Role of Sharia and Colonial British Jurisprudence on Rape Laws in Pakistan
According to the Constitution of Pakistan, which was ratified in 1973, women are equal citizens (Raza, 2007, 100). However, gender inequality is widespread and is reflected in the judicial laws. I want to research the Hudood Laws of 1979, which were passed under General Zia-ul Haq’s martial law as a measure to Islamicize the country (Pal, 1990, 449). Derived from Sharia – Islamic laws based on the teachings of Quran and the practices of the Prophet (“Sharia,” OED) – the Hudood Laws is an umbrella term for four ordinances concerning: prohibition of drinking, slander, theft, and punishments for adultery (Pal, 1990, 459). It is the last mentioned ordinance known as the Offence of Zina (defined as sexual intercourse with someone other than your lawful spouse – adultery, fornication, rape and prostitution) that will be the focus of my research. According to a report by the National Commission on the Status of Women, 80% of Pakistani female prisoners are behind bars because they cannot disprove their rape charges and are locked up for adultery (Ali & Shah, 2011, 58). While 95% of women charged for zina are acquitted, years of incarceration before trial make these prisoners vulnerable to physical abuse, including sexual torture (Khan, 2003, 77). In fact, about 80% of these female prisoners are raped at some point during their time in prison (Ali & Shah, 2011, 59).
Some of the questions that I want to answer through this research include: (1) How did colonial English penal code influence rape laws in the subcontinent? (2) What is the role of Sharia laws, introduced during the Islamicization period, on rape laws? (3) What are the implications of this law on imprisoned women’s health and psychological well-being, economic opportunities, and life after release? (4) How does inadequate legal protection against sexual harassment affect women’s participation in the workforce? (5) What are women’s organizations doing to address women’s rape cases? How has the feminist movement in Pakistan impacted rape laws? (6) Has the repeal of Hudood Laws impacted imprisonment rates due to rape?
The Human Rights Commission of Pakistan reports that a woman is raped every two hours in the country (“Pakistan Recognizes Women’s Rights,” 2006, 1938). Even this horrifying statistics is an underestimate if one keeps in mind that talking about rape, sexual assault, and other crimes of such nature is frowned upon in conservative societies of Pakistan. With a negative stigma attached to being a victim of rape, it is no wonder that many cases go unreported. Hudood Ordinance required that to prove a perpetrator to be guilty, either the perpetrator had to confess or four male eyewitnesses had to testify of seeing the rape crime. There is a likely possibility of being accused of zina if a raped woman brought a case to court and she could not produce the required four male witnesses. The maximum sentence for committing zina is death by stoning (Khan, 2003, 76). On November 15, 2006, Pakistan’s parliament passed the Women’s Protection Bill, which tries cases based on the civil penal code. This is a step forward for the penal code allows the use of forensic and other circumstantial evidence in making a judicial decision (“Pakistan Recognizes Women’s Rights,” 2006, 1938). However, the situation remains grim in cases of false accusation (Ali & Shah, 2011, 59).
Although many committees such as Commission on Marriage and Family Laws (1955), Women’s Rights Committee (1976), Commission of Inquiry for Women (1977), and Pakistan Commission on the Status of Women (1985), have been founded to address gender imbalance, Raza notes that the government’s initiative to tackle this problem by increasing reserved parliament seats for women provides a temporary solution (2007, 100). In 2001, Pakistan’s government reserved 33% of seats in local bodies and 17% of seats in nationals and provincial assemblies for women (Raza, 2007, 101). With less than 10% of women working, the rationale for increasing the number of reserved seats was clear: (1) to deter underemployment of women in government offices and (2) to increase their participation in political decision-making. However, reasons for underemployment arises from factors such as gender-specific roles in society, lack of safety using public transportation, inadequate education or vocational training, and workplace harassment. It is the last-mentioned reason that holds the most importance in my research. I want to explore how inadequate legal protection against sexual harassment influences women’s participation in the workforce.
Although women make up half of the population, they face the same oppression as most minorities. One definition of ‘minority’ is a group of people who are socially excluded, economically oppressed, and politically powerless. In view of this definition, women make up the largest minority in Pakistan. They face inequitable treatment in a wide range of matters, including their legal rights. For instance, the Law of Evidence, which bears a significance in charging the Offense of Zina, states that a woman’s witness is half that of man’s (Alavi, 1988, 1330). Is it to suggest that a woman’s legal status is equivalent to half of a man? Researching the Zina Ordinance of Hudood Laws will enable me to understand the judicial system of Pakistan with a critical eye. As a Pakistani, laws like this concern me directly. Being informed about the evolution of these laws and of the current reforms is necessary to propose solutions.
My research is going to be dependent on retrieving published articles from various databases like JSTOR. I will also interview experts/lawyers/ulemas (religious scholars), who have opposing view on the issue: I will be gathering information from both modernist and traditionalist. Here modernist refers to people who question the implementation of Islamic laws in modern times and traditionalist refers to people who adhere to strict interpretation of the Quran and Sunnah. I will also look at imprisonment rates and their corresponding reasons from reports issued by the National Commission on the Status of Women.
This research project is intended to spread awareness on the subject of rape laws in Pakistan. The descriptions of women who have been most severely affected by these laws include: poor and illiterate women who cannot afford lawyers (Khan, 2003, 77). Women who are affected by such laws are not aware of their rights and often times do not know under what charges they are being prosecuted. Therefore, it is of utmost importance to bring restrictive laws like the Hudood Ordinances under a critical spotlight and begin a conversation about it. Although the primary purpose is educational, I hope that it provides initial research that is necessary for a book. I have always wanted to write a book about women’s rights in Pakistan, but I have felt overwhelmed by so many laws and things that I am not aware of. However, this research project will enable me to familiarize myself with the role of government in recognizing women’s dignity/rights. Even though this topic is not related to my major or future course of study, it is something I care about deeply and want to analyze thoroughly.
References
“Definition of Sharia in English:.” Sharia: Definition of Sharia in Oxford Dictionary (British & World English). N.p., n.d. Web. 11 Oct. 2014. Retrieved from http://www.oxforddictionaries.com/definition/english/sharia?q=shariah.
(2006). Pakistan Recognizes Women’s Rights. Lancet. 1938. doi:10.1016/S0140-6736(06)69784-5.
Alavi, H. (1988). Pakistan: Women in a Changing Society. Economic and Political Weekly. 23(26). 1328-1330.
Ali, A., and Shah, N. A. (2011). Women Prisoners In Pakistan: Changing Practices To
Enforce Laws & Rights. Kuwait Chapter of Arabian Journal of Business and Management Review. 1(4). 57-63.
Khan, S. (2003). Zina and the Moral Regulation of Pakistani Women. Feminist Review. 75. 75-100.
Pal, I. (1990). Women and Islam in Pakistan. Middle Eastern Studies. 26(3). 449-464.
Raza, F. (2007). Reasons for the Lack of Women’s Participation in Pakistan’s Workforce. Journal of Middle East Women’s Studies. 3(3). 99-102.
