Hudud Ordinances
It replaced parts of the British-era Pakistan Penal Code, adding new criminal offences of adultery and fornication, and new punishments of whipping, amputation, and stoning to death.The most controversial of the four ordinances,[5] it has several distinct categories of sexual offences and assigned punishments for each: Further Zina offenses are (or as of 1991 were)[13] Under hadd, eyewitnesses evidence of the act of penetration by "at least four Muslim adult male witnesses", about whom "the court is satisfied", that "they are truthful persons and abstain from major sins (kabair)" (tazkiyah al-shuhood).Because of this stringent standard, no accused has ever been found guilty and stoned to death in Pakistan,[14][15] and punishments have been awarded only under the Tazir provision of the Hudood Ordinance which uses circumstantial evidence.[16] Stories of suffering by women who claimed to have been raped appeared in the press in the years following the passing of the Hudood Ordinance stirring protests by Pakistani activists and lawyers and international human rights organizations.One case was that of Safia Bibi, an unmarried blind woman from the northwest frontier who was prosecuted for zina because of her illegitimate pregnancy.Thumping a fat red statute book, the white-bearded judge who convicted her, Anwar Ali Khan, said he had simply followed the letter of the Qur'an-based law, known as hudood, that mandates punishments.[42] They are opposed by right wing religious parties (Muttahida Majlis-e-Amal (MMA)), who accuse them of departing from Islamic values.[citation needed] A study by Charles Kennedy of the Hudood Ordinances based on random stratified sample of cases tried by the Federal Shariat Court (FSC) from 1980–84, found 88% of cases heard by the FSC were Zina Ordinance-related, that the court acquitted over half (52%) of the appellates (an "extraordinarily high" number), and "fully upheld" less than one in five (19%) of the convictions.[43] The average time that defendants had to wait for disposition of their cases (in jail unless they were granted bail) after the "First Information Report" in district and sessions courts was around eighteen months."[47] Three common patterns in the cases were: Kennedy states that "clearly the perception that Zia's program significantly discriminated against women's rights is fundamentally flawed".[51] Human rights attorney Sadakat Kadri replies that "Kennedy reached that mistaken view" because he compared male and female "conviction statistics as though they were alike, ignoring the fact that most men would have been rapists, whereas the women would all have been rape victims or alleged consenting adulterers."[60] In contrast Martin Lau has said that the Act "cannot be dismissed as a mere window dressing undertaken to satisfy a Western audience.[64] According to the new law, anyone who rapes a minor or a mentally or physically disabled person will be liable for the death penalty or life imprisonment.[citation needed] The new law also declares that trials for offences such as rape and related crimes shall be conducted in-camera and also allows for the use of technology such as video links to record statements of the victim and witnesses, to spare them the humiliation or risk entailed by court appearances.[65] UN Women Executive Director, Phumzile Mlambo-Ngcuka, hailed the Government of Pakistan's decision to pass the anti-rape and anti-honour killing bills.