LAHORE, Nov 6: An animated discussion on the Hudood Ordinance was organized by the Aurat Foundation here on Thursday.

Those attending the meeting included human rights activists and media people. The non-governmental organization, known for its feminist proclivities, had invited an advocate of the Lahore High Court, Hassam Qadir Shah, to the seminar.

Distinguishing between an ordinance and an act, Mr Shah pointed out the illegal nature of the Hudood Ordinance. He explained that an ordinance could not remain in force for a period of more than four years; it needed to be promulgated again for validation. An act required approval of a democratic parliament after a thorough discussion. The Hudood Ordinance did not fulfil either of the two legalities. “It has never been accepted as an act or re-promulgated. Moreover, the five laws falling within the Hudood Ordinance were imposed within two days. They remain an ordinance,” noted the advocate, who has been working on the Hudood Ordinance for the past seven to eight years.

About the offence of Zina, Mr Shah stated that there were 22 sections in the Hudood Ordinance. He cited the 1991 case of Sher Zaman, a resident of Talagang, which was referred to the Federal Shariat Court. Mr Zaman had accused a female resident of his village of adultery (zina) with two men. In the judicial pronouncement given by the Federal Shariat Court, it was stated that Mr Zaman had violated the Islamic code of right to privacy and had also borne false witness (Qazaf). The FSC reprimanded the prosecution for bringing forth a feeble case of adultery against respectable people. “Instead of using it as a precedent, supporters of the Hudood Ordinances have conveniently overlooked the famous ruling of the FSC.”

Since its promulgation in 1979, not a single case could be cited in which the accused was punished under the Hudood Ordinance. Even though a majority of the cases against women have been brought under these convoluted laws, nearly all of them have been decided according to the Pakistan Penal Code. “The Hudood laws are ordained by Allah, which means they cannot be altered or changed. How can a person be held under Had and sentenced under Tazir,” questioned the advocate. Punishment under Tazir is given when the offence is considered proven but fails to fulfil all the requirements of Had. “These laws have done nothing more than give our country a parallel legal system, bringing injustice to a society already suffering from poverty,” regretted Mr Shah.