In defense of the codification of the Islamic law of Hudud into the law of Pakistan

Abstract

Islamic law has three types of punishments for criminal offences: fixed punishment, which is called Hudud, retaliation, which is called Qisas, and discretionary punishment, which is called Tazir. Hudud, fixed punishments, are predetermined by Allah the Almighty and his last Prophet Muhammad in the Holy Quran and in the Sunnah of Prophet Muhammad . Hudud punishments are used mainly for five crimes: adultery, false accusation of adultery, theft, drinking liquor, and apostasy. The fifth President of Pakistan, General Muhammad Zia-ul-haq, introduced Hudud codified laws in Pakistan in 1979 for four of the criminal offences: Zina (adultery), false accusation of adultery, drinking Khamr (alcohol), and theft. No law was promulgated for the offence of apostasy; rather, one ordinance was introduced on the regulation of whipping, which was later repealed by the Pakistani parliament in 1996. Secular groups advocate for the complete abrogation of Hudud law from the judicial system of Pakistan in the name of the protec...