before a Magistrate authorized under section 30 of the said Code and an appeal from an

order of the Court of Sessions shall lie to the Federal Shari at Court .]

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S ubs. & Omitted by Act VI of 06, s. 2 3 - 27.

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Provided further that a trial by, or proceeding before, the Court of Sessions under this

Ordinance shall ordinarily be held at the headquarters of the Tehsil in which the offence is alleged to

have been committed or , as the ca se may be, the husband who has made the accusation ordinarily

resides. ]

(2) The provisions of the said Code relating to the confirmation of the sentence of death shall

apply mutatis mutandis to the confirmation of a sentence under this Ordinance.

(3) The provisions of sub - section (3) of section 391 or section 393 of the said Code shall not

apply in respect of the punishment of whipping awarded under this Ordinance.

(4) The provisions of Chapter XXIX of the said Code shall not apply in respect of a

punishment awarded under section 7 of this Ordinance.

a case is tried, or an appeal is heard, under th is Ordinance, shall be a Muslim.

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Court immediately before the commencement o f this Ordinance, or to offence committed before such

commencem ent.

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Omitted by Act VI of 06, s. 28 .