NCJ Number
122723
Journal
International Journal of the Sociology of Law Volume: 18 Issue: 1 Dated: (February 1990) Pages: 19-29
Date Published
1990
Length
11 pages
Annotation
Changes in the law of rape in Pakistan in 1979 have made fornication and adultery crimes similar to rape, thereby reducing the emphasis on the crime of rape and giving men more power over women's bodies despite the increase in the severity of punishment.
Abstract
The Offense of Zina (Enforcement of Hudood) Ordinance, VII of 1979 provides for Islamic standards of proof and punishment for the crimes of adultery, fornication, rape, and prosecution. Punishments include stoning to death, amputation of limbs, whipping, imprisonment, and fines. A confession by the rapist or testimony from four Muslim adult male witnesses constitutes proof for the more severe punishments, but these standards are so strict that no rapist has yet been punished this severely. Less stringent standards of proof apply to the less severe punishments, which also apply to fornication and adultery. In addition, women coming to court in a rape case risk conviction for fornication or adultery. Thus, the laws protect men against false accusations of rape, while female rape victims are vulnerable to accusation of a sexual crime. Pakistan's current leader, Benazir Bhutto, has been unsuccessful in her efforts to abolish these and other laws that discriminate against women. Chart, notes, and 9 references.