ISLAMABAD: The Federal Shariat Court (FSC) declared on Tuesday that every Muslim woman must be presumed chaste, saying that the Islamic concept of “Al Ihsan” requires Muslim men to desist from questioning a woman’s character without evidence.
“Chastity is a quality held by someone pure, modest or celibate. A virgin is an example of chastity. Faithful married couples are examples of chastity,” the FSC said in a judgement delivered on Tuesday.
“A presumption of chastity is applicable to every Muslim woman under the concept of Al Ihsan,” the court said in its verdict on a petition filed by Saira Rauf of Chakwal against a decision of the additional district and sessions judge in a case brought by her former husband, Muhammad Asad Tahir.
According to Saira Rauf, her marriage to Asad Tahir was dissolved by way of Khula in 2017. The dissolution led to a round of litigations over the custody of their two sons, aged 16 and 12, before a guardian judge in Chakwal.
Asad Tahir, while submitting his affidavit before the judge, levelled allegations regarding his ex-wife’s chastity.
The petitioner (Saira Rauf) filed a criminal complaint under Section 8 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, before the Sessions Judge in Chakwal, but he rejected it after recording a statement of the complainant and two other witnesses.
Later the petitioner’s ex-husband tendered an apology before the court, regretting that he had uttered indecent words out of stress.
The Shariat Court set aside the additional sessions judge’s order and remanded the case to the trial court, asking it to decide the matter within 90 days.
The trial court was also asked to record the statements of the complainant, along with the evidence of two witnesses, in accordance with Section 6 of the Qazf Ordinance.
The FSC directed the trial court to determine whether the crime of Qazf, liable to be punished as Hadd, was committed or not.
Published in Dawn, April 5th, 2023
